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  • FIRST POST
    • nubbz
    • By nubbz 5th Mar 18, 1:20 PM
    • 11Posts
    • 1Thanks
    nubbz
    Car went into the back of me, what can I claim?
    • #1
    • 5th Mar 18, 1:20 PM
    Car went into the back of me, what can I claim? 5th Mar 18 at 1:20 PM
    Hello guys!

    Recently a car went into the back of me and done the back end of my e36 bmw good.
    Insurer is coming Wednesday to probably confirm it is a write off...
    What I want to know is what can I claim for?

    I'm using the insurance of the guy who hit me as he has admitted full liability. Problem is my e36 is a 20 year old car so I have a feeling I am going to get stitched up on the valuation..

    I paid about £1000 for it but its only done about 80k miles and was mint!
    Thing is though I spent over £1000 servicing it and putting new tyres and brakes on it less then 3 months ago. Can I claim back the cost of getting the car serviced as it's obviously going to go to waste now.

    Also if I disagree with the price they give me how long can I contest it for? Also if I contest it do they have to provide me with a courtesy car until I agree on a valuation.
    I have been given a courtesy car until the end of the week which is when I presume they will give me a settlement but I just want to make sure if I refuse the offer for being to low they have to provide me with a car until we can reach an agreement.

    Also is there anything else I can claim for?
    I'm a youngish driver (26) and this is my 1st year of having car insurance so no doubt my premium will sky rocket even though im not claiming on my own insurance.. Can I claim back the cost of an increased insurance premium?
Page 2
    • agrinnall
    • By agrinnall 6th Mar 18, 4:25 PM
    • 20,335 Posts
    • 16,088 Thanks
    agrinnall
    ...you have little option but to use every option available to put yourself in the same pre accident position.
    Originally posted by caprikid1
    Which non-fraudulent options are you thinking of?
    • AdrianC
    • By AdrianC 6th Mar 18, 4:45 PM
    • 17,602 Posts
    • 15,967 Thanks
    AdrianC
    "Great - so we're all agreed that if the OP really does have whiplash, then they're due compensation for that, but if they don't, then it shouldn't even be mentioned. And all they're due is the pre-collision value of their £1k 20-25yo BMW. "


    If that's what you are happy with then fine, personally if someone trashes my pride and joy through not paying attention not sure why I should tolerate some desk jockey looking an outdated glasses guide that has no ability to assess the value of a car over 10 years old where condition , miles and service history can make a enormous difference in value and resale value. Sorry but when dealing with insurance claims on old cars and the fraudulent way insurance companies act you have little option but to use every option available to put yourself in the same pre accident position.
    Originally posted by caprikid1
    Yes, that's what the pre-collision position is.

    You had £1k of car. The car no longer exists. You have £1k cash instead.

    It's hard to see how you're suggesting anything BUT fraud, whether you want to acknowledge it and call it by its proper name, or whether you want to be in denial.
    • nubbz
    • By nubbz 6th Mar 18, 8:00 PM
    • 11 Posts
    • 1 Thanks
    nubbz
    I got the car for 1k. I spent over 1k on it close to 2k on it.
    If I didn't do the jobs on it, the car would still be worth about 1k.

    An example. Car is worth 1k before accident. I don't do the £1000+ in servicing to the car, I then have an accident. Insures go because you didn't service the car it is valued at £0. That wouldn't happen.





    Maybe it is my own fault. For peace of mind I got everything done and done correctly. The way I see it is I am being punished for properly maintaining an old car and I don't see how I will be back in the same position as before the accident.

