Accepting/Not Accepting Insurance Pay Out
Discussion
Opinion/direction sought please. Will try to keep this as brief/concise as possible:
- Rear of car driven in to last November at a junction, rear bumper broken, third party admitted liability.
- Contact insurer to inform them and told they also insure the third party, asked if I want to go through my policy or his. I go through his.
- Insurer send independent assessor (takes them 6 weeks to do so) who reports third party should only be liable for 50% of cost as replacement of rear bumper would enhance condition of vehicle above what it was before accident. I dispute this.
- Insurer offers 50% of repair costs and leave me to it. I dispute this, to no avail.
- I seek suitable bodyshop and have vehicle repaired.
- I submit invoice from bodyshop to insurer. Insurer then give me the run around for another 6 weeks ignoring emails and calls asking them to repay me the cost.
- Bringing us up to date (8 months since accident). Insurer stands by 50% offer and nothing more. The word of the independent assessor (whom they employed) is final in their opinion.
I've asked for 100% of the bodyshop invoice to be repaid. I haven't asked for any compensation for time spent sorting, time spent without the car, etc.
I'm not sure what my choices are - accept their 50% offer or accept their 50% offer?
Advice please? Thanks in advance.
- Rear of car driven in to last November at a junction, rear bumper broken, third party admitted liability.
- Contact insurer to inform them and told they also insure the third party, asked if I want to go through my policy or his. I go through his.
- Insurer send independent assessor (takes them 6 weeks to do so) who reports third party should only be liable for 50% of cost as replacement of rear bumper would enhance condition of vehicle above what it was before accident. I dispute this.
- Insurer offers 50% of repair costs and leave me to it. I dispute this, to no avail.
- I seek suitable bodyshop and have vehicle repaired.
- I submit invoice from bodyshop to insurer. Insurer then give me the run around for another 6 weeks ignoring emails and calls asking them to repay me the cost.
- Bringing us up to date (8 months since accident). Insurer stands by 50% offer and nothing more. The word of the independent assessor (whom they employed) is final in their opinion.
I've asked for 100% of the bodyshop invoice to be repaid. I haven't asked for any compensation for time spent sorting, time spent without the car, etc.
I'm not sure what my choices are - accept their 50% offer or accept their 50% offer?
Advice please? Thanks in advance.
AWRacing said:
Is it worth contacting your insurance and asking them to deal with it and then let them duke it out with the TP insurance company?
Same company.Try complaining to FOS.
https://www.moneyadviceservice.org.uk/en/articles/...
I am an independent surveyor and do a lot of work for insurance companies. I actually work in ships, not cars, but the principal is the same.
I can sort of see both sides of this, but only to a point.
If your car was an old snotter and a new bumper would make it worth a lot more if you were to sell it, then he has a point. However, I doubt this is the case.
Even if that were the case, the fact is, you would not have changed the bumper had this accident not occurred. Whether or not it enhances the value of the car, you have been forced into this (sharp edge on a broken bumper is a potential MOT fail) and the work was only carried out because the third party drove into you.
You cannot specify exactly how the repairs were carried out, but had you asked the body shop to make the paint look faded and match the rest of the car it would probably have cost more, so by not doing that you have mitigated your losses.
I would write a strongly worded letter and send it by both e mail and recorded delivery. Point out the above and clearly state that it is their responsibility it to return you to an equivalent financial position to how you would be had the accident not occurred. Ask then how you could ask the body shop to only fit half a bumper in order not to be better off. Also, if the their independent man's word is final, ask them to refer it to another independent man (this will cost them money, almost certainly more than half your bumper). Point out to them that to date you have only claimed for the cost of repairs. However, this whole saga has cost you a lot of time which you can ill afford. Therefore, you may be considering appointing a solicitor to handle matters for you. Clearly, the solicitors costs will be for their account, in addition to the cost of repairs. Finally, give them a (reasonable) deadline to respond (say 2 or 3 weeks).
Do let us know how it turns out.
I can sort of see both sides of this, but only to a point.
If your car was an old snotter and a new bumper would make it worth a lot more if you were to sell it, then he has a point. However, I doubt this is the case.
