Help needed arguing Esure's valuation

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  • rs65
    rs65 Posts: 5,682 Forumite
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    maddogb wrote: »
    Their duty is to pay me market value for the car, specific dates are not mentioned and I for one would not agree to such restrictions, if I had seen such excessive restrictions in my policy I would of cancelled it within the time frame allowed.

    We will not pay more than the market value of your car at the time of the loss, less the total excess.




  • dacouch
    dacouch Posts: 21,637 Forumite
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    maddogb wrote: »
    I think you are making too many assumptions there, not that they are definitely wrong but..


    Their duty is to pay me market value for the car, specific dates are not mentioned and I for one would not agree to such restrictions, if I had seen such excessive restrictions in my policy I would of cancelled it within the time frame allowed.
    here comes the crux,
    The ombudsman has stated Esure have followed their recommended procedure, I have never said they did not.
    I do however argue that the very procedure is flawed and does not itself represent true "Market Value" if it did they would not have Glasses GUIDE or Parkers GUIDE,
    see what I did there?
    What the insurers are doing is using these as price LISTs and that is where I need help, ie transcription to another legal process.

    As RS has pointed out your Insurance Policy as do all normal motor insurance polices value the loss as being at the time of the claim. Forgive me being blunt but I do not believe that had you read your policy when you purchased it that you would have cancelled it had you known that claims are valued at the time of the loss. Even if you did you would find your only option would have been with another Insurer offering the same terms.

    There are plenty of court cases that side with the Insurers on this basis, courts will however assess the value at a later date in some rare situations, but I don't believe your case is such.

    The Ombudsman uses the three guides to allow the values to be checked against three different guides. If there are differing values in the three guides, the FOS has a system to either average the values of disregard the guide that is very out from the other two
  • dacouch
    dacouch Posts: 21,637 Forumite
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    maddogb wrote: »
    I think you are making too many assumptions there, not that they are definitely wrong but..

    Which of my assumptions are incorrect?

    Fact : You're entitled to the value of the car at the time of the accident eg Boxing Day

    They made you an offer which you argued upwards within about 10 days of the accident.

    You've been arguing with the Insurers and have been to the Ombudsman for the last two months during which this period, the cost of replacing your vehicle is likely to have increased.

    They appear to have valued the car in line with the Ombudsman's expectations which the Ombudsman have also agreed with
  • bigjl
    bigjl Posts: 6,457 Forumite
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    I have had a read of this thread.

    And to be honest the OP seems argumentative and ungrateful.

    And also a little bit unrealistic.

    After all the effort that Motorguy went to post helpful advice using his years of trade experience it was thrown back in his face.

    Brand new poster getting good solid advice in good faith.

    But chooses to be argumentative.

    Almost as if being argumentative was the point of the thread....
  • bigjl
    bigjl Posts: 6,457 Forumite
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    maddogb wrote: »
    I have deliberately left out details as I don't want trolls trawling thru auto trader to point out cars hundreds of miles away " described " as comparable to my car at the valuation esure have offered.

    What I mean by "but" is, according to esure, I should be able to source a comparable replacement in the retail market "but" I cannot with 6 weeks of trying.

    Sounds like you had an A3 2.0 TDi.

    As by not giving any details on the car nobody can judge if the valuation is or is not fair!

    Or perhaps that is why you did it? To be able to create more posts that you can disagree with?
  • maddogb
    maddogb Posts: 473 Forumite
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    rs65 wrote: »
    We will not pay more than the market value of your car at the time of the loss, less the total excess.


    so that exact wording is in every single policy from every single company?

    dacouch wrote: »
    Which of my assumptions are incorrect?


    you are making the incorrect assumption that this method of valuing a car is 100% accurate and fair in 100% of cases, I and CAP, Parker and Glass believe it may not be, hence why these are called prices guides not price lists.



    bigjl wrote: »
    I have had a read of this thread.
    And to be honest the OP seems argumentative and ungrateful.
    And also a little bit unrealistic.
    After all the effort that Motorguy went to post helpful advice using his years of trade experience it was thrown back in his face.
    Brand new poster getting good solid advice in good faith.
    But chooses to be argumentative.
    Almost as if being argumentative was the point of the thread....


    you seem to be forgetting that I have not received one reply that actually answers the question asked and that I have gone to great pains to stop people wasting their and my time posting answers to questions that I didn't ask.



    bigjl wrote: »
    Sounds like you had an A3 2.0 TDi.

    As by not giving any details on the car nobody can judge if the valuation is or is not fair!

