Insurance claim advice needed!

[AledJ]

Bought a second hand car on the 2nd of January (FIAT BRAVA 100 16V SX 5dr Auto Hatchback, 2000/2001 model) On the 9th of january some idiot ( a taxi driver) slammed into the back of my car at a set of traffic lights. I had stopped to allow an ambulance to pass.

Now his insurance company have offered me 990 pounds, but this has only been accepted as an interim offer. I rejected it as the final offer. Now i'm not 100% that my car will pass its mot. It has a cracked bumber on one side, and lift the carpet in the boot and the metal has creased a bit. No idea what other unseen damage is under the bumper. Now I bough the car for 1200 pounds and looking on auto trader and such, found me car for 1250 (or there about). OK they have less mileage (mine when bought was at 70 thou) But should i not be offered more?

That 990 pounds will not buy the car i bought again. The annoying thing is is that none of it is my fault!!!!!! A police officer saw what happened and rebutted the taxi guy when he tried to blame it on me.

Oh i did get repair evaluations for it- 1600 pounds.


Any advice on how to get at least what i paid for the car?

[neonplanet40]

Go to a solicitor and get them to deal with the Insurance company on your behalf.

[AledJ]

Go to a solicitor and get them to deal with the Insurance company on your behalf.

I have!!! Just want to know if there is anything else i can do if the other insurance company turn round and say- no increased offer. Can I just keep refusing the money they have sent as a final offer???

[rs4847]

I have!!! Just want to know if there is anything else i can do if the other insurance company turn round and say- no increased offer. Can I just keep refusing the money they have sent as a final offer???

Did you buy the car from a dealer or private sale?

You can spam them with ads from Autotrader/Exchange & Mart/Fish4Cars etc of cars that are similar age/spec/mileage/SH and pre-accident condition as yours showing what they are priced at and including a letter stating that you will not accept less than what you want.

If they continue to fob you off threaten them with court.

[Saracen]

I have!!! Just want to know if there is anything else i can do if the other insurance company turn round and say- no increased offer. Can I just keep refusing the money they have sent as a final offer???

Beyond what you've done, and are doing, there's not much you can do (that I'm aware of).

You could show the insurance company the adverts you've found for similar cars, and show them adverts for what the amount they offer will buy in your type of car. If, for instance, to but the same make and model at the money they offer means getting an older car, then there's an argument as to why their offer is inadequate. Bear in mind, though, that the price people put in the paper isn't necessarily what they'll take if made an offer.

Ultimately, the insurance is supposed, in an ideal world, to leave you compensated for loss, i.e. no worse off, but no better off. If the insurance company aren't prepared to make you an offer you'll accept, and you aren't prepared to accept an offer they're prepared to make, then it's bound for court.

If it gets to court, then generally courts are sympathetic to the little guy. They'll usually lean in your direction, provided you've been reasonable. So you ideally will be able to show why the offers made are unacceptable, and that you've done all you can to be reasonable.

The downside is that they won't be impressed if they think you're trying it on, but the upside is that if they feel the insurance company is being awkward and unreasonable and have made you drag it through court without good reason, they'll often find ways to make that clear, such as in the nature of the costs and expenses you get awarded. And insurance companies know that.

It's not unknown for insurance companies to try to reduce what they pay out, largely because a lot of people will just take it. They know that if they get reasonably close to fair value, as they have in this case, a lot of people will figure "aw, what the hell, it's not worth the hassle" and accept. If they get someone that won't roll over, they may just increase the offer. The may just play dead, and wait to see if you really will go as far as court. If you do, it's seems pretty unlikely, based on what you've said, that they'll let it get that far.

So some will respond reasonably if you explain why the offer is inadequate. Others will play silly beggars, delay and drag it out. If they don't react to your rejection with an acceptable offer, and do it promptly, you just have to decide if you're up for a fight, and if it's worth the hassle.

[AledJ]

Saracen your advice is gratefully received I should make it clear i'm not out to get loads of money, just what I paid for the car. I have looked around for the car I have in my area, and i think i found one for about 1300 pounds. If the insurance company come back and give me the extra 210 pounds (they have given me 990, which i have taken as an interim offer) then i will be happy. And yes i am prepared to go to court if it comes to that. To me 210 is a large chunk of my weekly wage so loosing that for an accident that was not my faulty is not fair. I will challenge the insurance company to show me where they found my car for 990. I was told they use some value book to judge what they offer.