Even if that were the case, the fact is, you would not have changed the bumper had this accident not occurred. Whether or not it enhances the value of the car, you have been forced into this (sharp edge on a broken bumper is a potential MOT fail) and the work was only carried out because the third party drove into you.
You cannot specify exactly how the repairs were carried out, but had you asked the body shop to make the paint look faded and match the rest of the car it would probably have cost more, so by not doing that you have mitigated your losses.
I would write a strongly worded letter and send it by both e mail and recorded delivery. Point out the above and clearly state that it is their responsibility it to return you to an equivalent financial position to how you would be had the accident not occurred. Ask then how you could ask the body shop to only fit half a bumper in order not to be better off. Also, if the their independent man's word is final, ask them to refer it to another independent man (this will cost them money, almost certainly more than half your bumper). Point out to them that to date you have only claimed for the cost of repairs. However, this whole saga has cost you a lot of time which you can ill afford. Therefore, you may be considering appointing a solicitor to handle matters for you. Clearly, the solicitors costs will be for their account, in addition to the cost of repairs. Finally, give them a (reasonable) deadline to respond (say 2 or 3 weeks).
Do let us know how it turns out.
LeoSayer said:
speedking31 said:
It's laughable that they think that a new bumper is betterment.
That kind of depends on the condition of the bumper before the crash.The OP didn't furnish us with that info.
It's not betterment, it's replacement. If the Ins co. wanted to replace it with a secondhand one to put the car back to the condition it was pre-accident then they could have said so and sorted it out themselves.
vonhosen said:
AWRacing said:
Is it worth contacting your insurance and asking them to deal with it and then let them duke it out with the TP insurance company?
Same company.Try complaining to FOS.
https://www.moneyadviceservice.org.uk/en/articles/...
MCOL will focus there minds quicker to just pay up. It’s not your fault someone drove in to the back of you. If the third party had been with a different insurance company would they be claiming betterment. No it’s just your insurance company trying to limit its costs.
LeoSayer said:
speedking31 said:
It's laughable that they think that a new bumper is betterment.
That kind of depends on the condition of the bumper before the crash.The OP didn't furnish us with that info.
I bet it's more likely to be zero than half the cost of getting a bumper purchased and fitted.LeoSayer said:
That kind of depends on the condition of the bumper before the crash.
The OP didn't furnish us with that info.
That’s the critical part. If the bumper was knackered before the accident then the insurer is correct. If the bumper was just old, because it was on an old car then it’s bThe OP didn't furnish us with that info.
ks and they are liable for the full cost of repair. Just send the bill to the TP and let him deal with the claim against his negligence.
If his insurers do not whish to indemnify him that's his problem.
If he does not put you in the position you were in before the colision then he goes to court. He the TP can sue his insurer for not indemnifying a claim made against him.
If his insurers do not whish to indemnify him that's his problem.
If he does not put you in the position you were in before the colision then he goes to court. He the TP can sue his insurer for not indemnifying a claim made against him.
kestral said:
If he does not put you in the position you were in before the colision then he goes to court.
I assume the bumper had pre-existing damage, rather than normal wear and tear.Putting the OP back into the position before the collision would involve sourcing a cheaper damaged bumper and fitting it. That’s not a practical solution so instead they offered 50%.
The OP then chose to go ahead with the repair and effectively got his damaged bumper replaced for half-price.
Of course, it’s unfortunate for the OP because he’s forced to shell out to fix a bumper he may not have planned to fix, but it can’t be fair for the insurer to pay for it either, just like they’re not going to pay book price for total loss car that had pre-existing panel damage.
Spitfire2 said:
Formal complaint ultimately escalated to FOS should hopefully see you right.
But taking other driver to small claims might be worthwhile too as suggested above.
That won’t happen. The FOS is for issues with your own insider not the other sides insurer. Forget that they are the same company the two claims will be handled by completely different people. But taking other driver to small claims might be worthwhile too as suggested above.
Pegscratch said:
Final notice before action, outlining costs, setting realistic (7 days/14 days) for payment of funds before court proceedings. Send by email, also by recorded post.
MCOL for the total amount.
If you take that route, you've got to direct that to the tp driver, not the insurance company. MCOL for the total amount.
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