    Or perhaps that is why you did it? To be able to create more posts that you can disagree with?


    no it wasn't an A3, I am not interested in whether or not other people think it is fair, I really don't think fair enters into it, it is simply a rare case where you cannot be fair to both parties and Esure should be the one taking the hit on "unfairness" as they were being paid to do so.
  • loskie
    loskie Posts: 1,761 Forumite
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    market value - The market value is the amount you could reasonably have expected to sell your vehicle for
    on the open market immediately before your accident or loss. Our assessment of the value is based on
    vehicles of the same make and model and of a similar age, condition and mileage at the time of accident
    or loss. This may not be the price you paid when you purchased the car

    Above from esures ts and Cs.
    There is a term of "betterment" ie you are only entitled to be put back in the position you were in no better.
    If you disagree with the valuation all you can do is provide ads for similar cars selling at the time of your accident.
    TBH I am surprised they will pay out at all if you were careless enough to drive into a flood.
    Certainly if you take the attitude with claims assessors as you have here you are likely to get their back up and struggle to get anywhere.
    One big mistake that folks make is over valuing their car.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
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    maddogb wrote: »
    I am not interested in whether or not other people think it is fair, I really don't think fair enters into it, it is simply a rare case where you cannot be fair to both parties and Esure should be the one taking the hit on "unfairness" as they were being paid to do so.
    You seem to have a different definition of "fair" to me.
  • motorguy
    motorguy Posts: 22,477 Forumite
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    edited 7 March 2016 at 5:48PM
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    maddogb wrote: »

    well that presents two questions.
    1 What trouble was it exactly
    2 Why? when i had already asked you not to do that in earlier posts

    1. The trouble of taking my own personal time to check out all those cars and the price ranges.
    2. You asked people specifically not to link to specific cars at the other end of the country that happened to be in budget. I didnt. I listed a load of general info about a handful of models that may well be available in your budget local to you. Your exact word were "I have deliberately left out details as I don't want trolls trawling thru auto trader to point out cars hundreds of miles away " described " as comparable to my car at the valuation esure have offered."
    maddogb wrote: »

    My attitude is irrelevent, if people know the answers i am looking for they will speak out, the problem is stopping those who don't know the answers speaking out

    Its a public forum and people can respond if they like. If you want very specific information only, then talk to - and pay - a solicitor. And just because you dont want to hear it, doesnt make it not relevant.
    maddogb wrote: »

    Never said i couldn't find a car, just that within the area i consider reasonable, the comparable cars are all £1000 more than Esure will pay.
    How about i come round, replace your car with one two years older and/or more mileage, then charge you money for the privilege?

    Sometimes !!!! happens. I certainly wouldnt let it ruin my life.

    I'd say the nearest comparable car to at least 2 of the three cars we own would require a flight and a ferry home if we wanted to replace absolute like with like. I wouldnt expect my insurance company to care though, or to pay out "extra" for me to buy a car locally if one turned up

    I'd probably not fester on finding the exact car though and use it as an opportunity to drive something else.
    maddogb wrote: »

    err? yeah that is why i have requested help on this, it's all quite clear in the Original Post, if you move your sensitive soul out of the way for a second.

    And just because you havent got the answers you wanted to hear from us, doesnt make us wrong.
    maddogb wrote: »

    It's in the OP, I need help ARGUING AGAINST the valuation, not help agreeing to it.

    You're stuffed now. Move on. There you go, thats my advice.
    maddogb wrote: »

    don't get me wrong discussion has helped me clarify my thoughts on the whole mess, to summarise so far
    There is a loss occurring here, it can be my loss or it can be Esures loss, who is paid to take that loss?

    Who is paid to ensure they apply any calculations through appropriate and repeatable means?

    Your insurance company! Yay!. They've done that, the ombudsman agrees. You're stuffed. Move on
  • motorguy
    motorguy Posts: 22,477 Forumite
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    maddogb wrote: »
    I think you are making too many assumptions there, not that they are definitely wrong but..


    Their duty is to pay me market value for the car, specific dates are not mentioned and I for one would not agree to such restrictions, if I had seen such excessive restrictions in my policy I would of cancelled it within the time frame allowed.
    here comes the crux,
    The ombudsman has stated Esure have followed their recommended procedure, I have never said they did not.
    I do however argue that the very procedure is flawed and does not itself represent true "Market Value" if it did they would not have Glasses GUIDE or Parkers GUIDE,
    see what I did there?
    What the insurers are doing is using these as price LISTs and that is where I need help, ie transcription to another legal process.

    There is a recommended, repeatable procedure, which they have followed.

    The ombudsman agrees with that.

    Just because you dont, doesnt make everybody else wrong.
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