RTA Compensation

[stichill99]

I have been the victim of a no fault accident where the other party has been charged with dangerous driving. My insurer told me to claim my £500 excess as part of my personal injury claim along with compensation for my 4 broken ribs and punctured lung.
My car was on agreed value insurance but I had bought a set of BBS E99 rims which I put on for car shows. I had informed my insurer that I had a set which I changed around. Purely because you are meant to tell insurer about any modification. As I was going to Porsches in the Glen the next day I put on the bbs rims just before the accident. Do you think I can claim the cost of a new set of rims as part of my claim.
The other point I am wondering about is with my insurer I needed to get my car valued every 2 years and I was one year into the period. I read in Total 911 magazine in an interview with car dealer who said 993's had gone up in value by 10% in the last year. Do you think I could claim 10% of the agreed value of the other drivers insurance company?

[Trax]

I doubt it really matters about values/wheels etc, whilst you might be claiming via your own policy, this is a non-fault accident. The claim is for the value of the car they caused to be written off, not what you insured it for.

[stichill99]

I had an agreed value on the car but I have been told you should be compensated for any loss which I see the loss of the wheels as a loss, as I had not taken out a specific extra insurance on the wheels.

[MustangGT]

stichill99 said:

I had an agreed value on the car but I have been told you should be compensated for any loss which I see the loss of the wheels as a loss, as I had not taken out a specific extra insurance on the wheels.

You had an agreed value with your insurance company, you are claiming from the 3rd party insurer, not your own. Get some written valuations from experts, to include the wheels and that is what you claim. As far as your excess, this is also part of the 3rd party claim since it is not against your insurance company.

[davek_964]

MustangGT said:

stichill99 said:

I had an agreed value on the car but I have been told you should be compensated for any loss which I see the loss of the wheels as a loss, as I had not taken out a specific extra insurance on the wheels.

You had an agreed value with your insurance company, you are claiming from the 3rd party insurer, not your own. Get some written valuations from experts, to include the wheels and that is what you claim. As far as your excess, this is also part of the 3rd party claim since it is not against your insurance company.

I thought that agreed value meant that you had to claim from your insurers and they would then claim from the third party. After all, their insurers didn't agree any value.

I also don't think you can have an agreed value policy and then claim 'it's worth more now'.

And I'm dubious you can claim for wheels when you admit you didn't pay a premium for them. Even if you told the insurer, did you discuss the increased value?

[Tribal Chestnut]

I’d try claiming for the lot.

[KungFuPanda]

Who are you claiming from? Your own insurer or the third party insurer?

[MustangGT]

davek_964 said:

I thought that agreed value meant that you had to claim from your insurers and they would then claim from the third party. After all, their insurers didn't agree any value.

I also don't think you can have an agreed value policy and then claim 'it's worth more now'.

And I'm dubious you can claim for wheels when you admit you didn't pay a premium for them. Even if you told the insurer, did you discuss the increased value?

No, it is an agreed value if your insurer has to pay out for a total loss (edited to add) if claiming against your insurer.

Edited by MustangGT on Tuesday 20th June 08:38

[stichill99]

The personal injury claim and loss of earnings will be claimed from the 3rd party's insurance provider. I would just like them to make good my other losses as I see. it

[OutInTheShed]

stichill99 said:

I have been the victim of a no fault accident where the other party has been charged with dangerous driving. My insurer told me to claim my £500 excess as part of my personal injury claim along with compensation for my 4 broken ribs and punctured lung.
My car was on agreed value insurance but I had bought a set of BBS E99 rims which I put on for car shows. I had informed my insurer that I had a set which I changed around. Purely because you are meant to tell insurer about any modification. As I was going to Porsches in the Glen the next day I put on the bbs rims just before the accident. Do you think I can claim the cost of a new set of rims as part of my claim.
The other point I am wondering about is with my insurer I needed to get my car valued every 2 years and I was one year into the period. I read in Total 911 magazine in an interview with car dealer who said 993's had gone up in value by 10% in the last year. Do you think I could claim 10% of the agreed value of the other drivers insurance company?

Your health is the main thing!

If you are talking to the other party's insurer, try to present a fair, coherent claim, backed up with market data, quotes for replacements, well presented documentation of money lost due to time off work etc etc.

Insurers will often be keen to settle for a fair figure, but injury stuff can take a long time to conclude, because you don't know the long term effects immediately.

