Insurance claim - insurer refuses to give a cash in lieu set
Discussion
A lady drove into the side of my M3 recently damaging the door...no big deal really as she was insured
So I got a quote for the damage and submitted to her insurer...liability prompted accepted
Now given that this is an old but specialist car I do not want to use their "insurance approved"repairer
I asked for a cash settlement that would allow me to use my own choice of bodyshop but they have flatly refused.
Now where does that leave me. Pre accidwnt my car was mint and i dont think im being unreasonable in askig gor cash as opposed to them repairing
Can anyone asisst on the legal angle on this ...
So I got a quote for the damage and submitted to her insurer...liability prompted accepted
Now given that this is an old but specialist car I do not want to use their "insurance approved"repairer
I asked for a cash settlement that would allow me to use my own choice of bodyshop but they have flatly refused.
Now where does that leave me. Pre accidwnt my car was mint and i dont think im being unreasonable in askig gor cash as opposed to them repairing
Can anyone asisst on the legal angle on this ...
cat with a hat said:
I think they need to know you're actually using one of the vendors, not just getting a quote and pocketing the payout.
I don't understand why this would matter? As long as the quote is reflective of the work that is being carried out, why shouldn't the person be allowed to pocket the pay out? If they decide they can live with the damage and its not dangerous they are still entitled to be compensated for the accident if they were not at fault.
tejr said:
I don't understand why this would matter?
As long as the quote is reflective of the work that is being carried out, why shouldn't the person be allowed to pocket the pay out? If they decide they can live with the damage and its not dangerous they are still entitled to be compensated for the accident if they were not at fault.
It matters because there are hundreds, maybe thousands of incidents every day where people don't claim because their car is old/tatty/ full of scratches and minor bumps anyway. You lightly hit a builders van and leave a dent in the bumper, and the builder says "forget it mate" because the whole van is full of dents. As long as the quote is reflective of the work that is being carried out, why shouldn't the person be allowed to pocket the pay out? If they decide they can live with the damage and its not dangerous they are still entitled to be compensated for the accident if they were not at fault.
If people thought they could get actual cash for this type of thing, then they'd all claim.
Insurance picks up your financial loss. If you don't have a financial loss, then you don't get paid.
cat with a hat said:
I can understand them not wanting to give cash... e.g. you get a scratch your door.. "yeah I've been quoted £2k for a new door"..
I think they need to know you're actually using one of the vendors, not just getting a quote and pocketing the payout.
My recent experience: I think they need to know you're actually using one of the vendors, not just getting a quote and pocketing the payout.
A bus swiped the front of my wife's car a few months ago. Bus company's people sent an engineer and he did a very full and detailed estimate (around £900) and they offered their repairer or I could choose my own and discuss any difference in cost.
Or I could have the cash, whic I went for. Only snag with the cash, which they didn't tell me until late in the day, was it was ex-VAT. They told me if I subsequently had the repairs done and sent them a VAT invoice, they'd repay it. I had a PDR guy look at it and he polished the scuff out for a tenner.
catman said:
You don't have to use their chosen repairer. Tell them which one you want to use and send them the quote.
Tim
The insurer doesn't owe him the money, it's the person that drove into him that owes him.Tim
Send the bill to them and it's up to them to sort it.
Edited by anonymous-user on Friday 15th February 16:03
Boosted LS1 said:
I experienced this once and in they paid me the cash. That's what insurance is for. You don't have to have the car repaired if you choose not to . As I see it, you're insured against financial loss.
If you don't get your car repaired, where's your financial loss? They can choose to pay you cash if they want to, but are not obligated to. They are perfectly entitled to say they will only pay for a repair. desolate said:
catman said:
You don't have to use their chosen repairer. Tell them which one you want to use and send them the quote.
Tim
The insurer doesn't owe him the money, it's the person that drive into him that owes him.Tim
Send the bill to them and it's up to them to sort it.
Edited by desolate on Friday 15th February 16:01
There's nothing you can do in those circumstances. You can't sue someone on an estimate of losses, just on a final invoice of your losses.
TwigtheWonderkid said:
If you never get the vehicle repaired, where are you going to get a bill from? You can get an estimate, and the tp (the driver, not the insurer) can say "that's fine, get the garage to send me the final invoice and I'll pay them.
