Can I insist on car insurance repairing a car if it's less than the value of the car?

clive0510

it may be easier to let them write the car off. the car then belongs to your insurer. you can buy it back from them in a unrepaired state. then you have to work out what you want to do. who's going to repair it, parts supply etc. also the car will need to be reregistered. 

sweetsand

Sandtree said:

Freddles91 said:

Car_54 said:

Freddles91 said:

sweetsand said:

Hi Op
The offer, you will need to check with similar car, mileage, age, number of owners , conditionetc and it should be the price sold at either main car dealers if a newsih model or smaller dealers for older models or average price private sales.
Look up Parkers price guides to give you an idea.
ATB

Hi, I know about working out the value but that's not my question. My question is whether I have to accept the fact they declare it a write off for economical reasons if the cost to repair is less than the value of the car or if I can insist they repair it up to the value of the vehicle as I seem to be finding conflicting information online.

Hi OP, if you read your policy documents you will find a clause like this example (from DirectLine):

"If your car is damaged, we will pay the cost of repairing or replacing your vehicle up to its UK market value. This is the current value of the vehicle at the time of the claim – and it may be different to the amount you paid or any amounts we spoke about when you insured your vehicle with us."

You will have agreed to something similar whan you took out the policy.

I'm not sure what you're saying here, to me that seems like they can repair up to the value but doesn't say anything about whether I can choose that or a payoff.

You cannot demand that they repair it, but as per my other post, they may entertain the idea of a cash in lieu settlement.

and if still unhappy take them to court as per my initial post here.
ATB
x

RBN20

sweetsand said:

Sandtree said:

Freddles91 said:

Car_54 said:

Freddles91 said:

sweetsand said:

Hi Op
The offer, you will need to check with similar car, mileage, age, number of owners , conditionetc and it should be the price sold at either main car dealers if a newsih model or smaller dealers for older models or average price private sales.
Look up Parkers price guides to give you an idea.
ATB

Hi, I know about working out the value but that's not my question. My question is whether I have to accept the fact they declare it a write off for economical reasons if the cost to repair is less than the value of the car or if I can insist they repair it up to the value of the vehicle as I seem to be finding conflicting information online.

Hi OP, if you read your policy documents you will find a clause like this example (from DirectLine):

"If your car is damaged, we will pay the cost of repairing or replacing your vehicle up to its UK market value. This is the current value of the vehicle at the time of the claim – and it may be different to the amount you paid or any amounts we spoke about when you insured your vehicle with us."

You will have agreed to something similar whan you took out the policy.

I'm not sure what you're saying here, to me that seems like they can repair up to the value but doesn't say anything about whether I can choose that or a payoff.

You cannot demand that they repair it, but as per my other post, they may entertain the idea of a cash in lieu settlement.

and if still unhappy take them to court as per my initial post here.
ATB
x

I don’t understand what you keep saying about taking them to court. You think the legal fee’s will be worth that and that it is standard protocol? If you have issues with an insurance decision you make a complaint and then if still not resolved you go to FOS, stop being ridiculous. 

as others have said, you cannot demand it is repaired, accept the write off and retain the salvage or ask for a CIL of repairs. You are then free to repair the vehicle with the money you are given with either of these. If the damage is superficial you don’t even have to have it fixed - just make sure the car is roadworthy 

rs65

sweetsand said:

No worries. You will have to take them to court if you still disagree at their final offer.

Probably best if you refrain from posting about insurance matters.

A complaint, and if still unsatisfied, followed by the financial ombudsman service which is free.  There are past cases on the ombudsman website to review and see the likely outcome.  You still have the option of court thereafter

Going to court immediately will cost the OP and the judge is likely to just decide on legal facts.  He may also be unsympathetic to the OP if they haven't attempted normal dispute resolution avenues first

Flight3287462

sweetsand said:

Sandtree said:

Freddles91 said:

Car_54 said:

Freddles91 said:

sweetsand said:

Hi Op
The offer, you will need to check with similar car, mileage, age, number of owners , conditionetc and it should be the price sold at either main car dealers if a newsih model or smaller dealers for older models or average price private sales.
Look up Parkers price guides to give you an idea.
ATB

Hi, I know about working out the value but that's not my question. My question is whether I have to accept the fact they declare it a write off for economical reasons if the cost to repair is less than the value of the car or if I can insist they repair it up to the value of the vehicle as I seem to be finding conflicting information online.

