Non fault insurance claim

portchieboy

So, got t boned last Tuesday week, denting orr scratching 2 doors and 2 panels on 10 year old Corsa. The other driver has admitted fault, and insurance company acknowledged this. Both of us are insured with Aviva. The car was collected by Copart last Friday week. At that time we told all concerned that we were to be away until the 23rd, but contactable by email. All agreed. Here we are a week later, and despite a chaser no word from Copart. We therefore don't know if a repair or a write off, though I would assume the latter. Question is, if the car is written off, but given a low value, can we claim against the other insurance for the difference between that and a true replacement cost. Also, are these time scales normal? Any advice on negotiating please if offered low value? Any other advice welcome, we have never been here before, despite 50 years driving each! Thanks  Btw, out of country, cannot make phone calls, but can email and WA.

Aretnap

portchieboy said:

Question is, if the car is written off, but given a low value, can we claim against the other insurance for the difference between that and a true replacement cost. 

Not really. I suppose in theory the third party insurer remains liable up to the market value, but if you think your own insurance offer is below the market value you are much better of raising a complaint with your own insurer for a couple of reasons:

(1) If you can't agree on the value with your own insurance company you can use the insurer's complaints procedure, and then if your still not happy the Financial Ombudsman service which is free (to you). Whereas if you can't agree a value with the third party insurer you can't use the FOS as you are not their customer - your only recourse is to court. 

(2) The FOS puts a thumb on the scales of justice in the customers favour in a way that the courts don't. For example the FOS insists that the valuation that an insurer uses is the price that it would cost to buy an equivalent car from a reputable dealer. I know of no case law that says that the courts would have to award you anything more that the private sale price from the third party instead. 

You can of course still claim your excess from the third party insurer, if your own insurance doesn't waive it, which sometimes they will in a clear no fault accident.

(If you and the other driver are both insured by Aviva then the terms "your insurer" and "third party insurer" obviously become a little confusing but in principle nothing about the process changes. There will be a department representing you and dealing with the claim you make under your policy, and a department representing the other driver dealing with the third party aspect of the claim, and you can complain to the FOS about what your department dues but not about what the other driver's department does.)

Aretnap

portchieboy said:

We therefore don't know if a repair or a write off, though I would assume the latter. 

Certainly it won't take a lot of damage to write off a 10 year old car. Especially as the insurer will be pricing a comprehensive repair with new parts, a respray to ensure a perfect colour match etc, and allowing for the possibility that the garage will find more damage than they thought at first after they start working on the car.

I'd the damage is relatively minor and you are happy with the car an alternative is to ask if you can keep the car and fit the insure to deduct the scrap value from the write-off cheque. Then you can get it fixed yourself - and if you are happy to use second hand parts, leave an imperfect colour match out just put up with a few dents then you could have a functioning car and money left over afterwards.

Obviously depends on the extent of the damage and whether your insured is willing to let you buy back the salvage (not all will, but maybe do).

Mildly_Miffed

If it's gone to Copart, that's all the answer you need on "repair or write off". It's dead.

Two door skins, two wings, on a 10yo Corsa? No way they're going to pay for that, even before the possibility of pillar and suspension damage.

You are owed the value of the car.

DullGreyGuy

portchieboy said:

So, got t boned last Tuesday week, denting orr scratching 2 doors and 2 panels on 10 year old Corsa. The other driver has admitted fault, and insurance company acknowledged this. Both of us are insured with Aviva. The car was collected by Copart last Friday week. At that time we told all concerned that we were to be away until the 23rd, but contactable by email. All agreed. Here we are a week later, and despite a chaser no word from Copart. We therefore don't know if a repair or a write off, though I would assume the latter. Question is, if the car is written off, but given a low value, can we claim against the other insurance for the difference between that and a true replacement cost. Also, are these time scales normal? Any advice on negotiating please if offered low value? Any other advice welcome, we have never been here before, despite 50 years driving each! Thanks  Btw, out of country, cannot make phone calls, but can email and WA.

Copart only deal with write offs so there is no question there.

The only difference between the total loss settlement and the "true replacement price" should be your excess. Given its a blue on blue case it would be surprising if they dont waive your excess in the circumstances. 

Different insurers have different processes for write off, some want all the paperwork first then deal with it, others prefer to settle and move on. Our target used to be 8 days for a total loss settlement, some were quicker, some were longer. Clearly if you need the V5c, spare keys etc before starting the process it is very dependent on how quick the customer is

Given you can get email then you do have internet. Would suggest looking into a VOIP, given it's what all home phones are becoming now. Same cost to call somewhere no matter in the world where you are. If you can find a freephone number for Aviva's claims you could just sign up for one without a standing charge and call them.