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possible declined insurance claim
I was involved in an accident that wasn't my fault, the other driver fled the scene (vehicle reported stolen, no insurance etc). It turns out my car has been modified with non standard body parts, front splitter, spoiler, rear diffuser and even exhaust has been modified. I am not a car person, and assumed these came standard with BMW M performance cars. My claim is now under the investigation and it is causing me a lot of anxiety (claim value 8-9k). I have sent the insurer the original posting where some of the description were "genuine m performance exhaust", M performance body kit etc. What do I do if they decline my claim?
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You will have to formally complain if they reject it based on a genuine error and go to the ombudsman if needs be. Genuine human error is normally looked on as not sufficient reason to decline a claim at least at the ombudsman, so if you declared the car as unmodified, based on your knowledge of the car, rather than deliberately making a false statement, you should expect a favourable outcome eventually. That said, M spec BMW are not exactly the car an average punter would buy, there might be a question as to whether someone buying that sort of slightly more specialised car would know enough about them to know it was modified after market.
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Deleted_User said:You will have to formally complain if they reject it based on a genuine error and go to the ombudsman if needs be. Genuine human error is normally looked on as not sufficient reason to decline a claim at least at the ombudsman, so if you declared the car as unmodified, based on your knowledge of the car, rather than deliberately making a false statement, you should expect a favourable outcome eventually. That said, M spec BMW are not exactly the car an average punter would buy, there might be a question as to whether someone buying that sort of slightly more specialised car would know enough about them to know it was modified after market.
If it is declined, can I fix it myself and then claim back if the case is in my favor, or would I have to wait for FCA to respond?0 -
Who is the insurer? If its Admiral Group then they have much tougher rules on modifications than most insurers.
The FOS will consider if you reasonably should have know that things were not standard parts... so if there is a massive whalefin wing/spoiler on the back then they can decide a reasonable person will see that virtually no other BMW has one and so should have questioned if it was an original part or not even if you claim not to be a car person.
Assuming your insurer is done with the vehicle there is no reason why you cannot repair it whilst the FOS are opining on your complaint which could well be 9 months plus at the moment.0 -
Sandtree said:Who is the insurer? If its Admiral Group then they have much tougher rules on modifications than most insurers.
The FOS will consider if you reasonably should have know that things were not standard parts... so if there is a massive whalefin wing/spoiler on the back then they can decide a reasonable person will see that virtually no other BMW has one and so should have questioned if it was an original part or not even if you claim not to be a car person.
Assuming your insurer is done with the vehicle there is no reason why you cannot repair it whilst the FOS are opining on your complaint which could well be 9 months plus at the moment.
Also, are there any templates that I can have a look to send a complaint to the insurer?0 -
So is the car an M series, insured as such, or fitted with M parts, and Esure were told it has M parts, or is it declared as a completely standard unmodified cooking BMW?I want to go back to The Olden Days, when every single thing that I can think of was better.....
(except air quality and Medical Science)
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Medis111 said:Sandtree said:Who is the insurer? If its Admiral Group then they have much tougher rules on modifications than most insurers.
The FOS will consider if you reasonably should have know that things were not standard parts... so if there is a massive whalefin wing/spoiler on the back then they can decide a reasonable person will see that virtually no other BMW has one and so should have questioned if it was an original part or not even if you claim not to be a car person.
Assuming your insurer is done with the vehicle there is no reason why you cannot repair it whilst the FOS are opining on your complaint which could well be 9 months plus at the moment.
Also, are there any templates that I can have a look to send a complaint to the insurer?
Does your V5 or if you use a registration lookup mention its a "M performance kit" or such? If it does then that supports your argument that you thought it was a standard item for this variant of the car. If it doesnt then it points to it being either an optional extra or an after build modification, doesnt definitively mean you should have known, its always an issue with second hand cars, but doesnt support you as well as if it was a variant rather than optional extras.
My saving up for a nice car got me a Mercedes that had the AMG kit as an optional extra. If the car had been 6 months newer then the name would have had "AMG" stuck to the end and it'd no longer be an optional extra but standard kit. Trying to get a quote from Admiral was a pain having to list everything that was included in the AMG kit0 -
facade said:So is the car an M series, insured as such, or fitted with M parts, and Esure were told it has M parts, or is it declared as a completely standard unmodified cooking BMW?0
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So it is insured as an M sport shadow edition? I don't know BMWs, but a quick google suggests that it is an option pack of suspension wheels body kit and other trim, in which case Sandtree's post nails it, and unless you have the exact build specification, and you are a BMW expert, you wouldn't reasonably know if every piece was correct.
I want to go back to The Olden Days, when every single thing that I can think of was better.....
(except air quality and Medical Science)
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facade said:So it is insured as an M sport shadow edition? I don't know BMWs, but a quick google suggests that it is an option pack of suspension wheels body kit and other trim, in which case Sandtree's post nails it, and unless you have the exact build specification, and you are a BMW expert, you wouldn't reasonably know if every piece was correct.0
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Medis111 said:It does say m sport shadow edition on the v5.
But what did Esure think it was when the policy started?
I want to go back to The Olden Days, when every single thing that I can think of was better.....
(except air quality and Medical Science)
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