Hi OP, if you read your policy documents you will find a clause like this example (from DirectLine):

"If your car is damaged, we will pay the cost of repairing or replacing your vehicle up to its UK market value. This is the current value of the vehicle at the time of the claim – and it may be different to the amount you paid or any amounts we spoke about when you insured your vehicle with us."

You will have agreed to something similar whan you took out the policy.

I'm not sure what you're saying here, to me that seems like they can repair up to the value but doesn't say anything about whether I can choose that or a payoff.

You cannot demand that they repair it, but as per my other post, they may entertain the idea of a cash in lieu settlement.

and if still unhappy take them to court as per my initial post here.
ATB
x

How many people have you taken to court?

williamgriffin

Hunyani_Flight_825 said:

sweetsand said:

Sandtree said:

Freddles91 said:

Car_54 said:

Freddles91 said:

sweetsand said:

Hi Op
The offer, you will need to check with similar car, mileage, age, number of owners , conditionetc and it should be the price sold at either main car dealers if a newsih model or smaller dealers for older models or average price private sales.
Look up Parkers price guides to give you an idea.
ATB

Hi, I know about working out the value but that's not my question. My question is whether I have to accept the fact they declare it a write off for economical reasons if the cost to repair is less than the value of the car or if I can insist they repair it up to the value of the vehicle as I seem to be finding conflicting information online.

Hi OP, if you read your policy documents you will find a clause like this example (from DirectLine):

"If your car is damaged, we will pay the cost of repairing or replacing your vehicle up to its UK market value. This is the current value of the vehicle at the time of the claim – and it may be different to the amount you paid or any amounts we spoke about when you insured your vehicle with us."

You will have agreed to something similar whan you took out the policy.

I'm not sure what you're saying here, to me that seems like they can repair up to the value but doesn't say anything about whether I can choose that or a payoff.

You cannot demand that they repair it, but as per my other post, they may entertain the idea of a cash in lieu settlement.

and if still unhappy take them to court as per my initial post here.
ATB
x

How many people have you taken to court?

I imagine there's at least one top QC in the family. 

bigadaj

And now.... breathe....

ontheroad1970

williamgriffin said:

Hunyani_Flight_825 said:

sweetsand said:

Sandtree said:

Freddles91 said:

Car_54 said:

Freddles91 said:

sweetsand said:

Hi Op
The offer, you will need to check with similar car, mileage, age, number of owners , conditionetc and it should be the price sold at either main car dealers if a newsih model or smaller dealers for older models or average price private sales.
Look up Parkers price guides to give you an idea.
ATB

Hi, I know about working out the value but that's not my question. My question is whether I have to accept the fact they declare it a write off for economical reasons if the cost to repair is less than the value of the car or if I can insist they repair it up to the value of the vehicle as I seem to be finding conflicting information online.

Hi OP, if you read your policy documents you will find a clause like this example (from DirectLine):

"If your car is damaged, we will pay the cost of repairing or replacing your vehicle up to its UK market value. This is the current value of the vehicle at the time of the claim – and it may be different to the amount you paid or any amounts we spoke about when you insured your vehicle with us."

You will have agreed to something similar whan you took out the policy.

I'm not sure what you're saying here, to me that seems like they can repair up to the value but doesn't say anything about whether I can choose that or a payoff.

You cannot demand that they repair it, but as per my other post, they may entertain the idea of a cash in lieu settlement.

and if still unhappy take them to court as per my initial post here.
ATB
x

How many people have you taken to court?

I imagine there's at least one top QC in the family. 

Nah she's married to the Lord Chancellor.

AdrianC

ontheroad1970 said:

williamgriffin said:

Hunyani_Flight_825 said:

How many people have you taken to court?

I imagine there's at least one top QC in the family. 

Nah she's married to the Lord Chancellor.

About the same grasp on reality as most of the government.