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Insurance Not Paying Out Full Amount...

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At the beginning of September a driver managed to drive her car up our 20 metre long drive straight into our garage wall damaging the door (which will no longer open) the garden wall next to it and the side wall of the garage.

The lady admitted full responsibility for the damage (as she should) and gave us her insurance details etc...

We contacted the insurance company obtained quotes for the repairs and provided photos of the damage as requested.

Today we have received an email from the insurance company saying that because the garage is over 30 years old and due to wear and tear they would only pay out approximately 60% of the amount we were quoted.

Surely this cannot be right? It's not our fault said lady lost control of her car turning around in a cul-de-sac!

Any advice much appreciated...

Comments

  • TSx
    TSx Posts: 866 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    smurffiss wrote: »
    At the beginning of September a driver managed to drive her car up our 20 metre long drive straight into our garage wall damaging the door (which will no longer open) the garden wall next to it and the side wall of the garage.

    The lady admitted full responsibility for the damage (as she should) and gave us her insurance details etc...

    We contacted the insurance company obtained quotes for the repairs and provided photos of the damage as requested.

    Today we have received an email from the insurance company saying that because the garage is over 30 years old and due to wear and tear they would only pay out approximately 60% of the amount we were quoted.

    Surely this cannot be right? It's not our fault said lady lost control of her car turning around in a cul-de-sac!

    Any advice much appreciated...

    It would certainly be unusual in my experience (unless the garage was clearly in a poor state of repair). What policy is it?
  • TSx wrote: »
    It would certainly be unusual in my experience (unless the garage was clearly in a poor state of repair). What policy is it?


    Hello, Core Claims are dealing with the claim, but the lady's insurance company are Acromas...
  • TSx
    TSx Posts: 866 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    edited 6 November 2012 at 9:51PM
    smurffiss wrote: »
    Hello, Core Claims are dealing with the claim, but the lady's insurance company are Acromas...

    Ah, sorry - I didn't realise you were going directly through her insurance.

    I'm not entirely certain of the implications with a buildings claim (I primarily deal with contents claims), and I'm sure someone will be along to advise but generally the third parties liability only extends to cover what the garage was worth at the time it was damaged.

    The only way around this may be to go through your own buildings insurance.
  • phill99
    phill99 Posts: 9,093 Forumite
    Part of the Furniture 1,000 Posts
    They are deducting betterment.

    As you are going through a 3rd party insurers all they are legally bound to do is put you in the same position as you were prior to the incident. Therefore because your garage door etc were old, all they have to do is give you the cost of an old garage door.

    If you claimed on your own house insurance, they act on a new for old basis. This is because they offer a level of compensation over and above the legal minimum requirements.

    Therefore, there are 2 options.

    One is claim off your buildings insurance and they will then cover this on anew for old policy and they then recover the cost from her insurers.

    Or Appoint your own loss adjuster to act on your behalf and get the full claim amount.
    Eat vegetables and fear no creditors, rather than eat duck and hide.
  • FlameCloud
    FlameCloud Posts: 1,952 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    How will appointing your own loss assessor get you more than the third party is legally obliged to pay?
  • phill99
    phill99 Posts: 9,093 Forumite
    Part of the Furniture 1,000 Posts
    FlameCloud wrote: »
    How will appointing your own loss assessor get you more than the third party is legally obliged to pay?

    I didn't say loss assessor. I said loss adjuster. They are 2 different things.
    Eat vegetables and fear no creditors, rather than eat duck and hide.
  • phill99 wrote: »
    I didn't say loss assessor. I said loss adjuster. They are 2 different things.

    You seem a little confused about what they are though...?
  • FlameCloud
    FlameCloud Posts: 1,952 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    phill99 wrote: »
    I didn't say loss assessor. I said loss adjuster. They are 2 different things.

    I am aware if the difference. One acts for an insurer, one for a policy holder. An adjuster will likely not be licensed to present a claim.
  • Do you have a photo of the door and garage, ideally immediately pre damage?

    What is the breakdown of labour and materials on the quote?

    The deduction as has been said is for betterment because you had a very old garage door and therefore are only entitled to have a "new" very old door fitted but as you've been quoted for a brand new door they are only offering part of the cost. If it is fair percentage depends on the labour/ parts split (and probably a sub split on the parts)

    You could claim on your Buildings insurance but give the TPI are evidently keen to stick to the letter of the law you'd need to check what happens if they only recover part of their outlay from the TPI - itll probably count as a fault claim because they are effectively paying the betterment
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