There's nothing you can do in those circumstances. You can't sue someone on an estimate of losses, just on a final invoice of your losses.
Exactly.There's nothing you can do in those circumstances. You can't sue someone on an estimate of losses, just on a final invoice of your losses.
He can use his own repairer and if they don't want to pay them directly hee pays himself and gets the money from the TP retrospectively.
If it's reasonable he will get paid, if it isn't, he won't.
tinnitusjosh said:
TwigtheWonderkid said:
If you don't get your car repaired, where's your financial loss?
You've suffered a capital loss as the value of your asset has been reduced by the amount it would cost to repair it. But that aside, because he has not suffered any financial loss currently. He may do when he sells it, or a piano may fall on it before that day comes. If I dent my own car getting it out of the garage, I am not financially worse off the moment it happens. I am once I've paid to repair it, or when I sell it and have to knock a few hundred quid off due to the dent.
TwigtheWonderkid said:
If you never get the vehicle repaired, where are you going to get a bill from? You can get an estimate, and the tp (the driver, not the insurer) can say "that's fine, get the garage to send me the final invoice and I'll pay them.
There's nothing you can do in those circumstances. You can't sue someone on an estimate of losses, just on a final invoice of your losses.
There's nothing you can do in those circumstances. You can't sue someone on an estimate of losses, just on a final invoice of your losses.
cat with a hat said:
I can understand them not wanting to give cash... e.g. you get a scratch your door.. "yeah I've been quoted £2k for a new door"..
I think they need to know you're actually using one of the vendors, not just getting a quote and pocketing the payout.
I think they need to know you're actually using one of the vendors, not just getting a quote and pocketing the payout.
TwigtheWonderkid said:
It matters because there are hundreds, maybe thousands of incidents every day where people don't claim because their car is old/tatty/ full of scratches and minor bumps anyway. You lightly hit a builders van and leave a dent in the bumper, and the builder says "forget it mate" because the whole van is full of dents.
If people thought they could get actual cash for this type of thing, then they'd all claim.
Insurance picks up your financial loss. If you don't have a financial loss, then you don't get paid.
If people thought they could get actual cash for this type of thing, then they'd all claim.
Insurance picks up your financial loss. If you don't have a financial loss, then you don't get paid.
tinnitusjosh said:
You've suffered a capital loss as the value of your asset has been reduced by the amount it would cost to repair it.
TwigtheWonderkid said:
You have no idea if that's true or not. A dent may reduce a cars value, but the cost of repair may be far higher or lower than the reduction.
But that aside, because he has not suffered any financial loss currently. He may do when he sells it, or a piano may fall on it before that day comes. If I dent my own car getting it out of the garage, I am not financially worse off the moment it happens. I am once I've paid to repair it, or when I sell it and have to knock a few hundred quid off due to the dent.
Most rental companies would beg to disagree.But that aside, because he has not suffered any financial loss currently. He may do when he sells it, or a piano may fall on it before that day comes. If I dent my own car getting it out of the garage, I am not financially worse off the moment it happens. I am once I've paid to repair it, or when I sell it and have to knock a few hundred quid off due to the dent.
If you damage a hire car, they will charge you for it.
But more precisely, they will charge you the amount it costs them when they get rid of it.
They won't defleet it and repair it immediately - who's going to cover the car not bringing in £60 a day while its in the bodyshop? - but at the end of its ownership when it goes to auction, it's going for less - and your covering that.
Jakg said:
Most rental companies would beg to disagree.
If you damage a hire car, they will charge you for it.
But more precisely, they will charge you the amount it costs them when they get rid of it.
They won't defleet it and repair it immediately - who's going to cover the car not bringing in £60 a day while its in the bodyshop? - but at the end of its ownership when it goes to auction, it's going for less - and your covering that.
Because you've entered into a contract with them where you agreed to do that. It's completely irrelevant to this discussion.If you damage a hire car, they will charge you for it.
But more precisely, they will charge you the amount it costs them when they get rid of it.
They won't defleet it and repair it immediately - who's going to cover the car not bringing in £60 a day while its in the bodyshop? - but at the end of its ownership when it goes to auction, it's going for less - and your covering that.
The OP has no contract with the person who hit them. He can only demand what he is entitled to under the law. By all means he can ask for something else, and then they can say yes, or no.
Gassing Station | General Gassing | Top of Page | What's New | My Stuff