Possible insurance claim refusal - advice needed!

[Wizard1992]

Hi all

Unfortunately I have found myself in a bit of a ugly situation and I require some advice/ opinions

I was recently involved in quite a serious crash on the motorway, I was wiped out from behind but managed to avoid hitting anything in front of me.
Luckily there was plenty of eye witnesses, dashcam footage and police attendance so I'm confident the at the fault party will be found at fault.

I had a 2008 reg car so know instantly it was going to be wrote off, my insurance picked the car up and I was told I can expect settlement within a few days.

No settlement figure was even discussed and after chasing it I was told that I had undelcared modifications to my car, apprently the insurance assessor said it has had aftermarket parts fitted such as the bodykit and alloys.

I tried to explain that the model of my car is a sports version and that the upgraded alloys, side skirts and bigger bumper come from the factory and that it isn't a modification to the original spec of the car.

I've even managed to get the specification sheet from the dealer which has these listed, but unfortunately the insurance and the assessor seem to have made there mind up, I've raised a complaint but again I've been told this could take from anywhere 2 - 6 weeks and I can't complain to financial ombudsman until my insurance have given me a final resolution letter.

In the meantime I've brought the same car but a coupe version, with the sports spec and asked my insurance if I needed to declare this, and was told if it's from the factory it isn't a modification so no need to declare it.

Any advice as I feel like I'm fighting a loosing battle here

Cheers

Edited by Wizard1992 on Friday 20th December 20:55

[kestral]

Wizard1992 said:

Hi all

Unfortunately I have found myself in a bit of a ugly situation and I require some advice/ opinions

I was recently involved in quite a serious crash on the motorway, I was wiped out from behind but managed to avoid hitting anything in front of me.
Luckily there was plenty of eye witnesses, dashcam footage and police attendance so I'm confident the at the fault party will be found at fault.

I had a 2008 reg car so know instantly it was going to be wrote off, my insurance picked the car up and I was told I can expect settlement within a few days.

No settlement figure was even discussed and after chasing it I was told that I had undelcared modifications to my car, apprently the insurance assessor said it has had aftermarket parts fitted such as the bodykit and alloys.

I tried to explain that the model of my car is a sports version and that the upgraded alloys, side skirts and bigger bumper come from the factory and that it isn't a modification to the original spec of the car.

I've even managed to get the specification sheet from the dealer which has these listed, but unfortunately the insurance and the assessor seem to have made there mind up, I've raised a complaint but again I've been told this could take from anywhere 2 - 6 weeks and I can't complain to financial ombudsman until my insurance have given me a final resolution letter.

In the meantime I've brought the same car but a coupe version, with the sports spec and asked my insurance if I needed to declare this, and was told if it's from the factory it isn't a modification so no need to declare it.

Any advice as I feel like I'm fighting a loosing battle here

Cheers

Edited by Wizard1992 on Friday 20th December 20:55

If the other party is a fault go to his insurer and claim direct from them, the modification will not matter if you do that.

[Decky_Q]

It will mean you need to chase the other insurance company yourself, not that you dont have a valid claim.

Get onto it as best you can tomorrow, find out where the car is and who the other parties insurer is get on to them and see if they want the car to do their own assessment or if they want to get straight to haggling the value.

[Mr E]

kestral said:

If the other party is a fault go to his insurer and claim direct from them, the modification will not matter if you do that.

This. You’re not claiming on your insurance so whatever opinion they have is largely irrelevant.

[Wizard1992]

Thank you for the replies, I have to be honest I wasn't even aware that I could/should have gone to the other insurance.

I thought dealing with my own insurance would have been the safe bet and that if there was any complications I could then complain to the financial ombudsman.

To complicate matters a family member was injured in the crash and required medical attention, he has since been referred to a physio which I assume is being paid by the insurance, would this jeopardise his physio or recovery in anyway ?

Thanks again for your advice

[BertBert]

Mr E said:

kestral said:

If the other party is a fault go to his insurer and claim direct from them, the modification will not matter if you do that.

This. You’re not claiming on your insurance so whatever opinion they have is largely irrelevant.

The OP needs someone to do this for him especially if there is a third party injury involved.
I would be trying to find a legal expert either in the shape of a lawyer or a decent claims management company to take it on. Going DIY feels like a whole world of pain.

Regarding the "mods" aspect. Are the features that might or might not be mods effectively described in the car designation? Eg Morris Minor Equipe=standard moggie with big fat add ons as first delivered when new? If so, then your ins co should know all about them and cannot claim it's "modified".

[the-norseman]

What car/spec is it?

