Bought an old BMW M3, filled with regret...

[TW]Fox;28977468 said:
Hang on a minute - this is a third party claim. He isn't claiming on his own policy.

He's asking for a £7000 repair on a £10500 car.

This doesn't seem unreasonable, am I wrong in thinking he has additional rights to insist it isn't written off? There is just £500 between the insurers 'max offer' and the BMW bodyshops lowest quote.

Does the insurance company really get this much say in whether they accept the £7000? The repair cost is reasonable, he is an innocent third party - a negligent motorist, for whom they provide third party risk cover, has caused £7000 of damage to his car. It seems right and proper and they cover this £7000 cost.

I wonder what a court would say?

Maybe throw a post up in the PH Speed/Plod/Law forum. Be breif and stick with the facts.

a) Your car has been valued at £10500 by the insurance appointed valuation agent
b) Your preferred choice of bodyshop has provided a reasonable quotation of £7000 to repair the car
c) The negligent third parties insurer is refusing this reasonable quote and insisting on writing off the car

People who are more legally informed may be able to offer advice.

You've got time to pause over the Christmas period now. Spend this time to make sure you know exactly what your rights are. If you accept Cat D and keep the car you WILL end up worse off in my view.

I actually do remember reading something along the lines of a 3rd party's insurance company couldn't force you to accept the car being written off unless the repair cost was excessive (like £12k repair on a £10.5k car). £7k repair costs on a £10.5k are certainly 'reasonable' so I think you are onto something here.

Mrk should be able to insist the car isn't written off and then Admiral will have to get it sorted.
 
The repair costs are lower than the value of the car minus the salvage value as well. And the BMW dealer offered a loan car so no further hire car charges.

The refusal to meet the cost seems odd the more you think about it.

Paying BMW costs them £7000. Paying you and allowing buyback costs them £7650

:confused:
 
That's just the amount for the repair estimate Fox, Admiral also factored in the hire car costs to date. I don't know how much they were paying for the E class for the few days I had that, but the jeep has cost them £466 so far according to Admiral. They also said they warranty any repair work they pay for for 5 years - That was also a factor into their valuation costs.

I don't know how much power they have either but with the above in mind it didn't immediately come to mind as odd unless I'm missing something?
 
That's just the amount for the repair estimate Fox, Admiral also factored in the hire car costs to date.

Hire car costs to date are sunk costs and as such are irrelevant to any calculations about which option to take.

They also said they warranty any repair work they pay for for 5 years - That was also a factor into their valuation costs.

BMW warrant the repair for the time you own the car.

I don't know how much power they have either but with the above in mind it didn't immediately come to mind as odd unless I'm missing something?

You need to seek advice from people who are seriously clued in insurance law before you make a decision.
 
I think Fox is onto something here, I know you've probably had enough and just want a resolution now but I'd seriously look at getting some proper insurance advice as Fox says.
 
To date. BMW won't cover any costs for the insurer, BMW just offered their courtesy car due to the fact that the exhaust not being in stock for 3 months.

So it boils down to this.

1: Car is written off as Cat D and valued at £10500. It has no chassis damage, no axle damage, no alignment damage, no subframe damage. All confirmed by BMW who quoted it as "an easy repair".
2: I buy it back leaving me with £7610.

And either:

3a: I get it repaired to OE standard at my local bodyshop guy using genuine parts, it comes back better than it was before the accident.
or
3b: Break the car for parts which will net considerably more and buy something else.

You guys know how I feel about 3b already.
 
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What did you pay for your car? 13k? The moment you take Cat D that's going to bomb to 8k easily. No way I'd be happy with that. You really should be doing everything possible to avoid Cat D - check the £500 contribution before making a decision.
 
The car has already left BMW and come back here, so the recovery cost now would be on me. So what's that these days, £150/£200? It's a 40 ish mile trip each way! To be honest this has been a major headache for the past month and as above, I just want my car back and repaired to my satisfaction without all the headache.
 
Biggest downside is the cat d marker. If £500 could have helped you avoid it then that would be the best option. It could Help you not lose a vast amount of money in the future.
 
I shall seek out advice!

Admiral lines next open on the 29th, so if by then it turns out what they're saying is reasonable, then fair enough. Otherwise you can bet I'll be kicking up a fuss.

Edit*
I posted this thread: http://www.pistonheads.com/gassing/topic.asp?t=1562633&i=999999

Edit2*
See, I told you guys the system isn't fair!

He's an expert as well so he's probably right but the story you told in that thread is somewhat different to the one you've told here. You didn't mention that the £7k quote included a courtesy car which is what you implied here.

The inclusive courtesy car changes everything because it stops the hire costs which are probably what pushes the cost over the edge.

So, did the £7k include a car or not?
 
So 20 days further hire for example is probably going to cost them around a grand, which tips it over the value of the car minus the salvage value.
 
Seriously a bummed out situation for sure.

Still waiting on Housey's mate's M3 details btw. If it's just right, then the option to break my car would a sound choice.
 
Would you taking the hit and hiring a car for duration allow them to get it in under cost? Hire costs would be less than your losses trying to sell a Cat d.
 
He may as well Just kill if off completely next time or now, if there is no value in it anymore


Mrk with a Cat D marker you make it 100x harder to ever get decent money for the car again.

Instantly anybody looking for a good M3 (and with good money to pay for one, like yourself) will ignore it. It doesn't matter if it's the best ever M3 in super mega mint condition - nobody will even bother to phone and look at it.

You basically limit yourself to selling it for bottom of the barrel money, to bottom of the barrel buyers (think "I've got £4k cash now m8, it's been in a smash take the money bro" type people).

I know you are thinking about keeping it for years and that's all wonderful but things do change. You might decide you are not happy with it after the repair, you might be offered something better in a years time, you might need a different type of car etc... the list is endless.

By all means take the Cat D and money, but in my mind as soon as that happens the value of your M3 will never be more than the cheapest one you can see on AT. It massively limits how easy it is to change into a different car at a later date.
 
Seriously a bummed out situation for sure.

Still waiting on Housey's mate's M3 details btw. If it's just right, then the option to break my car would a sound choice.

Sorry forgot, just sent a message to the seller, will post up when/if he says ok. Mileage might be too high as it's 89K but it has some tasteful (read quality) and subtle mods which I think add to it.
 
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