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omg can my insurance do this

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gerad_way
gerad_way Posts: 135 Forumite
Part of the Furniture Combo Breaker
I previously posted a couple of days ago but its just getting worse.
my daughters was hit by another car and her insurance company have written it off. we paid 1400 for it 3 months ago and they r only offering us 700. even though we have a witness the other driver isnt admitting responsibility. she has been provided with a hire car as she was fully comp here is our problem:
as he isnt admitting responsibility her insurance company have told her:
1. if she doesnt accept the 700 she wont get anymore and they will just keep reducing the amount they will pay her,
2. the hire car they have provided for her they told her later on in the day that if he doesnt accept responsibility they will charge her for it???? noone mentioned this when she was given it
3. it will probably be 50/50 even though she has a witness stating the other driver was at fault and it will therefore effect her insurance next year
4. her insurance has only been running for 3 months but they wont refund the money and said if she gets another car they will just carry it on...can they do this????
can anyone advise as i feel the insurance company are not supporting us
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  • DUTR
    DUTR Posts: 12,958 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    gerad_way wrote: »
    I previously posted a couple of days ago but its just getting worse.
    my daughters was hit by another car and her insurance company have written it off. we paid 1400 for it 3 months ago and they r only offering us 700. even though we have a witness the other driver isnt admitting responsibility. she has been provided with a hire car as she was fully comp here is our problem:
    as he isnt admitting responsibility her insurance company have told her:
    1. if she doesnt accept the 700 she wont get anymore and they will just keep reducing the amount they will pay her,
    2. the hire car they have provided for her they told her later on in the day that if he doesnt accept responsibility they will charge her for it???? noone mentioned this when she was given it
    3. it will probably be 50/50 even though she has a witness stating the other driver was at fault and it will therefore effect her insurance next year
    4. her insurance has only been running for 3 months but they wont refund the money and said if she gets another car they will just carry it on...can they do this????
    can anyone advise as i feel the insurance company are not supporting us

    Your daughter may have paid well above the market rate for the vehicle.
    The courtesy car is for a limited time and if liability is not accepted by the 3rd party then somebody has to pay for the rental of the vehicle.
    The annual premium cannot be refunded in full or probably even part if there is a claim outstanding to be settled.
  • gerad_way
    gerad_way Posts: 135 Forumite
    Part of the Furniture Combo Breaker
    so shouldnt she have been told this as she wouldnt have accepted the car if she knew.
    she has a witness to say he overtook illegally his car was more or less unmarked....y is our insurance comany not supporting her???
    #
  • Retrogamer
    Retrogamer Posts: 4,218 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    gerad_way wrote: »
    1. if she doesnt accept the 700 she wont get anymore and they will just keep reducing the amount they will pay her,

    Have you checked out how much similar cars of that year and model and mileage are from other sellers? If significantly higher you can argue you can't get a replacement vehicle for the same amount of money.

    gerad_way wrote: »
    2. the hire car they have provided for her they told her later on in the day that if he doesnt accept responsibility they will charge her for it???? noone mentioned this when she was given it

    That's right. If he doesn't admit he's liable, then they can't claim the hire car charges from his insurance company. They will need to pay for them out their own money then it will go down as a fault claim against your daughter. Unless you can prove the other party was at fault then you need to hope them admit liability.
    gerad_way wrote: »
    3. it will probably be 50/50 even though she has a witness stating the other driver was at fault and it will therefore effect her insurance next year

    What is their reasoning for wanting 50/50? Ask them to describe in detail why.
    If it is, then it will affect her insurance

    gerad_way wrote: »
    4. her insurance has only been running for 3 months but they wont refund the money and said if she gets another car they will just carry it on...can they do this????
    can anyone advise as i feel the insurance company are not supporting us

    Does she plan to get another car?
    All your base are belong to us.
  • Ultrasonic
    Ultrasonic Posts: 4,265 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Retrogamer wrote: »
    Have you checked out how much similar cars of that year and model and mileage are from other sellers? If significantly higher you can argue you can't get a replacement vehicle for the same amount of money.

