Things John said
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It must all be true though, it's on t'internet.
Some pretty poor advice all round going on there0 -
OnanTheBarbarian wrote: »It must all be true though, it's on t'internet.
Some pretty poor advice all round going on there
He was the source for you can insist a third parties Insurer has to repair your car irrespective of cost (Although he's changed his mind on that now). The people who quote that on the net tend to have sourced it from him and assume it's correct as he has a website and a column in the telegraph0 -
Erm...He seems to have reverted to telling people they're legally entitled to demand the third party provide a like for like replacement vehicle.
Question
"Garage mechanic crashed my car
A garage crashed my car which is now written off. The driver was negligent and has been charged. Their insurers are now offering market value for the car I have paid for for last 3 years with still another year to pay so basically I am walking away with 400 quid once finance is cleared. Am I entitled to compensation?"
Answer
"Take the garage to court demanding a like for like car. This is not a question of what the garage insurer will offer. The garage destroyed your property and is legally obliged to replace it like for like. The garage takes the rap for its negligence, not you."
http://www.honestjohn.co.uk/askhj/answer/62854/garage-mechanic-crashed-my-car0 -
Oh dear. That's some bad advice.0
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OnanTheBarbarian wrote: »Oh dear. That's some bad advice.
He has a column in the Telegraph and used to spout this advice (Which is where most of the public who have the same opinion obtained their view as they read it in the paper / saw it on the internet).
He stopped saying this a couple of years ago and also acknowledged that this "Was no longer the case" but seems to have reverted back to it again.0 -
John has a bee in his bonnet about Credit Hire Companies although does not seem to grasp how they work...
Question
"Appealing against a Cat B write off?
My car submerged in the water last week due to the heavy raining that caused flooding in the underground parking. The car was parking on a gradient therefore only the rear right side of the car was submerged. I was able to open the doors and start the car without any issue as the water was not that high. The rear back flooring was wet. The damage had been assessed and the estimate for repair is £800 (carpet change and checks). However, my insurance company called me saying that it has to be written off as total loss Cat B. I am sure that the insurer only decided to put it in Cat B because they heard the word "submerged". Now, I would like to appeal the category and put it in cat C or if I cannot do that, I would like to keep the car and put it back to road even if it is Cat B. There is literally no money has to be spent on it except for the DVA checks it may need. I know the insurer guidelines and the car has to be destroyed but I heard that it is possible to put back on the road I was wondering what are my options?"
John's Answer...
"Your insurer is doing this to avoid having to put you in an expensive credit hire car for the duration of the repair that would put the total cost far higher than the value of the car. Explain to to them that you are still driving the car and that you wish to withdraw the claim."
http://www.honestjohn.co.uk/askhj/answer/63044/appealing-against-a-cat-b-write-off-0 -
Question :
"Insurer wants to write off a classic car
I have a 1996 Volvo 850R Estate with only 77k on the clock. It is immaculate inside, much cherished and cared for during the 18 years I have owned it. Last week a third party scraped the side of it in a carpark, and has admitted liability. The estimate to repair, including one alloy refurbishment, is about £990, but has been rejected by the third party insurers on the basis of it being uneconomic to repair. This car is quite sought after by enthusiasts and I have seen ads for similar aged cars but with double the mileage for between £3k and £4k. Should the third party insurer be obliged to recognize this fact, rather than comparing my car with an ordinary low spec Volvo 850, where the 60% of market value principle might be applied. I had no intention of disposing of the vehicle, it is good for another 70k miles. His insurers and the accident management company, acting on my behalf through my insurers' no-fault dept, are talking of a total write-off, (which is quite absurd). What is the best course of action for me, as it currently looks like I shall end up with nothing, except a scraped car, when I was completely blameless"
Answer :
"If you wanted to insure your car for its value to enthusiasts you should have had it on an "agreed value" classic car policy. As it is, county courts have held that the only liability of the other party's insurer is to either repair the car or give you "market value" for it. And if they go by some kind of guide or assessment that says it's worth £600, then you have to prove with visible evidence that it is worth the £3k to £4k that it probably is worth to an enthusiast. What you absolutely MUST do now is prevent the other party's insurer arbitrarily writing off your car without your permission. I'd get three quotes from really good bodyshops, get it repaired for the lowest quote, then sue the third party personally for the cost of the repair. Have nothing whatsoever to do with any accident management company that only wants to tuck you up in an overpriced hire car for the duration of the repair and will realise there is nothing in it for them in your case. Do not under any circumstances allow any insurer to inspect and write the car off"
http://www.honestjohn.co.uk/askhj/answer/63995/insurer-wants-to-write-off-a-classic-car
err make your mind up...Erm...He seems to have reverted to telling people they're legally entitled to demand the third party provide a like for like replacement vehicle.
