Written Off my 458 Spider
Discussion
I’m reposting as Admin removed presumably because I named the insurance company - now removed.
If you could cut and paste your previous valuable responses I’d be very grateful!
Back in early June whilst travelling fairly quickly on an A road in Sussex a car pulled out of a side road right in front of me and to avoid collision I left the road and bounced off several trees in the process destroying my beautiful 458 Spider. Police etc attended and a witness was present although I haven;t heard their view of events. Apparently the case is with Sussex Police Collision unit who will give no details and are investigating the incident but due to a back log dont expect to have concluded matters for 12-16 weeks.
My insurers, after much argument have made me a final improved offer of £141k, (based on CAP) still below what I paid for the car last October but wont pay out until the Collision Unit have confirmed that I will not be prosecuted for Drink Driving or Dangerous Driving - and this wont be confirmed for 12-16 weeks although I passed roadside breathalyser.
Im after some sound advise! It seems absurd that I’ll have to wait for the Police to conclude their investigations before tjhe insurer will pay out and the insurers offer is £30k below what I would have to pay today for a similar car. Spider, Nero and Crema, all options, 17k miles and FFSH.
Can any of you learned folks advise a company or individual that would take on and fight my corner in this nightmare? Do should companies exist?
Many thanks in advance!
If you could cut and paste your previous valuable responses I’d be very grateful!
Back in early June whilst travelling fairly quickly on an A road in Sussex a car pulled out of a side road right in front of me and to avoid collision I left the road and bounced off several trees in the process destroying my beautiful 458 Spider. Police etc attended and a witness was present although I haven;t heard their view of events. Apparently the case is with Sussex Police Collision unit who will give no details and are investigating the incident but due to a back log dont expect to have concluded matters for 12-16 weeks.
My insurers, after much argument have made me a final improved offer of £141k, (based on CAP) still below what I paid for the car last October but wont pay out until the Collision Unit have confirmed that I will not be prosecuted for Drink Driving or Dangerous Driving - and this wont be confirmed for 12-16 weeks although I passed roadside breathalyser.
Im after some sound advise! It seems absurd that I’ll have to wait for the Police to conclude their investigations before tjhe insurer will pay out and the insurers offer is £30k below what I would have to pay today for a similar car. Spider, Nero and Crema, all options, 17k miles and FFSH.
Can any of you learned folks advise a company or individual that would take on and fight my corner in this nightmare? Do should companies exist?
Many thanks in advance!
As a starter, carefully read the policy as to what you are covered for.
There is usually a defined term as to your entitlement in this situation. For example the insurer’s policies used to pay “Market Value”
You then need to look at the Market Value definition in the policy to see if it is CAP or something wider.
If wider, get examples of all cars actually on the market that are similar to yours. Cut n paste them to a word doc with details of where and when they were. Get a value for your seller, if a business.
Note on options that the insurer want them declared generally. So I wouldn’t be arguing your car is worth 10 grand more for the full carbon pack unless you’ve declared the full carbon pack.
I would also delete this thread. Insurers can google too and you’ve specified the car and location
There is usually a defined term as to your entitlement in this situation. For example the insurer’s policies used to pay “Market Value”
You then need to look at the Market Value definition in the policy to see if it is CAP or something wider.
If wider, get examples of all cars actually on the market that are similar to yours. Cut n paste them to a word doc with details of where and when they were. Get a value for your seller, if a business.
Note on options that the insurer want them declared generally. So I wouldn’t be arguing your car is worth 10 grand more for the full carbon pack unless you’ve declared the full carbon pack.
I would also delete this thread. Insurers can google too and you’ve specified the car and location
slow ginn said:
‘I would also delete this thread. Insurers can google too and you’ve specified the car and location ‘
Austin_Metro, why would this be a concern?
Caution. Generally, these threads end up with facts that may assist your insurers. Austin_Metro, why would this be a concern?
They are already looking for reasons to turn down this big claim.
If you want a solicitor to help you, any decent commercial solicitor that is actually prepared to read the policy (it’s the contract that sets out your rights, after all). There may be some that actually specialise in this.
What’s the chances of recovery off the third party that caused the accident? Has that been investigated?
Good luck.
