Massively out of pocket after no fault claim

QrizB

You're going to have to buy something within an hour of Aberdeen, then. Good luck.

bluphoto

QrizB said:

You're going to have to buy something within an hour of Aberdeen, then. Good luck.

thanks. I can't see anything on Autotrader within the budget set by the insurer though - so I guess I'll just have to hang on to their hire car until something comes up.

Isthisforreal99

bluphoto said:

QrizB said:

You're going to have to buy something within an hour of Aberdeen, then. Good luck.

thanks. I can't see anything on Autotrader within the budget set by the insurer though - so I guess I'll just have to hang on to their hire car until something comes up.

Can't see them letting you retain the car much longer.

bluphoto

Isthisforreal99 said:

bluphoto said:

QrizB said:

You're going to have to buy something within an hour of Aberdeen, then. Good luck.

thanks. I can't see anything on Autotrader within the budget set by the insurer though - so I guess I'll just have to hang on to their hire car until something comes up.

Can't see them letting you retain the car much longer.

indeed. As long as they give me time to find a suitable replacement.

strawb_shortcake

When my car was written off, I seem to recall I was paid on a Friday lunchtime and my hire car was expected to be back that evening. Any longer and I fully expect any additional costs would have fallen to me.

I can appreciate where you are coming from, my parents car was written off years ago a week after they paid £800 ish to get it through MOT, they are still a bit bitter when the conversation comes up. Unfortunately; like them I think your expectations are somewhat high.

I hope you are able to find a replacement car soon

ThorOdinson

Have you tried offering some of the higher priced ones what the insurance company wants to pay? They expect you to pay less than the advertised price.

luci

I am pedantic like you and will fight to the death when I know I am right about something. Years ago, a solicitor more or less told me I was going to have to accept paying more for kitchen units, after the original supplier stopped supplying them before fulfilling my order. I carried on fighting for the difference in price of getting them elsewhere and eventually won.

However, I will very reluctantly accept the situation, if I have asked for advice and exhausted all options, even if I think it is grossly unfair.

It doesn't matter what you want or what you think you are entitled to. It is what you are legally entitled to that you have to accept, whether you like it or not.

It is obvious how much this is affecting you, but until you accept the actual situation, rather than demanding what you think you should get, you are going to make yourself ill.

MyRealNameToo

bluphoto said:

The ONLY solution that I will be happy with is to be back in the same position that I was before the accident - not the same VALUE, but the same ACTUAL position - with a car that will last me for many years to come. 

I will not tolerate being a penny out of pocket and if the insurer won't pay for that then I believe that means that the policyholder is underinsured.

In what world is it morally right for me to be in this position? We simply cannot affort to put any more money into this.

Their customer was not under insured, their role both legally and contractually is to protect their customer from loss which they are doing by managing your claim against them. 

Whilst I won't profess to be legal genius in any jurisdiction and certainly not Scotland, I've dealt with thousands of cases with a reasonable proportion of those from Scotland. Many people claim their car, computer or whatever was special and was worth more than any other example. Their solicitors and/or the courts overwhelmingly didnt agree. 

Morals are fluid and the world fundamentally isnt fair. Millions are much worse positions than having a car they recently did up written off. 

XRS200

bluphoto said:

The ONLY solution that I will be happy with is to be back in the same position that I was before the accident - not the same VALUE, but the same ACTUAL position - with a car that will last me for many years to come. 

It is widely accepted  that paying you the pre accident value is indemifying you.

With the best will in the world, no one can provide a car that you know will last many years.

Smithcom

bluphoto said:

Isthisforreal99 said:

bluphoto said:

QrizB said:

You're going to have to buy something within an hour of Aberdeen, then. Good luck.

thanks. I can't see anything on Autotrader within the budget set by the insurer though - so I guess I'll just have to hang on to their hire car until something comes up.

Can't see them letting you retain the car much longer.

indeed. As long as they give me time to find a suitable replacement.

How badly damaged is car?    Could it be repaired by a little independent garage that may be cheaper than a main dealer?

By all means, push back to the insurer, but ultimately, they will not pay more than the market value, whether under Scottish Law or otherwise.  You've invested money in the car, which is understandable because you know the history of it.  As I said before, the car was worth more to you, than to someone else.

The matter is less of an insurance one, and more of a legal one.  The 3rd party insurer will indemnify their policyholder, to the extent of the law.

I do hope that you get this matter resolved, to the best extent possible

Good luck

SC