Insurance settlement offer too low

overload99

Our hedge was recently damaged when it was hit by a drunk driver. It has since died. We contacted the driver's insurer and sent them quotes to sort out the damage. They've come back with a settlement offer but it's only about 10% of the value of the quotes. We can't afford the difference to sort out the damage which means we're left with a damaged/dead hedge through no fault of our own. Is there any way we can get them to reconsider their settlement offer? Thanks.

DullGreyGuy

overload99 said:

Our hedge was recently damaged when it was hit by a drunk driver. It has since died. We contacted the driver's insurer and sent them quotes to sort out the damage. They've come back with a settlement offer but it's only about 10% of the value of the quotes. We can't afford the difference to sort out the damage which means we're left with a damaged/dead hedge through no fault of our own. Is there any way we can get them to reconsider their settlement offer? Thanks.

As you are claiming against the third party insurer you dont have formal access to the complaints process and/or the ombudsman. 

All you can do is negotiate with them and if you ultimately cannot come to an agreement, go to court. Have they explained why they are only paying 10% of the cheapest quote? Presumably this isn't a basic typo where they've forgotten to put the last digit in hence 10%?

Mark_d

Have the insurers not explained why their settlement offer is so low?  I suspect the reason is that the insurance was invalidated on account of the driver being drunk, and hence the policy on payouts is different.  If you have legal cover under your home insurance then I would ask them for advice.

Keep_pedalling

Mark_d said:

Have the insurers not explained why their settlement offer is so low?  I suspect the reason is that the insurance was invalidated on account of the driver being drunk, and hence the policy on payouts is different.  If you have legal cover under your home insurance then I would ask them for advice.

That should not impact a 3rd party claim.

Keep_pedalling

Replacing a hedge can be done the fast, and very expensive, way with mature plants, or the slow way with younger plants which will take a few years to grow to to the thickness and size required. 

How much have you been quoted to replace the damaged hedge?

XRS200

Are the quotes to replace the whole hedge but only 10% is damaged?

DullGreyGuy

Mark_d said:
I suspect the reason is that the insurance was invalidated on account of the driver being drunk, and hence the policy on payouts is different.  If you have legal cover under your home insurance then I would ask them for advice.

Third party settlements are not impacted by drink driving, though the timescale for the settlement can be. Whilst the insurer can avoid the claim for their vehicle damage they are still the RTA insurer for third party losses. Ultimately their insured will be required to reimburse them but thats something that happens after and doesn't impact claim values. 

overload99

Thanks for the responses. The quotes are to replace the whole hedge because it's a well-established hedge that's been there for several years. The tree surgeons who came to look at it said that if we just replace the damaged section, it will never be the same and might not even grow. If it does, it will take years.

ThorOdinson

Shouldn't have to wait years for it to grow, with a lack of privacy and participate matter coming in.

XRS200

Their obligation us to indemnify you - reinstate the damage.  I doubt they will replace the whole thing.

You could probably claim on your own house insurance but I think the answer will be the same.

DullGreyGuy

overload99 said:

Thanks for the responses. The quotes are to replace the whole hedge because it's a well-established hedge that's been there for several years. The tree surgeons who came to look at it said that if we just replace the damaged section, it will never be the same and might not even grow. If it does, it will take years.

Well there is your first problem, a third party is going to argue that they are only responsible for replacing the damaged part not the whole thing and that as long as you buy the same variety of plant then in time it will look the same.

Its an argument lost with many people with fences and walls knocked down or bits of a rendered building hit, that the new bit will look out of place to the old and hence the full fence should be replaced or the whole building re-rendered. Having seen the initial results after repair, they are correct that it stands out but that doesn't cause them a loss and having leveraged Google StreetView a couple of times, 12 months later its much less noticeable  and inevitably will be invisible on a rather modest timeline.