    Think I am just rambling dunno if it made sense.
    • Potbellypig
    • By Potbellypig 6th Mar 18, 8:40 PM
    • 190 Posts
    • 84 Thanks
    Potbellypig
    You'll get minimum £1500 for whiplash. Don't need to get a doctors note or anything like that either. Google it - you'll be grand.
    • glentoran99
    • By glentoran99 7th Mar 18, 7:44 AM
    • 5,337 Posts
    • 4,519 Thanks
    glentoran99
    You'll get minimum £1500 for whiplash. Don't need to get a doctors note or anything like that either. Google it - you'll be grand.
    Originally posted by Potbellypig


    Must be different in England but I was sent to a specialist for assessment
    • AdrianC
    • By AdrianC 7th Mar 18, 7:55 AM
    • 17,602 Posts
    • 15,967 Thanks
    AdrianC
    You'll get minimum £1500 for whiplash. Don't need to get a doctors note or anything like that either. Google it - you'll be grand.
    Originally posted by Potbellypig
    And where do you sit with advice like this, caprikid1?
    • treboeth
    • By treboeth 7th Mar 18, 9:38 AM
    • 1,089 Posts
    • 1,232 Thanks
    treboeth
    And where do you sit with advice like this, caprikid1?
    Originally posted by AdrianC
    Does it come under the heading of :-
    victimless crime
    It's free money
    everyone does it

    There's probably a few more as well.
    P's meoff as we all pay extra for this endless pot of cash paid out.
    • caprikid1
    • By caprikid1 7th Mar 18, 10:50 AM
    • 598 Posts
    • 599 Thanks
    caprikid1
    Sorry not sure where I have ever said claim for whiplash, I have had two or three cars run into the back of me over the years and have never claimed whiplash.


    I won't tolerate being in a worse pre accident position though. That's the game with insurance companies to try and pay as little as possible and make as much money from referals etc.
    • worried jim
    • By worried jim 7th Mar 18, 11:00 AM
    • 9,227 Posts
    • 14,229 Thanks
    worried jim
    Whiplash..
    Originally posted by Potbellypig
    Whipcash. .
    "Only two things are infinite-the universe and human stupidity, and I'm not so sure about the universe"
    Albert Einstein
    • agrinnall
    • By agrinnall 7th Mar 18, 1:42 PM
    • 20,335 Posts
    • 16,088 Thanks
    agrinnall

    I won't tolerate being in a worse pre accident position though. That's the game with insurance companies to try and pay as little as possible and make as much money from referals etc.
    Originally posted by caprikid1
    You still haven't explained how you would do this without introducing an element of fraud into your claim.
    • AdrianC
    • By AdrianC 7th Mar 18, 1:47 PM
    • 17,602 Posts
    • 15,967 Thanks
    AdrianC
    You still haven't explained how you would do this without introducing an element of fraud into your claim.
    Originally posted by agrinnall
    Or, indeed, what the problem is with replacing a car with a market value of £1k with £1k of cash, and why £2k of cash is needed to be "fair".
    • cajef
    • By cajef 7th Mar 18, 1:51 PM
    • 4,769 Posts
    • 3,814 Thanks
    cajef
    Well according to caprikid1 he has two or three cars run into the back of him and it would appear that he has made some dubious claims, just waiting for his post when he has insurance cancelled and has to pay a large amount to get someone to insure him in the future.
    I used to have a handle on life, but it broke.
    • caprikid1
    • By caprikid1 8th Mar 18, 9:40 AM
    • 598 Posts
    • 599 Thanks
    caprikid1
    Well according to caprikid1 he has two or three cars run into the back of him and it would appear that he has made some dubious claims, just waiting for his post when he has insurance cancelled and has to pay a large amount to get someone to insure him in the future.
    Originally posted by cajef


    Another internet keyboard warrior....


    Nothing dubious.


    Simple, my car gets ran into , its a classic car, panels unavailable to a normal body shop, repair cost could be thousands. Insurance company knows that hire car costs and potential whiplash etc etc can run into many thousands if I were to claim through the normal accident management scam merchants.


    I make a simple offer to the insurance company of X and say I will get my car repaired at my leisure and there will be no other claims and we will close the case.


    I put it to you that 90% of whiplash claims are dubious. I am merely making an offer to settle a claim.


    Clearly you do not know how insurance works or how the law works.


    I am actually claiming for far less that the average Jo Public who gets ran into , so why is my claim dubious. In one case the insurance company looked at the extent of the damage to my car and did not even want to inspect it, the person that hit it admitted full liability. In that case they did not even come and inspect the car. I think they sent a cheque in about 10 days !.
    • AdrianC
    • By AdrianC 8th Mar 18, 9:48 AM
    • 17,602 Posts
    • 15,967 Thanks
    AdrianC
    Nothing dubious.

