Insurance question about a crash.

Thats crazy. I feel for you because you have just reacted in a naive manner without much thought. However you really need to retract that acceptance and wait for a reasonable result.

Poor dude :(
 
I work for an insurance company although I don't deal with claims handling I've been there long enough to get my fair share of experience.

My advice is really a reiteration of what has been said above and that is to slow down, the idea of insurance is to indemnify you - put you back in the same financial situation before the accident happened - make sure you're comfortable with the outcome, after all this accident wasn't your fault. If you need the car for work/family get them to organise a courtesy car.

As a general rule of thumb if the repair bill is more than 60% of the vehicles value then it's a write off, older cars I've seen the write off bracket be as low as 30% of the value. I can see this has a high chance of being a write off. You're going to need to gather information on what it would cost to indemnify you, see what the cost is on reputable traders, don't settle for a private seller. The insurer will try to avoid using third parties to get this information as they cost a fair bit but this isn't your problem, it's what insurance is for so don't let them make you feel like the bad guy.
 
Tell them you didn't understand the offer and where infact still in shock from the accident

The other guy probably pays 350 excess and his insurance Company are genius! You should not be left out of pocket by this other persons mistake!
 
I had similar when I crashed mine, was offered £500 on the phone then and there which I rejected. Held out for more and got £1200 in the end, MX5 as well. Bought the car back for £100 and so was quids in.
 
Firstly thank you all for the advice. Just got off the phone with them again. They are now supplying a courtesy car while we get it sorted though they didnt seem to want to and offered me the 350 again and said they wouldnt supply one. I refused then it went to 400 as I mentioned on the phone that I paid that for it a year and a half ago. They are claiming that is the most they can offer otherwise I would be in a better financial situation. I've tried explaining that it was in an un road worthy condition when I bought it and I've spent the last year and a half restoring it but she claims that doesnt make a difference to the vehicles worth. She did look on auto trader while I was on the phone and admitted the cheapest one on there is £1000. She asked if I could list all the work that I have done to the car so I need to sort that out today and they will phone me back tonight but I feel like I'm going to struggle getting any more for the car.

thecremeegg said:
I had similar when I crashed mine, was offered £500 on the phone then and there which I rejected. Held out for more and got £1200 in the end, MX5 as well. Bought the car back for £100 and so was quids in.
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How did you go about buying the car back? Wouldnt mind doing that to salvage the wideband and a few other bits.
 
Just cos you paid a low amount for it doesn't mean its only that amount to replace.

You're not asking for a brand spanking new one, but a roadworthy, serviced, MOTd MX5 of similar age and mileage. How much that turns out to be is their problem not yours.
 
Sounds like an awful company to deal with and the amount you paid should have absolutely no bearing on what they offer as it's all about how much it costs to put you back in the position you were before the accident.
You could have been given the car free, it would still cost you at least £1k to replace but find AT/PH/Owners Club Classifieds of cars in similar condition to yours (prior to the accident) showing the amount it would cost you to be back in the same car. Take screen shots, print them off etc. build up a collection of adverts to really enforce the point of the true value of the car.
 
FYI, a third parties insurance cannot write your car off as uneconomical to repair. The only instance where it can be written off by a third party insurers is if it's unsafe to repair.

Your entitled to be restored to the position you were in prior to the third parties negligence. If that means a £1500 repair is required in order to fix your £500 car then so be it.

I had a Sierra valued at £1k that needed £2k of repairs to fix after a taxi driver pulled out in front of me. I had to fight the third parties insurance company for it but after involving the Ombudsman it all came through in the end - just be prepared for a fight.
 
amigafan2003 said:
The only instance where it can be written off by a third party insurers is if it's unsafe to repair.
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Is it actually possible to cave in the wing, dent the door, buckle the wheel and more on an MX5 without it ending up Cat B?

Not being rude about the car but their hardly substantial, if the wings caved what's it like behind the wing?
 
ubersonic said:
Is it actually possible to cave in the wing, dent the door, buckle the wheel and more on an MX5 without it ending up Cat B?

Not being rude about the car but their hardly substantial, if the wings caved what's it like behind the wing?
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I doubt any of those would be enough to damage the monocoque or crash structure to result in a cat b, not at the speeds talked about in this topic anyway.
 
ubersonic said:
Is it actually possible to cave in the wing, dent the door, buckle the wheel and more on an MX5 without it ending up Cat B?

Not being rude about the car but their hardly substantial, if the wings caved what's it like behind the wing?
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I don't know for sure I havn't looked behind it yet but the steering is defiantly not safe. I got a phone call from the handler saying they wont be able to phone me this evening to discuss what I've done to the car to make it worth more than 400 but she will ring me tomorrow. I'll ask them then if I got the car for free would they pay out at all.
 
chris182008 said:
I don't know for sure I havn't looked behind it yet but the steering is defiantly not safe. I got a phone call from the handler saying they wont be able to phone me this evening to discuss what I've done to the car to make it worth more than 400 but she will ring me tomorrow. I'll ask them then if I got the car for free would they pay out at all.
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You don't need to ask that at all, you need to tell them to put you back into the position you were in before, either by repairing your current vehicle or if you'd rather a payout, then enough money to buy one of similar condition to it the instant prior to the accident.
 
