Insurance Payout
Author
Discussion

lemonslap

Original Poster:

1,029 posts

186 months

Saturday 24th August 2013
quotequote all
Hi All
Unfortunately someone decided to drive whilst unfit and drove into the back of my vehicle whilst I was in traffic, their insurance company admitted full liability.

My vehicle has £8k worth of damage so is a CAT C write off, the insurance company are offering £2k below what I can buy another vehicle of the same age and spec for. However their offer is at book price, we are now at final offer which leaves me unable to replace my car and the hire car having to be returned.

Where can I go from here? FOS won’t be interested as the insurance company are offering book price. Small claims court?

Thanks any help in advance, feeling snookered!


Edited by lemonslap on Saturday 24th August 11:26

LouD86

3,290 posts

184 months

Saturday 24th August 2013
quotequote all
Insurance are to put you back in the same financial situation you were before, no gain. So send them the adverts, or tell them to buy you a replacement car for the value they are wanting to pay out.

Best of luck!

BE57 TOY

2,628 posts

178 months

Saturday 24th August 2013
quotequote all
Remember book price is just an indication. They need to find you a similar car for that money or up their offer I believe? What value did you insure the car for??

Mave

8,217 posts

246 months

Saturday 24th August 2013
quotequote all
Get them to show you adverts of cars available locally in similar condition. I got my insurer to tell me they used Autotrader to benchmark their valuations, so I sat on the phone with them going through the adverts, one by one, until they agreed that the value they were offering would only get me a car older, with more miles, 200 miles away! After a few long phone calls I got ~40% more than their original offer smile

waynedear

2,351 posts

198 months

Saturday 24th August 2013
quotequote all
Mave said:
Get them to show you adverts of cars available locally in similar condition. I got my insurer to tell me they used Autotrader to benchmark their valuations, so I sat on the phone with them going through the adverts, one by one, until they agreed that the value they were offering would only get me a car older, with more miles, 200 miles away! After a few long phone calls I got ~40% more than their original offer smile
This.....

Had this with an Alfa GTV 3.0, went through every advert they used to price up and explained to them why my car was worth more, as soon as they realised I knew what I was talking about their offer went up to what I wanted..

davepoth

29,395 posts

230 months

Saturday 24th August 2013
quotequote all
When they say "final offer" they don't really mean "final offer". They mean "go away, we're busy".

Get on the phone and explain the situation to them. Remember that the person you are speaking to has very little authority, and very strict rules to work within. Ask to speak to their supervisor. If that doesn't work, Google a bit, find the name of the operations director, and ring them instead. You'd be amazed at how well that works. wink

lemonslap

Original Poster:

1,029 posts

186 months

Saturday 24th August 2013
quotequote all
The Engineers said all the cars listed are overpriced and their claims department said they will not review the offer further. If I don't agree to consult the FOS or take them to court. Sounded to me as Final?

Thanks All

Edited by lemonslap on Saturday 24th August 11:07

inman999

34,954 posts

204 months

Saturday 24th August 2013
quotequote all
waynedear said:
Mave said:
Get them to show you adverts of cars available locally in similar condition. I got my insurer to tell me they used Autotrader to benchmark their valuations, so I sat on the phone with them going through the adverts, one by one, until they agreed that the value they were offering would only get me a car older, with more miles, 200 miles away! After a few long phone calls I got ~40% more than their original offer smile
This.....

Had this with an Alfa GTV 3.0, went through every advert they used to price up and explained to them why my car was worth more, as soon as they realised I knew what I was talking about their offer went up to what I wanted..
Similar to my experience, Legacy GTB so quite difficult to value. They initially gave me book price, which was below any actual cars for sale. After several backwards and forwards emails with me giving examples they eventually sent me a tidy cheque for the difference.

One of the problems I had was they used Auto trader prices for the valuation and there were none for sale on AT.

lemonslap

Original Poster:

1,029 posts

186 months

Saturday 24th August 2013
quotequote all
inman999 said:
Similar to my experience, Legacy GTB so quite difficult to value. They initially gave me book price, which was below any actual cars for sale. After several backwards and forwards emails with me giving examples they eventually sent me a tidy cheque for the difference.

One of the problems I had was they used Auto trader prices for the valuation and there were none for sale on AT.
This is the only vehicle the same as mine for sale:
http://www.autotrader.co.uk/classified/advert/2013...

