Car Insurance Write Off Offer

kenbow

Can anyone with some legal experience please advice me. My wifes car was hit by another car on Friday night when it was parked outside our house. I registered the accident with the police (driver did not stop or leave details) and with my insurance. Fortunately there was a witness who got the other cars registration so we were able contact him and get him to register the accident with his insurance. The next day his insurance left me a voice message asking me to contact them. After giving them details of the accident and the coachworks the car was at, they indicated they would like to write off my car (even although they did not yet have a repair estimate) After considering their offer for a couple of hours I contacted them again and agreed to accept their offer. I was told the money would be transferred to my account within 24hours. ( I believe all of the conversation was recorded)
On the basis of this offer I cancelled my own insurance claim and returned the coachwork courtesy car. I then went with my wife to a local car dealer and paid a £200 deposit on a new car.
The next day his insurance company again contacted me but this time they adviced me they would have to see the repair estimate before transferring the money they offered me. Having been told the repair estimate by the coachworks I suspect they will now withdraw the write off offer and instaed repair the car.

What I would like to know is:
a) how legally binding is the verbal offer his insurer made.
b) if I have to cancel my new car order would they be legally obliged to reinburse me
c) given the inconvenience,disappointment and hassle we have suffered would we be entitled to compensation from his insureer.
d) and lastly who is the best person/organisation to take this case forword?

:mad::mad::mad:

Anihilator

Compensation for disapointment.

mumOf2wonderfulkids

Anihilator wrote: »

Compensation for disapointment.

when i met my hubby 7 years ago, he was romantic and bought me flowers all the time, we have now been married for 4 years and i no longer get flowers, can i sue him to claim compensation for disapointment? :rotfl:

kenbow

Sorry folks a pi**ed off at the moment so not really up for the light hearted stuff . So as to avoid any more "disappointed" people could everyone please ignore the disapponted reference in my post.

ellawaude

I can't help an awful lot but if you record the conversation in future (most mobiles have the facility, and even some answer phone landlines) then you will be able to prove what they have said.
I have unfortunately relied on companies recording the conversations too often and find ones where they don't want to admit what they said seem to either not be recorded or subject to a technical fault.
Might help you for the future.

A verbal contract is legally binding, however sometimes hard to prove. Record them and you have your proof.

Afraid I can't help much with the rest.

Best of Luck
Ella

dacouch

The sensible thing to do would be to wait a little longer and find out what they are proposing to do before you assume there will be a problem.

If you need a courtesy vehicle the other Insurer will provide one if you contact them and have a genuine need for one

Freddie_Snowbits

Don't count the chickens before they have hatched. As for husbands, I bought Freda some choccies once and she remembers it fondly.

Says I scoffed the lot

kenbow

Thanks all for the comments , positive or otherwise. Have spoken to Citizens advice and consumer direct and they have confirmed that a verbal contract is legally binding. Have also been given the number of the Information Commisioners Office who can obtain a transcript of all conversations with the Insurance company so may go down that route as well.

Anihilator

kenbow wrote: »

Thanks all for the comments , positive or otherwise. Have spoken to Citizens advice and consumer direct and they have confirmed that a verbal contract is legally binding. Have also been given the number of the Information Commisioners Office who can obtain a transcript of all conversations with the Insurance company so may go down that route as well.

Another example of Consumer Direct talking crap. The ICO won't obtain it for you. You have to make your own DSAR.

Tozer

Oh, in my experience, third party insurers tend to offer incovenience payments (£50-£100) in respect of all of the hassle of dealing with the issue.

Can't imagine the insurers going back on the original offer.