[Wizard1992]

Yes the insurance company asked me if I fitted the modifications/extras myself, which I denied. I also have pictures luckily when I picked it up from the trader that shows the modifications/extras

I was convicned that they was fitted during production at the factory as its a sports model and they are fitted extremely well and colour coded. A family member also has the same car and same spec which has the modifications/extras ( he's nearly 70 so certainly not a boy racer)

I have also managed to find the original specification sheet which shows all the parts fitted to my car and the bodykit is included so I'm absolutely certain that I'm in the right.

I've been told that the incident is a none fault claim and had this confirmed to me so I thought this would be quite a easy claim but it appears not!

[Wizard1992]

the-norseman said:

What car/spec is it?

It's a mercedes c class sport edition
The car is completely stock from factory apart from some seat covers ( surprised the insurance haven't moaned about them yet! )

[BertBert]

Wizard1992 said:

It's a mercedes c class sport edition
The car is completely stock from factory apart from some seat covers ( surprised the insurance haven't moaned about them yet! )

Just to be clear, every merc c class sport edition has those bits? Also that's what the insurance company knew they were insuring?

Then I'd be getting someone to represent me to claim from the third party for the accident damage and then claim any other losses from my insurance co for the fact that they are in breach of contact.

[Wizard1992]

Yes I belive that the modifications that the insurance company are talking about are standard on that model of the car. It was insured under the reg plate and I even think it was listed as a sports model when I brought the policy, so the insurance company knew what they was insuring.

The skirts, alloys and spoiler are all included in the amg sports styling pack which mine has and this is how it left the production line as confirmed by the specification sheet.

I have also purchased a c class sport since the accident which has exactly the same, a spoiler, fancier skirts and fancier alloy wheels.

Now that I've written this down it seems even more laughable that the insurance seem to think these are modifications LOL

Thanks again for your help and advice

Edited by Wizard1992 on Friday 20th December 23:11

[alscar]

If you have the proof that the car is unmodified and nothing different from a factory spec the Insurer cannot claim otherwise successfully.
They might try and lowball the settlement offer but would no doubt do that anyway given the cars age.
Denying cover and hence the claim is only something done very occasionally and with absolute proof and even then usually when there had been deliberate fraud involved.
I would be emailing the Claims Dept with a cc to their complaints Dept and also their CEO.
Be polite but firm and point out they have made a mistake and the car is stock from the factory and as already known to them.
It’s not clear from your post whether their complaints Dept has rejected already but I doubt it but you cannot go to the ombudsman in any event until they have.
The additional claim for medical should be covered in any event once they hopefully accept you have done nothing wrong.
If the other party is totally at fault your Insurer may try and subrogate costs back from their insurer but that won’t involve you.
Good luck.

[ralphrj]

Wizard1992 said:

It's a mercedes c class sport edition
The car is completely stock from factory apart from some seat covers ( surprised the insurance haven't moaned about them yet! )

Is it a late W203 model? I worked at Mercedes at the time and the Sport Edition was definitely a genuine model with different alloy wheels and bodykit.

[Wizard1992]

ralphrj said:

Is it a late W203 model? I worked at Mercedes at the time and the Sport Edition was definitely a genuine model with different alloy wheels and bodykit.

I belive it's a the w204 version, it's the facelift version but still has the kompressor engine.
I belive the later facelifts had the cgi engine fitted.

[Chucky-egg]

Have you got legal cover on your house insurance, union membership etc? If so, use it if needed.

[TwigtheWonderkid]

Wizard1992 said:

In the meantime I've brought the same car but a coupe version, with the sports spec and asked my insurance if I needed to declare this, and was told if it's from the factory it isn't a modification so no need to declare it.

Any advice as I feel like I'm fighting a loosing battle here

Cheers

It's bought and losing.

But that aside, did you get the name of the person in underwriting that said that factory fitted stuff doesn't need to be declared? If so, go back to claims and say "I've spoken to Fred in underwriting who has confirmed factory fitted stuff does not need to be declared. You had the the reg no of my car, so your system would have told you exactly what model you were covering. And that it came with the stuff you're now saying are mods."

Yes, you can go directly to the tp but you shouldn't be forced to do so against your will. You're perfectly entitled to claim directly from your own insurers, and they seem to be ducking out of the claim when they shouldn't be.

As for the injured passenger, they will have to claim from the third party. They cannot claim from you or your insurers as you weren't negligent and didn't cause their injuries.

[Robertb]

If you put your car’s VIN into this it will give you the original build spec and options fitted.
https://www.lastvin.com/