Insurer undervaluing vehicle

AdrianC

Some nice cherry-picking on your part there.

Here's what a quick trawl finds that supports the insurer's valuation:

2008 - £1,100 https://www.ebay.co.uk/itm/223933729413
2011 - £1,150 https://www.ebay.co.uk/itm/303519174310
2015 - £1,350 https://www.ebay.co.uk/itm/153887851753
2008 - £1,500 https://www.ebay.co.uk/itm/153868165806
2013 - £1,500 https://www.motorcyclenews.com/bikes-for-sale/honda/sh125/56618023/
2012 - £1,900 https://www.autotrader.co.uk/classified/advert/201909252603735
2019 - £2,000 https://www.motorcyclenews.com/bikes-for-sale/honda/sh125/56489306/
2019 - £2,000 https://www.autotrader.co.uk/classified/advert/202003178524968
New discounted - £2,800 https://www.ebay.co.uk/itm/402133426803
New list price - £3,500 https://www.honda.co.uk/motorcycles/range/scooter/sh125i/specifications-and-price.html

You want to take it further? Take it to the FOS. The insurer have already suggested you do that. But your call whether you want to waste your time, because you'll almost certainly find the FOS agree with the insurer.

..."Ferrari of scooters"... <chuckle> Not many Ferraris used for pizza delivery.

Bikeexplorer85

Nice try, but dont use ebay for banged up pieces of crap, I will only use prices from reputable main dealers that would be considered fair.

The FOS will agree because of their incompetence ,
I knew that already, my question is can the value be challenged in court, who has done it and will it be allowed without using the ADR(FOS). 

waamo

Court should always be a last resort. Costs may be awarded against you if you are found to be unreasonable. You run that risk by not using an ADR. The court will suggest you use one anyway.

You also need to prove your case. You need to demonstrate they have acted unreasonably. You are a long, long way from doing that. 

AdrianC

Bikeexplorer85 said:

Nice try, but dont use ebay for banged up pieces of crap, I will only use prices from reputable main dealers that would be considered fair.

Did you actually look at any of those links? All the <£1500 ones bar the £1,350 2015 are dealers. eBay is just a route to market. Looking at private-sale values for a 11yo 125 scooter's value is hardly unreasonable.

The FOS will agree because of their incompetence ,
I knew that already, my question is can the value be challenged in court, who has done it and will it be allowed without using the ADR(FOS). 

Yes, of course you can launch a small claim. Nothing stopping you.
Yes, of course it'll be heard when the other party inevitably lodge a defence.

Now, think about how the adjudicator is going to view this...
Claimant: They're all in cahoots to suppress my eminently reasonable carefully cherry-picked value for my two-wheeled 125cc pizza-delivery Ferrari!
Defence: Here's a sheaf of evidence to show our valuation is perfectly appropriate. The claimant refused to use the independent ombudsman, and refused to use any arbitrator.

Scrapit

Bikeexplorer85 said:

Nice try, but dont use ebay for banged up pieces of crap, I will only use prices from reputable main dealers that would be considered fair.

The FOS will agree because of their incompetence ,
I knew that already, my question is can the value be challenged in court, who has done it and will it be allowed without using the ADR(FOS). 

At a risk of sounding like a broken record; what can you prove?

Clive_Woody

Bikeexplorer85 said:

Anyway I know the value of my bike, my question is about the court process. has anyone done this before and what laws or cases can I quote in my particulars of claim?

So you keep saying, but to convince a court you need to provide evidence to support your "valuation" as the insurer will also take this approach. Links posted so far suggest the insurer has the best evidence to support their defence (should they need one).

Nothing stopping you having your day in court, but telling a judge you know the value of your moped and want more money from the insurer is going to convince no one without evidence.

Mercdriver

A court is not going to work very well for you if you refuse to go through any kind of mediation or independent body available to you.  What you are seeing on AT are asking prices, not prices that bikes have sold for.  By all means call your insurance company's bluff and take it to FOS.  You might get a little more.  Might.