The other thing is, be clear about keeping the damaged vehicle or not, I made a settlement with the other party on the basis of keeping the remains, which I later ebay'd parts of. I was considering rebuilding it, but decided not to. My claim included bike, was worth x, now worth y as a project, you owe me the difference please.

[KungFuPanda]

stichill99 said:

The personal injury claim and loss of earnings will be claimed from the 3rd party's insurance provider. I would just like them to make good my other losses as I see. it

I can't comprehend what your point is relating to the wheels. Were they damaged as a result of the accident? If they were, you'll be able to make a claim for the refurb or replacement of them.

[stichill99]

My point was I notified my insurer I sometimes swapped wheels but I had never changed my agreed value on the car to compensate for the more valuable bbs wheels. As they were on the car when accident took place I would like to claim the value of the bbs wheels. If they had been in the garage and the standard wheels were on the car it would not have been an issue!

[Rough101]

Why are you eating into your own insurers coffers at all, was the guilty driver not insured and therefore responsible for all of your loss, including the market value of your car as it was including extras, excess and injury?

Or was your agreed value with your own insurer higher than market value? Surely your valuation would assist in this if a rare car.

[BertBert]

how are you making your personal injury claim?

The things that you are claiming via your insurer are governed by your agreement with them.

So total loss of car = agreed value, wheels or no wheels (regardless of fault, third party recovery etc)
Personal injury = whatever your policy says
Excess = whatever your policy says (probably that you get it if the third party insurance pays your insurer)

If you then wish to make claims for other losses from the third party through whatever means, you can attempt them. If your wheels are not covered by your insurance, then you can try to claim that loss from the other party. If your £1m Rolex was destroyed in the crash then you can claim that from the third party too. Unless your own policy provides cover for them you have to claim out side of your car insurance policy (DIY or lawyers etc). The success of the claim will be determined on its merits, not by the contract between you and your insurance company.

[KungFuPanda]

stichill99 said:

My point was I notified my insurer I sometimes swapped wheels but I had never changed my agreed value on the car to compensate for the more valuable bbs wheels. As they were on the car when accident took place I would like to claim the value of the bbs wheels. If they had been in the garage and the standard wheels were on the car it would not have been an issue!

Is the car a write off?

If not, were any of the wheels damaged?

Edited by KungFuPanda on Tuesday 20th June 12:46

[BertBert]

KungFuPanda said:

Is the car a write off?

If not, we’re any of the wheels damaged?

Presumably the wheels are lost or buggered if the poster wants to claim recompense for them?

[stichill99]

I may not have been very clear but will try to make some sense. I have been paid out the agreed value from my insurer. My car got valued every 2 years and I am half way through the valuation period. I did not realise values had risen so much in the last year so I was wanting to claim off the idiot that ran into me's insurance company the increase in value of my car over the last year. The car is a total loss. I also wanted to claim the replacement cost of a set of bbs wheels. My insurer told me to claim back the £500 excess from guilty party as part of my personal injury and damages claim against him .
Does that make more sense as I seem to have been confusing some!

[stichill99]

The wheels were completely buggered!

[Sebring440]

stichill99 said:

I may not have been very clear but will try to make some sense. I have been paid out the agreed value from my insurer. My car got valued every 2 years and I am half way through the valuation period. I did not realise values had risen so much in the last year so I was wanting to claim off the idiot that ran into me's insurance company the increase in value of my car over the last year. The car is a total loss. I also wanted to claim the replacement cost of a set of bbs wheels. My insurer told me to claim back the £500 excess from guilty party as part of my personal injury and damages claim against him .

You've been paid the agreed value. That's fine, it was "agreed". Have prices really risen "so much" in the past year? Not the case with most cars.

I'm surprised that your insurer expects you to claim the excess back from the "guilty party", as once it has been established that you were not at fault, your own insurer would normally refund the excess.

stichill99 said:

I notified my insurer I sometimes swapped wheels but I had never changed my agreed value on the car to compensate for the more valuable bbs wheels

I think it's very unlikely that you will be compensated for these wheels, especially as your own insurer has paid you the agreed value.

[BertBert]

How are you making the injury/damages claim?

I theory you can lump other (direct) losses into that claim. But that does depend on who is doing the claim/legal work for you and what they have agreed to do.