I think you will know how quick “fairly quickly” actually was … as will the independent witness
You will also know the limit on that road and whether the speed you were travelling at was not only legal but safe and appropriate to the road and conditions
The question re fault and dangerous/careless driving will come down to whether it was reasonable for the car pulling out of the junction to anticipate how “fairly quickly” you were travelling
The police will look at all those factors before making a decision
Re the drink drive that’s a non starter if you passed the breathalyser at the roadside and they are not looking at any other kind of impairment
The outcome of the police report will decide which insurer gets the bill I suppose
You will also know the limit on that road and whether the speed you were travelling at was not only legal but safe and appropriate to the road and conditions
The question re fault and dangerous/careless driving will come down to whether it was reasonable for the car pulling out of the junction to anticipate how “fairly quickly” you were travelling
The police will look at all those factors before making a decision
Re the drink drive that’s a non starter if you passed the breathalyser at the roadside and they are not looking at any other kind of impairment
The outcome of the police report will decide which insurer gets the bill I suppose
OP , as all replies were deleted I cannot access my previous reply.
From memory it was along the lines of contact the police and get proof of your negative test - mention complaints if they still won’t give you.
Reply politely to Insurance company with average prices you can obtain from say PH - adjusting for spec and mileage.
Reply in email or letter form.
You aren’t entitled to recover what you paid as they will only pay market value.
What they offered seemed low but what you suggested is fair seemed perhaps on the high side but as I say try and work out an average.
At this stage I wouldn’t be going to an accident management company or a solicitor.
Good luck.
From memory it was along the lines of contact the police and get proof of your negative test - mention complaints if they still won’t give you.
Reply politely to Insurance company with average prices you can obtain from say PH - adjusting for spec and mileage.
Reply in email or letter form.
You aren’t entitled to recover what you paid as they will only pay market value.
What they offered seemed low but what you suggested is fair seemed perhaps on the high side but as I say try and work out an average.
At this stage I wouldn’t be going to an accident management company or a solicitor.
Good luck.
MustangGT said:
Earthdweller said:
I think you will know how quick “fairly quickly” actually was … as will the independent witness
Independent witness? Not unless they were a car enthusiast. A high-revving FPC engine sounds as if it is travelling faster than a standard 4 cylinder engine.So you can’t be “independent” and not connected to either party and give an account of what you saw unless your a member of the Ferrari enthusiasts club
Got it
It's a high claim so the the insurance company will check if they are on the hook very carefully. Be prepared for all sorts of questions which may make no sense to you but which may be them looking for an exclusion.
You should be able to post up the policy without identifying the car or company. That should help.
Their desire to scrutinise every aspect of the claim will be at least partially behind the relatively slow progress so if you're not getting the answers you want you need to formally complain in writing immediately. That will at least start the complaints procedure and if the outcome isn't to your satisfaction you can take the complaint to the Ombudsman.
Values are rarely objective so use the time you're waiting to compile a list of comparable vehicles for sale and sold.
You should be able to post up the policy without identifying the car or company. That should help.
Their desire to scrutinise every aspect of the claim will be at least partially behind the relatively slow progress so if you're not getting the answers you want you need to formally complain in writing immediately. That will at least start the complaints procedure and if the outcome isn't to your satisfaction you can take the complaint to the Ombudsman.
Values are rarely objective so use the time you're waiting to compile a list of comparable vehicles for sale and sold.
I posted and said get the complaint in - about the length of time, the valuation and the fact they are suggestion exclusions for something not named in their policy as excludable. Then you can get to complain to the ombudsman quicker.
Although someone mentioned that the ombudsman is likely to be useless. The ombudsman finding against you might make a legal claim easier for the ins co to defend.
I would also be talking to a solicitor experienced in these matters to get the lie of the land as you have already looked to do.
Although someone mentioned that the ombudsman is likely to be useless. The ombudsman finding against you might make a legal claim easier for the ins co to defend.
I would also be talking to a solicitor experienced in these matters to get the lie of the land as you have already looked to do.
Sorry to hear you're being pissed about by your insurance company.
AGTLaw is a motoring solicitor on here (and well regarded by Pistonheaders) - not sure if he does the insurance side as he's known for defending the driving side, but well worth asking him by DM.
You don't get if you don't ask!
AGTLaw is a motoring solicitor on here (and well regarded by Pistonheaders) - not sure if he does the insurance side as he's known for defending the driving side, but well worth asking him by DM.
You don't get if you don't ask!
slow ginn said:
OutInTheShed said:
The main question IMHO is whether anything other than DUI lets the insurer off the hook.
Apparently Dangerous Driving they wont pay outMost policies seem to exclude any incident where you test positive and get charged, I've not seen any exclusions for other motoring offences, but I can't say I've researched this properly. I'd be interested to know what other people have seen in documents?
It's interesting to note that the DUI exclusions vary from insurer to insurer, some make explicit threats about paying out the minimum to third parties and recovering what they can from the insured and/or the driver. Others only seem to exclude from paying for the losses to the insured's own car.
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff