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Car accident - left Mom severly out of pocket
My Mom was hit a couple of weeks ago from behind as she was turning into her drive by a lady driving a brand new top of the range sports car, the lady admitted she was "not concentrating at all". Moms 4x4 was a complete right off, it was her pride and joy and she had looked after it for eleven years. The insurance has given her market value price which is just a couple of hundred pounds, I appreciate this is all it is worth, but now my Mom can not afford another car and will not be able to for years and is relying on us to help her to get to work etc. Does anyone know of any loop holes or clause that could help her, because it seems grossly unfair to me that somebody else caused her to lose her car and she is now left with nothing.
Any advice would be greatly appreciated, thank you,xx
Any advice would be greatly appreciated, thank you,xx
Answers
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Your mother was under no obligation to accept the insurance company offer (whether book value or not). She should have found similar vehicles (model/age/condition) for sale locally, and asked for an amount that would allow her to purchase a replacement.
She cannot now go back to the insurance company asking for more � having accepted their offer.
She cannot now go back to the insurance company asking for more � having accepted their offer.
Thanks Hymie, she did say this to the Insurance Company and they said they would send her the cheque for the small amount and she was to pursue getting further money from the Ombudsman. She insisted that it was not enough and she would be financially out of pocket, the insurance company said if that was the case they would send the cheque and she should destroy it!!!!!!!
And her chances of success would be virtually nil.
Insurers rely heavily on "book" valuations when dealing with write-offs. This has occasionally been challenged in court and, as far as I am aware, always failed.
It is indeed most unfair. Almost everybody who suffers a vehicle write-off ends up worse off as it always costs them far more to replace their vehicle, even if they want one of the same age and condition as the one lost.
The so-called "book" needs to be looked at as it does not reflect what one can expect to pay for a similar replacement vehicle.
Insurers rely heavily on "book" valuations when dealing with write-offs. This has occasionally been challenged in court and, as far as I am aware, always failed.
It is indeed most unfair. Almost everybody who suffers a vehicle write-off ends up worse off as it always costs them far more to replace their vehicle, even if they want one of the same age and condition as the one lost.
The so-called "book" needs to be looked at as it does not reflect what one can expect to pay for a similar replacement vehicle.
-- answer removed --
The assessor who carried out the report deemed it as a complete right off, it was in a right state. Despite suffering shock, my Mom did not experience whip lash.
I definitely think the book value assesment is unfair, I appreciate that there is not the time to asses every case on all of its circumstances, but it does seem the victim is always left out of pocket, which makes you question the ever rising cost of insurance!
I definitely think the book value assesment is unfair, I appreciate that there is not the time to asses every case on all of its circumstances, but it does seem the victim is always left out of pocket, which makes you question the ever rising cost of insurance!
I have to watch what i say on this but here goes, Whip lash can be delayed I hope in your case your mother has not said she is fully OK, & fit & has no problems! As said, regards your car look else where for a model of the same, regards her inconvenience regards getting to work, I would contact your Insurance as they are fighting I presume your case & state that a car in needed because of inconvenience in public transport etc I would also state that the other driver has put your mother under that much distress that she had to be off work ( Get Certs to prove this) Start assessing your items in the 4X4 did she have a �200 CD player in the 4X4? do you see the direction I am going in? you have to be one-step-ahead on the Insures I'm sorry to say they are a bunch of robbing BSDS. I would definitely not accept their offer & seek further advice.
I would disagree with what New Judge says; if the other party has admitted liability, there is nothing stopping you bringing a case before a small claims court. Armed with evidence of how much it would cost to replace your vehicle from local suppliers, would trump any so called book value (since you had shown to the court that a replacement could not be purchased for the price written on a piece of paper). Having accepted the insurance company payout - this option is no longer available to your mother.
I don�t understand your statement that your mother was advised to pursue getting further money from the ombudsman. The ombudsman does not give out money, only investigate complaints in relation to insurance.
Given that the insurance company appear to be a bunch of sh!ts, to my mind, would increase the likelihood of delayed whiplash.
I don�t understand your statement that your mother was advised to pursue getting further money from the ombudsman. The ombudsman does not give out money, only investigate complaints in relation to insurance.
Given that the insurance company appear to be a bunch of sh!ts, to my mind, would increase the likelihood of delayed whiplash.
(2-part post):
Anyone who suffers loss from the deliberate, reckless or negligent actions of another person has the right to seek compensation from that person. That has absolutely nothing to do with insurance; it's a basic right under civil law.
If the driver of the sports car had made a mistake when insuring her car, and subsequently found herself to be uninsured, your mother would have been able to claim the full amount of her losses directly from the other driver (including 'consequential losses', such as having to hire a car or paying public transport costs while she was without a car of her own). The fact that the driver of the sports car had insurance to cover some of those losses (which was presumably paid to your mother via her own insurer) doesn't negate her liability to ensure that your mother should receive full compensation.
Anyone who suffers loss from the deliberate, reckless or negligent actions of another person has the right to seek compensation from that person. That has absolutely nothing to do with insurance; it's a basic right under civil law.
If the driver of the sports car had made a mistake when insuring her car, and subsequently found herself to be uninsured, your mother would have been able to claim the full amount of her losses directly from the other driver (including 'consequential losses', such as having to hire a car or paying public transport costs while she was without a car of her own). The fact that the driver of the sports car had insurance to cover some of those losses (which was presumably paid to your mother via her own insurer) doesn't negate her liability to ensure that your mother should receive full compensation.
If your mother took out 'legal expenses' cover, on top of her basic premium, she should contact the insurer to get them to pursue her claim against the other driver. (NB: Although your mother might have paid a 'combined policy'' price to get legal expenses insurance added to her car policy, the actual insurer will almost certainly be a different company to the one that the car was insured with. She should check the documentation).
If your mother did not have 'legal expenses' cover, she can still pursue a claim against the other driver. She should list all of her losses (e.g. "expected cost of replacement vehicle minus insurance payout received", "public transport costs", etc). She should then send the other driver a formal letter, outlining those costs and demanding payment within a reasonable period (of, say, 28 days). The letter should also indicate that, if payment isn't received by the relevant date, your mother will pursue the matter through court action.
If no payment is received from the other driver, your mother should initiate court action:
http://www.hmcourts-service.gov.uk/infoabout/c laims/index.htm
Chris
If your mother did not have 'legal expenses' cover, she can still pursue a claim against the other driver. She should list all of her losses (e.g. "expected cost of replacement vehicle minus insurance payout received", "public transport costs", etc). She should then send the other driver a formal letter, outlining those costs and demanding payment within a reasonable period (of, say, 28 days). The letter should also indicate that, if payment isn't received by the relevant date, your mother will pursue the matter through court action.
If no payment is received from the other driver, your mother should initiate court action:
http://www.hmcourts-service.gov.uk/infoabout/c laims/index.htm
Chris
Your mother's insurance company is contractually obliged to indemnify her. Indemnity means placing her in the same position after the loss as she enjoyed before the loss.
In a write-off situation they have two choices - (1) replace the car (this right is only exercised with vehicles which are under 1 year old) and (2) provide a sum of money to enable a replacement vehicle to be purchased.
In addition to taking into account the condition of the vehicle they will use guides such as Glass's and CAP. If your mother feels the offer is too low (and please remember that people often think their car is worth more than it actually is) your mother should obtain evidence, using PRIVATE sale ads, to demonstrate that cars like hers are selling privately for �xxx. Do not bother getting prices from forecourts - your insurance does not cover a dealer's profit (why should it).
Whether the Guides are right or wrong is a moot point - but given that the whole insurance industry uses them, the whole motor trade industry uses them, the whole motoring journalist industry uses them, I would suggest that they are probably right about the value.
All other out of pocket expenses have nothing to do with your mother's insurance company - they are uninsured losses and should be directed to the insurance company of the other driver.
They include;
Your mother's excess.
Taxi fares etc...
Hire car costs.
Injury
The difference between the amount offered by your mother's insurance company and what she thinks her car is worth is not a valid claim.
You can only involve the FOS once you have followed the complaints procedure laid down in the policy.
FOS decisions are binding on insurers, so if your mother is successful, her insurance company will pay.
In a write-off situation they have two choices - (1) replace the car (this right is only exercised with vehicles which are under 1 year old) and (2) provide a sum of money to enable a replacement vehicle to be purchased.
In addition to taking into account the condition of the vehicle they will use guides such as Glass's and CAP. If your mother feels the offer is too low (and please remember that people often think their car is worth more than it actually is) your mother should obtain evidence, using PRIVATE sale ads, to demonstrate that cars like hers are selling privately for �xxx. Do not bother getting prices from forecourts - your insurance does not cover a dealer's profit (why should it).
Whether the Guides are right or wrong is a moot point - but given that the whole insurance industry uses them, the whole motor trade industry uses them, the whole motoring journalist industry uses them, I would suggest that they are probably right about the value.
All other out of pocket expenses have nothing to do with your mother's insurance company - they are uninsured losses and should be directed to the insurance company of the other driver.
They include;
Your mother's excess.
Taxi fares etc...
Hire car costs.
Injury
The difference between the amount offered by your mother's insurance company and what she thinks her car is worth is not a valid claim.
You can only involve the FOS once you have followed the complaints procedure laid down in the policy.
FOS decisions are binding on insurers, so if your mother is successful, her insurance company will pay.
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