On the phone again, their view is that they don't need to put me back in the same postion as before the accident just compensate be for my loss? The have said it has had 2 engineer reviews and cannot be looked at again..

anonymous-user

85 months

Saturday 24th August 2013
quotequote all
lemonslap said:
On the phone again, their view is that they don't need to put me back in the same postion as before the accident just compensate be for my loss? The have said it has had 2 engineer reviews and cannot be looked at again..
doesn't compensating for your loss mean that they have to put you back into the same position you were before the accident? if they don't put you back where you were, but slightly underneath it, then you have lost something...

davepoth

29,395 posts

230 months

Saturday 24th August 2013
quotequote all
RealSquirrels said:
lemonslap said:
On the phone again, their view is that they don't need to put me back in the same postion as before the accident just compensate be for my loss? The have said it has had 2 engineer reviews and cannot be looked at again..
doesn't compensating for your loss mean that they have to put you back into the same position you were before the accident? if they don't put you back where you were, but slightly underneath it, then you have lost something...
It means exactly that. The engineer can't say "the market over-values these cars"; they're supposed to put you back into your car, or one just like it, or give you the money to buy a car just like it. Make a complaint, kick up a fuss, and go to the Ombudsman if necessary. I can't see them winning, and it's free to do anyway.

lemonslap

Original Poster:

1,029 posts

186 months

Saturday 24th August 2013
quotequote all
RealSquirrels said:
doesn't compensating for your loss mean that they have to put you back into the same position you were before the accident? if they don't put you back where you were, but slightly underneath it, then you have lost something...
Thanks RealSquirrels. I know, started to turn purple while on the phone! They can't get the supervisor to call me back until Tuesday, which means I am now going to have a great bank holiday...

BE57 TOY

2,628 posts

178 months

Saturday 24th August 2013
quotequote all
lemonslap said:
Thanks RealSquirrels. I know, started to turn purple while on the phone! They can't get the supervisor to call me back until Tuesday, which means I am now going to have a great bank holiday...
That's fair enough as it is bank holiday, however you should definitely stick to your guns come Tuesday.

m444ttb

3,183 posts

260 months

Saturday 24th August 2013
quotequote all
Giving you enough money to buy the same car is the minimum they should be giving you. To be truely back in the same position as you were prior to the accident should require compensation for you increased insurance premiums. Do you have legal cover through your own insurance company? I'd give them a call and ask them to sort it. I'm now sure how anyone with 'engineer' in their job title is more qualified than someone able to use Autotrader to fathom what a car is worth.

philmots

4,666 posts

291 months

Saturday 24th August 2013
quotequote all
Is it too late to threaten them with an accident management company? Would they have anything to do with this situation?

Just thinking out loud - I've no idea. Hope you get it sorted.

johnnyBv8

2,482 posts

222 months

Saturday 24th August 2013
quotequote all
Don't be bullied by them - if the market price is genuinely higher, then they'll just be expecting that you wont be bothered to refer it to FOS, and/or will need the money so cant accept any delay.

catman

2,504 posts

206 months

Saturday 24th August 2013
quotequote all
Doesn't it cost them £500 if you complain to the Ombudsman? I can't see the point of them letting you do that.

Tim

mrmr96

13,736 posts

235 months

Saturday 24th August 2013
quotequote all
LouD86 said:
Insurance are to put you back in the same financial situation you were before, no gain.
i.e. you have an asset which you could liquidate and raise £x from. (i.e. the sale value)

They therefore have to give you what you'd get for it if you were to sell it. (This is NOT the same as giving you enough to buy a replacement car from a dealer.)


Sucks, but that's the rules.

Warw1ckHunt

280 posts

166 months

Saturday 24th August 2013
quotequote all
Is it too late to mention that you have a sore neck? bandit


lemonslap

Original Poster:

1,029 posts

186 months

Saturday 24th August 2013
quotequote all
Thanks All,

They won't review their offer, They will allow me to buy back my car at £942.... I am fighting to get this back for a far price so I can repair myself. FOS is of no use as they only look at the book prices, accident management company doesn't want to know due to being so far dow the line. Really have no choice but to repair with second hand parts and sort the VIC check etc at my own time and cost.

My legal insurance are not interested as they only deal with injurys?

Really very upset, still suffering from memory loss and headaches plus movement issues (going through painful physio) sutained in the crash. Just wish I could turn back time... Woman who crashed into me didn't even say sorry, just said when I was suffering "oh don't say you are in pain". Charming considing I helped her out of her car after the crash.