Insurance question about a crash.

[rodenal]

Oh I agree, but he'll need to prove what this is actually going to be. Threatening the ombudsman is ok, but you cannot go directly to them without raising a complaint through the third party insurer first and exhausting that avenue although I'm sure they'd give you some advice so it will prologue the process.

Out of interest, how much did you put down for the cars value on your own insurance?

I'm with you on the fact there is a proper route to take and numbers cannot be pulled from thin air, but that was not what your original post suggested

About £7k from memory, but that means absolutely nothing if either they could prove I could buy an equivalent to my car I.e same spec, number of owners, service history and mileage for £6k or if I could prove it was impossible for me to buy one for under £8k.

The insurer absolutely does not only insure to that stated value, regardless of whether they would try to use it against you in a claim. As above market price is all that matters, the very warning they give you when filling out that box states as such. Market price works both ways.

The insurer may well use the totality of that value for every single vehicle they have insured to calculate and predict a required overall level of indemnity, but their business model is not your problem!

I think I put it down for £1000, also I'm not after more than I am losing no matter what happens I've lost the hours I've put into the car and best case scenario I'm going to end up with a fairly stock mx5 which I will need to buy things for to return it to what I had before. Just glad I didn't get my turbo fitted before it happened.

Time is something you'll never be able yo successfully claim back, which you know anyway. Mods only if you have a policy which replaces like for like, not sure how this works on a 3rd party claim

 

[spacedskunk]

I'm with you on the fact there is a proper route to take and numbers cannot be pulled from thin air, but that was not what your original post suggested

My first post was before I realised the OP may have told the other insurer how much they got the car for, on the basis that was said they will have probably used it as a base max payout which throws my original suggestion in dispute.

To the OP all they are bothered about is your monetary loss both for the car and courtesy car plus any potential injury claims. They are running on an indemnity basis, I know it's said a lot but they can't avoid this principle without being in serious regulatory trouble as a motor insurance company and you're going to have to fight your corner to get yourself properly indemnified. It looks like you're on the right track but try not to say too much, claims handlers are trained to cut claims costs, anything you say can be used as a tool for this. If you told them you got the mx-5 for £500 then this was a key part for them to suggest a quick settlement.

 

[InvaderGIR]

My first post was before I realised the OP may have told the other insurer how much they got the car for, on the basis that was said they will have probably used it as a base max payout which throws my original suggestion in dispute.

To the OP all they are bothered about is your monetary loss both for the car and courtesy car plus any potential injury claims. They are running on an indemnity basis, I know it's said a lot but they can't avoid this principle without being in serious regulatory trouble as a motor insurance company and you're going to have to fight your corner to get yourself properly indemnified. It looks like you're on the right track but try not to say too much, claims handlers are trained to cut claims costs, anything you say can be used as a tool for this. If you told them you got the mx-5 for £500 then this was a key part for them to suggest a quick settlement.

As also previously stated though, it's not about the purchase price, he could have been given the car and told them as such. They'd still have to pay out market value to get him back into the situation he was prior to the accident, he shouldn't be made out of pocket in order to replace the car and this is what'll happen if they don't give him market value.

The other more important thing though is that because it's a claim on someone else's insurance the car shouldn't be written off unless it is unsafe to be repaired so it needs properly inspecting not just sending in some photos which aren't able to show what's underneath a bent wing.

With the way the insurance company are being I'd be very tempted to pass it over to an accident management company which should cause the OP less grief and is more likely to get a favourable result.

 

[chris182008]

Okay bit of bad news I phoned the FOS for some advice and its not looking good. I cant complain through them as it is a third party insurance. They are allowed to write my car off under un economical terms. He cannot suggest where to go if I am still unhappy with the settlement. So thats put me on a bit of a downer.

Edit.
Just got off the phone with them and have reached a settlement after sending them adverts you lot suggested for me. I'm getting £1160 and I'm keeping my car so I can swap parts over. So I'm happy with that. Thank you to everyone who helped me with this I would have been stuck trying to repair my car with their initial offer if it wasnt for you lot.

 

[Haggisman]

Success!

 

[acemastr]

Well that just ended fantastically for you! you paid 400, they've given you 1160 and you keep your car!

Great news

 

[chris182008]

Yeah very happy with how it turned out. I finish work on the 14th so can get both cars on the drive and start swapping parts. They are categorizing the write off of my car from the pictures which doesn't seem right though.

 

[Liquidfox]

Yeah very happy with how it turned out. I finish work on the 14th so can get both cars on the drive and start swapping parts. They are categorizing the write off of my car from the pictures which doesn't seem right though.

Not unheard of, Admiral did this with a mate's car and the quote from the garage.

 

[Deleted member 66701]

Well done

You just need to stick to your guns, which you did, and it worked out ok

Out of interest, did you get them to agree to not put a write off marker on your old car? I.e a "payment in payment in lieu of repair". That's what I did with my Cossie - £1500 cheque from the third parties insurer and I got the car repaired myself - it didn't get a cat/write off marker applied to it either.

 

[logicfry]

Okay bit of bad news I phoned the FOS for some advice and its not looking good. I cant complain through them as it is a third party insurance. They are allowed to write my car off under un economical terms. He cannot suggest where to go if I am still unhappy with the settlement. So thats put me on a bit of a downer.

Edit.
Just got off the phone with them and have reached a settlement after sending them adverts you lot suggested for me. I'm getting £1160 and I'm keeping my car so I can swap parts over. So I'm happy with that. Thank you to everyone who helped me with this I would have been stuck trying to repair my car with their initial offer if it wasnt for you lot.

yay great news!
just got an mot fail mk1 mx5 too, amazing little car that got fixed for less than 3 tanks of fuel.

learn from this, fight harder from the off next time.

happy sideways driving

 

[commited]

Great to see it turned out well

 

[~Divine~Wind~]

If they are playing the " we cant give you more than you paid" which I believe elephant tried with me...

Say to them OK, I paid nothing for the car.. it was a gift.

The bloke ont he phone instantly back tracked lol

 

[chris182008]

Well done

You just need to stick to your guns, which you did, and it worked out ok

Out of interest, did you get them to agree to not put a write off marker on your old car? I.e a "payment in payment in lieu of repair". That's what I did with my Cossie - £1500 cheque from the third parties insurer and I got the car repaired myself - it didn't get a cat/write off marker applied to it either.

I didn't ask about the write off marker I just sent in pictures and I'm still awaiting a response. I'm only going to swap parts from it then send it for scrap I think.

yay great news!
just got an mot fail mk1 mx5 too, amazing little car that got fixed for less than 3 tanks of fuel.

learn from this, fight harder from the off next time.

happy sideways driving

Hopefully I won't have to go through it again but I have defiantly learned my lesson and won't just unnecessarily give out information to them.

If they are playing the " we cant give you more than you paid" which I believe elephant tried with me...

Say to them OK, I paid nothing for the car.. it was a gift.

The bloke ont he phone instantly back tracked lol

During the last phone call with them they said it doesn't make a difference what I paid for the car and she doesn't know why the other employee said that. I was just glad to get it settled so didn't ask any more about it though.

I've got a new mx5 now and will start swapping parts over tomorrow. The paintwork isn't great on it though so need to look into fixing that but it's rust free as far as I can tell so it was worth it.