possible declined insurance claim

Medis111

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? 

[Deleted User]

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.

Medis111

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.

Thanks for that, I was driving focus for 6 years and having a lot better job I was able to afford a BMW now. Doesn't make me a car expert in any way. Its not an M3/M4, 4 year BWM that looked nice in my opinion. I am not a boy racer in any way just wanted a nicer petrol car before we all go full electric. I hope insurance will take this into consideration and it won't have to be taken further. 

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? 

Sandtree

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. 

Medis111

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. 

Its Esure, and the way car was described is "M performance kit", its not a massive spoiler just a little boot lip. I've seen some at BMW when getting MOT done, didn't really think much of it. I always thought it was extra when building a car like you can have 17/19 inch wheel options and sunroofs etc.

Also, are there any templates that I can have a look to send a complaint to the insurer?

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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?

Sandtree

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. 

Its Esure, and the way car was described is "M performance kit", its not a massive spoiler just a little boot lip. I've seen some at BMW when getting MOT done, didn't really think much of it. I always thought it was extra when building a car like you can have 17/19 inch wheel options and sunroofs etc.

Also, are there any templates that I can have a look to send a complaint to the insurer?

It can be either, most insurers only want to know of things that happen after the car was built but Admiral are in the minority that want optional extras declared too.

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 kit

Medis111

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?

I know its shadow edition 3 series M Sport, its not M3/M4 if that's what you mean. I gave them the reg when swapped the cars and that was it. Didn't know it was modified in any way

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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.

Medis111

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.

It does say m sport shadow edition on the v5. I’m no expert in bmw either hence not declaring and to be completely honest I never even knew body kit modifications would have to be declared as it doesn’t increase performance. Thanks for your advice I will wait and see what happens next. 

facade

Medis111 said:

It does say m sport shadow edition on the v5.

But what did Esure think it was when the policy started?