InvaderGIR said:
You don't need to ask that at all, you need to tell them to put you back into the position you were in before, either by repairing your current vehicle or if you'd rather a payout, then enough money to buy one of similar condition to it the instant prior to the accident.
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Exactly this. Don't get pressured by them into accepting less than what you are rightfully entitled to. It is their job to put you back to the same position you were in, most insurance companies try to fob claimants off which in the grand scheme of things is exceptionally immorale and is likely borderline illegal.

You don't need to provide any proof of work you have done, or even justify it to them. It is their job to put you right, not yours.
 
InvaderGIR said:
You don't need to ask that at all, you need to tell them to put you back into the position you were in before, either by repairing your current vehicle or if you'd rather a payout, then enough money to buy one of similar condition to it the instant prior to the accident.
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I've tried to tell them that. I said you can get it into a repair shop and fix it or give me enough to get a car in a similar condition to mine before the accident and they insisted 400 is the max they will give me and its not worth repairing. She said her manager is sat next to her and he would say the same thing. I'll see how tomorrow goes. On the plus side I'm getting picked up for the courtesy car at 3 today so at least I'm back on the road.
 
In which case, next time, repeat that they should be putting you back in the same situation as prior to the accident and that you'll be contacting the ombudsman ( http://www.financial-ombudsman.org.uk/publications/technical_notes/motor-insurance.html ) which should rapidly change their take on it.

issues that arise during the settlement of claims - once the insurer has accepted that a claim is covered under the policy
for example - complaints that the insurer says the vehicle is worth less than the policyholder expects;
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This situation you're in is a perfect example of what they are not meant to be doing.

E:

http://www.financial-ombudsman.org....an-news/66/66-vehicle_valuation_disputes.html

We regularly deal with complaints from people who believe that their insurer has not properly valued their car or motorbike. The problem usually arises after a vehicle has been so badly damaged in an accident that the insurer decides it is a "total loss" (popularly known as a "write-off") and not worth repairing.

In these circumstances, the policyholder is entitled to receive an amount equal to the vehicle's market value immediately before it was damaged - and the insurer should offer this amount straightaway.

These case studies are based on disputes we have dealt with recently. They illustrate some of the issues that can arise after a vehicle has been declared a total loss - as well as showing how we assess whether or not a disputed valuation was correct.
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Whilst that says policyholder, the principle is the same for a third party claimant (ie you claiming off the person that crashed into you).
 
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InvaderGIR said:
In which case, next time, repeat that they should be putting you back in the same situation as prior to the accident and that you'll be contacting the ombudsman ( http://www.financial-ombudsman.org.uk/publications/technical_notes/motor-insurance.html ) which should rapidly change their take on it.



This situation you're in is a perfect example of what they are not meant to be doing.

E:

http://www.financial-ombudsman.org....an-news/66/66-vehicle_valuation_disputes.html



Whilst that says policyholder, the principle is the same for a third party claimant (ie you claiming off the person that crashed into you).
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Thank you for this I'll tell them tomorrow. It is pretty much the situation I'm in. Hopefully they will change their mind about only offering 400 after the ombudsman is involved.
 
You're divulging too much information, they don't need to know how much you paid for it, you need to find similar mX5's in the area and print off a bunch of them, this is the price you'll settle for/want your vehicle repaired.

Every phone call is recorded so seriously, stop and think about what you say, don't let them pressure you or bug you. Every phone call I get from all 4 insurance companies involved is "Are you injured?" you just have to ignore it and get your vehicle repaired, same for this, you won't accept 400 as it's pathetic, with print outs you can state it is worth this much.
 
I cant believe you told them how much you paid for the car. Dude stop telling them so much stuff!

tell them you need to be back in the position you were prior to the crash. Simple!

you sound too soft for your own good.
 
acemastr said:
You're divulging too much information, they don't need to know how much you paid for it, you need to find similar mX5's in the area and print off a bunch of them, this is the price you'll settle for/want your vehicle repaired.

Every phone call is recorded so seriously, stop and think about what you say, don't let them pressure you or bug you. Every phone call I get from all 4 insurance companies involved is "Are you injured?" you just have to ignore it and get your vehicle repaired, same for this, you won't accept 400 as it's pathetic, with print outs you can state it is worth this much.
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I'll find some more cars similar to mine online but seeing as they have already looked at auto trader and seen all mx5s cost more than the 400 they are offering and they still wont offer more I can't see it helping. They have acknowledged a replacement mx5 costs more than 400 and I have the recording of them admitting that but they still wont offer more.
 
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