Car Insurance Repair issue due to prior damage - Vehicle now stranded at the body shop

Dcfc99295

Hi there,

                I have a bit of a strange situation with a vehicle in the household, and I am unsure how to proceed.

 

Basically, the vehicle was involved in a minor mishap at a patrol station where someone reversed into the car.  The damage was minor, scuff on the bumper, and the sides where it’s clipped in popped out, along with a bit of trim.

 

The other party accepted liability, their insurance company (LV) collected the car and sent it to the body shop.

 

All was fine, until the body shop removed the bumper.  The car was purchased as a prior cat S, and the body shop are saying they cannot repair the damage due to prior damage and poor repair.  I’ve never had the bumper off, so can’t add to the condition behind it.  Cosmetically, the vehicle was fine prior to this, from the visible parts of it, at least.

 

The other party insurer basically said they cannot repair the new damage, and would be closing the claim.  On top of this, the vehicle is at the body shop, who now will not put the bumper back on.  In effect, it’s stranded at a body shop a few towns over, and I don’t really know what to do.  Our insurer (Sheila’s Wheels) are refusing to open a new claim, as the third party insurer was dealing with it, and apparently they T&C’s are that if we allow the third part to run with it, then they simply won’t open a claim after the date (they say this was advised, I am not so sure, but we shall see, a complaint is in for them to review the calls).

 

I don’t really know what to do now, neither insurer is willing to help, the car is in bits, and the hire car provided by the insurance will presumably need to be returned very soon.

 

The insurer was never asked to repair previous damage (had no idea about it), but now they’re refusing to even touch the new damage or put the car back together…

 

I’m just really looking for some advice whilst the insurer complaint goes through… should I also raise a complaint with the third party insurer for leaving the car effectively stranded?

 

Thanks!

DullGreyGuy

They should return the vehicle and provide a cash in lieu settlement for the value of the repairs given they cannot effect the repairs due to the pre-existing damage. 

paul_c123

How about a trip to Ullapool with the hire car? Every day until its resolved?

Dcfc99295

paul_c123 said:

How about a trip to Ullapool with the hire car? Every day until its resolved?

It's a bit rubbish on fuel to be honest, although the petty part of me would love to!

Dcfc99295

DullGreyGuy said:

They should return the vehicle and provide a cash in lieu settlement for the value of the repairs given they cannot effect the repairs due to the pre-existing damage. 

I hadn't considered that, that would at least allow me to get it somewhere that will put it back together!

I don't mind if they've found pre-existing damage I didn't know it was there, it's only right they wouldn't pay for that, of course - but at a minimum I'd expect it to be put back in condition, not left in bits and a simple, 'Nah, that's out lot, case closed'...

DullGreyGuy

Dcfc99295 said:

DullGreyGuy said:

They should return the vehicle and provide a cash in lieu settlement for the value of the repairs given they cannot effect the repairs due to the pre-existing damage. 

I hadn't considered that, that would at least allow me to get it somewhere that will put it back together!

I don't mind if they've found pre-existing damage I didn't know it was there, it's only right they wouldn't pay for that, of course - but at a minimum I'd expect it to be put back in condition, not left in bits and a simple, 'Nah, that's out lot, case closed'...

It may not be possible for them to reassemble it or it may cause more damage to reassemble it which would then cost you more in the long run. They should however return it. 

With a CiL settlement they may pay the repair costs less VAT with an agreement that they will pay the extra 20% upon receipt of a repair invoice with VAT up to or above the absolute value of the VAT. Ultimately VAT money is not yours or the garages but HMRCs

Dcfc99295

DullGreyGuy said:

Dcfc99295 said:

DullGreyGuy said:

They should return the vehicle and provide a cash in lieu settlement for the value of the repairs given they cannot effect the repairs due to the pre-existing damage. 

I hadn't considered that, that would at least allow me to get it somewhere that will put it back together!

I don't mind if they've found pre-existing damage I didn't know it was there, it's only right they wouldn't pay for that, of course - but at a minimum I'd expect it to be put back in condition, not left in bits and a simple, 'Nah, that's out lot, case closed'...

It may not be possible for them to reassemble it or it may cause more damage to reassemble it which would then cost you more in the long run. They should however return it. 

With a CiL settlement they may pay the repair costs less VAT with an agreement that they will pay the extra 20% upon receipt of a repair invoice with VAT up to or above the absolute value of the VAT. Ultimately VAT money is not yours or the garages but HMRCs

Understood, and I do appreciate you taking the time to reply to my query.  I think a compliant to LV to get the case reopened is in order, and go from there.

Ta awfully.

born_again

Did you know this was a Cat S when purchasing?

DullGreyGuy

Dcfc99295 said:

DullGreyGuy said:

Dcfc99295 said:

DullGreyGuy said:

They should return the vehicle and provide a cash in lieu settlement for the value of the repairs given they cannot effect the repairs due to the pre-existing damage. 

I hadn't considered that, that would at least allow me to get it somewhere that will put it back together!

I don't mind if they've found pre-existing damage I didn't know it was there, it's only right they wouldn't pay for that, of course - but at a minimum I'd expect it to be put back in condition, not left in bits and a simple, 'Nah, that's out lot, case closed'...

It may not be possible for them to reassemble it or it may cause more damage to reassemble it which would then cost you more in the long run. They should however return it. 

With a CiL settlement they may pay the repair costs less VAT with an agreement that they will pay the extra 20% upon receipt of a repair invoice with VAT up to or above the absolute value of the VAT. Ultimately VAT money is not yours or the garages but HMRCs

Understood, and I do appreciate you taking the time to reply to my query.  I think a compliant to LV to get the case reopened is in order, and go from there.

Note that as you are not their customer then you are free to complain, as anyone can to anyone, but there are no statutory protections and no right to go to the Ombudsman if you dont like their response. 

Mildly_Miffed

Dcfc99295 said:

Basically, the vehicle was involved in a minor mishap at a patrol station where someone reversed into the car.  The damage was minor, scuff on the bumper, and the sides where it’s clipped in popped out, along with a bit of trim.
...
All was fine, until the body shop removed the bumper.  The car was purchased as a prior cat S, and the body shop are saying they cannot repair the damage due to prior damage and poor repair.
...
The insurer was never asked to repair previous damage (had no idea about it), but now they’re refusing to even touch the new damage or put the car back together

I'm taking a not-terribly-wild guess here...

The back of the car behind the bumper skin is still bent and battered, and the bumper was held on with a couple of big splodges of tiger seal or similar, instead of the proper clips, because the clips simply won't fit.

The bodyshop are unwilling to do a similar bodge, because they know it's got a very good chance of coming back to bite them.

The work required to fit the bumper back on properly is simply not this insurer's problem.

You are (at best) due your car back with a nicely painted new bumper sat on the back seat in some bubble wrap.

angrycrow

The insurer could legitimately advance an argument that no loss has been incurred by the accident. Immediately prior to the accident the car was effectively an unrepaired cat s total loss so it's value was whatever it's salvage value was, say around 20% to 30% of it's retail value non damaged. After the accident the car remained an unrepaired cat s total loss with the same salvage value. In effect there is no financial loss to the OP and therefore no valid claims. 

Ask them nicely to return the car and they might stick it on a truck back to you just to get it off the repairers yard.

This is the gamble with buying previously written off cars. Unless you know what you are looking for you have no idea if it has been properly repaired or bodged