    ^^^
    Do this. A friend of mine got the payout from an insurance company substantially increased by doing so.
  • Ultrasonic
    Ultrasonic Posts: 4,265 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Retrogamer wrote: »
    That's right. If he doesn't admit he's liable, then they can't claim the hire car charges from his insurance company. They will need to pay for them out their own money then it will go down as a fault claim against your daughter. Unless you can prove the other party was at fault then you need to hope them admit liability.

    Even if it is a fault claim, wouldn't most comprehensive insurance still provide a hire car without charging the claimant?

    gerad way - have you checked what the insurance policy says about this?
  • cte1111
    cte1111 Posts: 7,390 Forumite
    Part of the Furniture Combo Breaker
    gerad_way wrote: »
    4. her insurance has only been running for 3 months but they wont refund the money and said if she gets another car they will just carry it on...can they do this????

    Yes that's correct. Once you've claimed on a policy, then you have to pay for the full year. You also have the option of transferring the policy to another car, but are also likely to be charged admin fees and possibly a difference if the new car would cost more to insure.
  • Torry_Quine
    Torry_Quine Posts: 18,873 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    gerad_way wrote: »
    I previously posted a couple of days ago but its just getting worse.
    my daughters was hit by another car and her insurance company have written it off. we paid 1400 for it 3 months ago and they r only offering us 700. even though we have a witness the other driver isnt admitting responsibility. she has been provided with a hire car as she was fully comp here is our problem:
    as he isnt admitting responsibility her insurance company have told her:
    1. if she doesnt accept the 700 she wont get anymore and they will just keep reducing the amount they will pay her,
    2. the hire car they have provided for her they told her later on in the day that if he doesnt accept responsibility they will charge her for it???? noone mentioned this when she was given it
    3. it will probably be 50/50 even though she has a witness stating the other driver was at fault and it will therefore effect her insurance next year
    4. her insurance has only been running for 3 months but they wont refund the money and said if she gets another car they will just carry it on...can they do this????
    can anyone advise as i feel the insurance company are not supporting us

    1 She needs to see what the going price is for the same type of car. She isn't likely to get how much she paid

    2 Usually as soon as a car is deemed a write off your insurance company will wan't the courtesy car back.

    3 Even if the other driver is fully liable her insurance will probably be affected next year.

    4 It's an annual policy so yes if she doesn't have a new car to transfer it to then she has used the policy and there is no refund to get.
    Lost my soulmate so life is empty.

    I can bear pain myself, he said softly, but I couldna bear yours. That would take more strength than I have -
    Diana Gabaldon, Outlander
  • Aretnap
    Aretnap Posts: 5,764 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    gerad_way wrote: »
    1. if she doesnt accept the 700 she wont get anymore and they will just keep reducing the amount they will pay her,
    The price she paid for it isn't necessarily its market value, but they should pay enough to buy a similar car at a reputable dealer. Have a read at what the Financial Ombudsman says about vehicle valuations here.

    http://www.financial-ombudsman.org.uk/publications/technical_notes/motor-valuation.html
    it will probably be 50/50 even though she has a witness stating the other driver was at fault and it will therefore effect her insurance next year
    Who is the witness - an independent bystander, or a friend/relative/passenger? And what does he say actually happened - that's more important than his personal opinion of whose fault it was.
    4. her insurance has only been running for 3 months but they wont refund the money and said if she gets another car they will just carry it on...can they do this????
    That's standard I'm afraid - you can't cancel the policy after you've made a claim, or at least you don;t get your money back if you do.
  • Ultrasonic
    Ultrasonic Posts: 4,265 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    4 It's an annual policy so yes if she doesn't have a new car to transfer it to then she has used the policy and there is no refund to get.

    Not a full refund, but what about the 9 months of the year when she wouldn't be using the policy? Assuming she is buying a replacement car it's pretty much a non-issue though.
  • Strider590
    Strider590 Posts: 11,874 Forumite
    All standard stuff really....

    Plusthe 3rd party insurer always denied liability initially.
    “I may not agree with you, but I will defend to the death your right to make an a** of yourself.”

    <><><><><><><><><<><><><><><><><><><><><><> Don't forget to like and subscribe \/ \/ \/
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