I'm just hoping that the car will pass an mot!!! If it does (getting it checked next week) then i will keep the car as the damaged to the back is not massive- just cosmetic really. If i find out it will fail an mot then there is no way i will let this rest.

Thanks again!

[schmunk]

i have looked around for the car i have in my area, and i think i found one for about 1300 pounds. If the insurance company come back and give me the extra 210 pounds (they have given me 990, which i have taken as an interim offer)

£310

[AledJ]

£310

I bought the car for 1200 so i'm only asking for the 210

[idlehanz]

Post removed by Admin. Please see post below.

[Saracen]

..... I won't win many favours by saying that, .....

You're quite right, you won't.

What you appear to be suggesting certainly looks like advocating insurance fraud, and we won't tolerate that on these forums.

If you care to PM me with a re-worded post that clearly doesn't do that, I'll replace this message. Otherwise, please be warned, that kind of post will result in your account being removed if it recurs.

[Zak33]

I should make it clear i'm not out to get loads of money, just what I paid for the car.

I agree that you should get market value, but not necesarily what you paid for it.

Imagine a bloke pays £30,000 for a car worth £100. He shouldn't get £30,000 back if its smacked up. He gets £100 cos that's its value.

In your case, I think you're doing the right thing though, building a portfolio of cars that were similar, with similar prices.

Just bear in mind that a car in Autotrader at £1200 is normally buyable for less though.... and the insurance company knows that!

[AledJ]

I agree that you should get market value, but not necesarily what you paid for it.

Imagine a bloke pays £30,000 for a car worth £100. He shouldn't get £30,000 back if its smacked up. He gets £100 cos that's its value.

In your case, I think you're doing the right thing though, building a portfolio of cars that were similar, with similar prices.

Just bear in mind that a car in Autotrader at £1200 is normally buyable for less though.... and the insurance company knows that!

When i bought my car it was worth 1200 pounds. I know this as i checked with other dealers to make sure i was paying the right price. Look at it form my point of view-

This accident was not my fault (i have a police officers statement to that effect). Why should i be cheated out of money for someone else's fault? He hit me!!! Now i have no idea where this insurance company thinks I will get my car again for 990 pounds!! As i understand they just look in a valuation book and there you go. But that has no bearing on reality. I will keep on at them until they either pay me the 210 pounds (to make 1200) OR show me an advert that has my car for the price they first offered me. It not right i should take a financial hit for some idiots mistake.

Don't take that as being against you, just pissed off with ti all. It was a new car for me (bought second hand) and 9 days its hit.

idlehanz: i didn't see you post but i would like to make it clear i would not consider any insurance fraud (or fraud for that matter) I could have claimed for an injured neck but didn't as it would be wrong. I'm not out to make money just to recoup my loss.


Keeping my fingers crossed that an mot inspection will clear my car for pass.

[idlehanz]

Hi, wasn't suggesting fraud at all. That is a big no no. But I should have asked if you'd had any personal injury.

My wording wasn't perhaps so good that's why it was removed.

My point was the personal injury claims are sort of fround upon, by many, and the time of an accident most people are in shock and injury pain etc can come later days or weeks. As it did for me.

From my own personal case I had some neck pain afterwards then some issues with my wrist for quite some time after, painful to use a mouse. Made working very unformortable and difficult afterward.

My point is really that if someone has done this to you, and you have been injured as a result, you are entitled to make an injury claim and there really is nothing wrong with that, even if it's not considered the status quo!!
These things can and often do effect you later in life, I recently had to have a steroid injection in my wrist which was injured 3 years which I can't really attribute to anything else, but equally it could be co-incidental. Even now its not quite as good as it was before the accident.

I did both car an injury claim, which was suggested by informal advice from the Police at the time.

The flip side is with all these 'No win no fee' companies the number of personal injury claims going to court has actually gone down. Simply because the one's that would have failed in court and cost the claimant, are rejected quickly by these sorts of companies. You know the type 'bloke walking towards screen @ 45 degree angle!!' lol.

[badass]

I agree that you should get market value, but not necesarily what you paid for it.

Imagine a bloke pays £30,000 for a car worth £100. He shouldn't get £30,000 back if its smacked up. He gets £100 cos that's its value.

In your case, I think you're doing the right thing though, building a portfolio of cars that were similar, with similar prices.

Just bear in mind that a car in Autotrader at £1200 is normally buyable for less though.... and the insurance company knows that!

On the flip side, don't quote private sale prices. Quote dealer prices. The loss suffered isn't just the market value of the car, there's things like warranties, and the hassle of buying another car.