My rights - Like for Like car replacement

Trebor01

Hi all I was wondering if you could help me.

I was in a car accident on Friday when I was hit from behind whilst stopped at traffic lights. The other person fully admitted liability and this has been agreed with the insurers.

I have requested alike for like car, and via AI Claims Solutions ? they have said they will now not provide me with a "like for like" car as I am not working. I drive an Audi S4 Convertible and expect a convertible car as its replacement while being repaired as I pay for its insurance and drive a convertible for the simple fact I enjoy them. Why should I settle for anything less when it was not my fault.

The reason AI Claims Solutions have stated is that they try to keep costs down (this is hardly my problem as their insured hit me so they should pay up) and then went on to state as I am not working I do not need a status vehicle etc and would not provide me with a like for like car.

What are my rights....?

Christopher7

Hire companies like AI Claims Solutions are very nervous about supplying like for like as the other sides insurer will argue you had no need for a like for like, this will delay payment to AI, who will often accept a lesser amount for quicker settlement. They push you into a downgrade so they get paid easier and quicker.

It is your right for a like for like providing you can justify to the court that you needed a like for like.

Who is arranging the repair of your car? Are you insisting on an Audi approved repairer, you should be!

Trebor01

Christopher, thank you for this, that makes real sense, they were so rude in the responses to me as well. I guess anyone trying to justify why they "Need" a particular type of car is a difficult one. No one needs e.g a Porsche or a Rolls Royce, but a like for like replacement for one of these would not be a ford focus I would suggest. Also I am trying to establish my own business and feel the car represents me and my "status" if such a thing exists. Once again its tricky one as I would not expect my builder to turn up in a Lambo cos I would feel ripped off, but then again would expect a specialist in e.g. law to drive something flash.

The car is going into an approved Audi repair centre, although they tried to insist it went to their own repair centre. I have struggled with this one before, so once bitten and all that, so this time it is going to someone I trust. The last insurers paint shop painted the wing the wrong shade of blue completely. It may as well have been red, yet it past their "quality" control. Incredible....!! and they charged the 3rd party insurers £7,500 for a simple wing replacement.....its a joke and no wonder insurance bills are so high.

Christopher7

I believe maintaining a certain status or reputation is a legitimate reason for having a like for like. To solve this what AI should do is contact the other sides insurer and explain that you need a like for like vehicle and agree on the grade of vehicle up front.

InsideInsurance

You have a legal obligation to make reasonable efforts to mitigate your losses and a classic example of this is the type of replacement vehicle you have.

Someone may have a 7 seater car as they have 5 kids and a Corsa wont be suitable. Likewise someone could be someone commuting 300 miles a day and so a 1.1 engine really isnt going to be appropriate for the mileage etc.

Maintaining a reputation is technically an acceptable reason, though one I used to argue against the most, but you need to have a justification beyond just because you like it or your neighbours laugh if your in a Ford rather than Ferrari for a few days/ weeks.

Certainly if you deal with the TPI directly they may have less issues on the provided car (though convertible may be a challenge) as they could be charged as much as 80% less than AI would be charging them. That said, they wont instantly say they will do like for like either.

Trebor01

Thanks everyone, I think my argument should stand as I am in the process of a start up business hopefully selling cars and my intention is to focus on sports cars and convertibles so I think by driving one myself I am displaying something to my potential customers. AI Claim Solutions simply asked if I was working, and I am not, so immediately said I was therefore not entitled to a convertible. Typical cost savings issue. I actually have 3 convertibles for sale as part of this start up so maybe I could show pics of these as proof if required.

InsideInsurance

It to be honest sounds tenuous... are you visiting the prospective buyers in your car or one of the cars for sale or are they coming to you? What level of "convertibles and sports cars" are we talking, brand new SL AMGs or 6 year old Astra Twintops?

If you are going to push it you seriously need to read the agreement with the AI, with some providers you will have to pay the shortfall if they are unable to recover all the monies from the TPI.

Sgt_Pepper_2

Trebor01 wrote: »

Thanks everyone, I think my argument should stand as I am in the process of a start up business hopefully selling cars and my intention is to focus on sports cars and convertibles so I think by driving one myself I am displaying something to my potential customers. AI Claim Solutions simply asked if I was working, and I am not, so immediately said I was therefore not entitled to a convertible. Typical cost savings issue. I actually have 3 convertibles for sale as part of this start up so maybe I could show pics of these as proof if required.

Drive on me those 3 he it bothers you that much.

adamc260

Just because you are 'entitled' to a like for like replacement doesn't mean you need to have one. It's as said above, you have a duty to mitigate your losses following an accident and the fact you are 'out of work' deems it not really necessary to cruise around in a hire car that will cost up wards of £150 a day.

No doubt you've complained about your renewal going up... well Credit hire is one of the very reasons it is increasing. If you really require a hire car... then approach the Third Parties Insurer after all their client is responsible so surely they should be given the chance to compensate you be that with a hire car/repairs? All credit hire companies excist to do is profit from the same service the Insurer can provide.

sarahg1969

OP, if it's possible for you to use one of the cars you have for sale, then the insurers may take issue with that, if you rack up massive credit hire charges. If you send them details of those cars you have for sale, then they may decide to make further enquiries if they think the hire charges are unreasonable. A similar car to your own will be pretty expensive on credit hire from AI.

adamc260

Well the S4 Saloon is £229.27 per day as per GTA rates that credit hire companies work on... I assume the convertible can't be too far off that! When purchasing a car the convertible carries a nice 'premium' to it.

http://apps.abi.org.uk/tphire/SupportingDocuments/GTA%20Car%20rates%20wef%201%20%207%20%2011%20updated%2023%2011%2011%20sent.doc