Question
"Garage mechanic crashed my car
A garage crashed my car which is now written off. The driver was negligent and has been charged. Their insurers are now offering market value for the car I have paid for for last 3 years with still another year to pay so basically I am walking away with 400 quid once finance is cleared. Am I entitled to compensation?"
Answer
"Take the garage to court demanding a like for like car. This is not a question of what the garage insurer will offer. The garage destroyed your property and is legally obliged to replace it like for like. The garage takes the rap for its negligence, not you."
http://www.honestjohn.co.uk/askhj/answer/62854/garage-mechanic-crashed-my-car0 -
John has a bee in his bonnet about Credit Hire Companies although does not seem to grasp how they work...
Question
"Appealing against a Cat B write off?
My car submerged in the water last week due to the heavy raining that caused flooding in the underground parking. The car was parking on a gradient therefore only the rear right side of the car was submerged. I was able to open the doors and start the car without any issue as the water was not that high. The rear back flooring was wet. The damage had been assessed and the estimate for repair is £800 (carpet change and checks). However, my insurance company called me saying that it has to be written off as total loss Cat B. I am sure that the insurer only decided to put it in Cat B because they heard the word "submerged". Now, I would like to appeal the category and put it in cat C or if I cannot do that, I would like to keep the car and put it back to road even if it is Cat B. There is literally no money has to be spent on it except for the DVA checks it may need. I know the insurer guidelines and the car has to be destroyed but I heard that it is possible to put back on the road I was wondering what are my options?"
John's Answer...
"Your insurer is doing this to avoid having to put you in an expensive credit hire car for the duration of the repair that would put the total cost far higher than the value of the car. Explain to to them that you are still driving the car and that you wish to withdraw the claim."
http://www.honestjohn.co.uk/askhj/answer/63044/appealing-against-a-cat-b-write-off-
What an absolute !!!!. Withdraw the claim and suffer driving round in a flood damaged vehicle without having it rectified by your own insurance company???0 -
straighttalker wrote: »What an absolute !!!!. Withdraw the claim and suffer driving round in a flood damaged vehicle without having it rectified by your own insurance company???
Agreed.
Although he does not seem to understand how a credit hire car works as the person whose car suffered flood damage was certainly not in a CH vehicle as there was not a fault party to pay for the cost of the credit hire vehicle0 -
Question :
"Dear John, My 54 E320cdi with 173k has been declared a total loss due to water ingress and resultant engine damage. What is the best value for the car and what advice do you have for dealing with the insurance company to get best value?"
John's Answer
"Depends how the water ingress occurred. If the car was parked somewhere that you would not reasonably expect to be flooded then you should get 'market value' that is about £2,500. If you drove into a flood then you can't expect anything. Some insurers will pay. Others regard it as 'contributory negligence', the same as leaving a key in a parked cat that was then stolen"
http://www.honestjohn.co.uk/askhj/answer/64990/total-loss
Apart from talking a load of 'ollocks he does not even answer the question0
This discussion has been closed.
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