    Simple, my car gets ran into , its a classic car, panels unavailable to a normal body shop, repair cost could be thousands. Insurance company knows that hire car costs and potential whiplash etc etc can run into many thousands if I were to claim through the normal accident management scam merchants.

    I make a simple offer to the insurance company of X and say I will get my car repaired at my leisure and there will be no other claims and we will close the case.
    Originally posted by caprikid1
    And how does that £X settlement relate to the value of the car?
    Is the car on a classic policy?
    • caprikid1
    • By caprikid1 8th Mar 18, 9:56 AM
    • 598 Posts
    • 599 Thanks
    caprikid1
    For the vast majority of claims the costs will be made up of.


    1. Repairs to Car A
    2. Repairs to Car B
    3. Administration
    4. Claims Management Profit
    5. Hire car costs of A&B
    6. Dubious injury claims.
    7. Allowable expenses
    The value of the car these days often is one of the smaller elements in the list above.
    All I am saying is that if you offer a sensible amount they will bite your hand off if it is fair.
    Insurance companies won't close a claim on a 10K offer against a £500 car. They may quite happily close a claim on a 1.5K offer though.


    Many people with cars in lovely condition get screwed by insurance companies using book value as it is often impossible to replace an exceptional no expense spare car at book values.
    • caprikid1
    • By caprikid1 8th Mar 18, 9:58 AM
    • 598 Posts
    • 599 Thanks
    caprikid1
    I should add that it is better to settle via the third parties insurer. Inform your own then deal direct with the third party, they will be much more keen to resolve it quickly/
    • Mercdriver
    • By Mercdriver 8th Mar 18, 10:36 AM
    • 1,677 Posts
    • 1,136 Thanks
    Mercdriver
    Well according to caprikid1 he has two or three cars run into the back of him and it would appear that he has made some dubious claims, just waiting for his post when he has insurance cancelled and has to pay a large amount to get someone to insure him in the future.
    Originally posted by cajef
    I don't see any grounds in anything that caprikid has said for slander. He isn't the one suggesting that OP use the whiplash claim.
    • AdrianC
    • By AdrianC 8th Mar 18, 10:42 AM
    • 17,602 Posts
    • 15,967 Thanks
    AdrianC
    I don't see any grounds in anything that caprikid has said for slander. He isn't the one suggesting that OP use the whiplash claim.
    Originally posted by Mercdriver
    No, but he is suggesting that the insurer should be leant-on to pay more than they are contractually obliged to pay - which is the immediately pre-collision fair market value of the car.
    • caprikid1
    • By caprikid1 8th Mar 18, 10:52 AM
    • 598 Posts
    • 599 Thanks
    caprikid1
    No, but he is suggesting that the insurer should be leant-on to pay more than they are contractually obliged to pay - which is the immediately pre-collision fair market value of the car.
    Originally posted by AdrianC
    No I am suggesting you lean on them to get the pre-collision fair market value of the car.


    You buy a car from a main dealer and 10 days later it gets written off.


    What does the company TRY and offer


    1. Price you paid
    2. Private Sale
    3. Trade in value


    I suggest that in the vast majority of incidents it will be 3. Fair ?


    The insurance company has to put you back in the same position as you were pre accident IE as if it had never happened. You cannot replace a car at trade price.
    Last edited by caprikid1; 08-03-2018 at 12:19 PM.
    • Car 54
    • By Car 54 8th Mar 18, 12:28 PM
    • 3,029 Posts
    • 1,898 Thanks
    Car 54

    What does the company TRY and offer


    1. Price you paid
    2. Private Sale
    3. Trade in value


    I suggest that in the vast majority of incidents it will be 3. Fair ?
    Originally posted by caprikid1
    The answer, according to the Ombudsman, is actually 4:

    "This generally means the price it would have sold for at a reputable dealership just before it was damaged or stolen.

    To decide whether an insurer's valuation is reasonable, we compare it with prices in specialist motor trade guides - called Parkers', Glass's and CAP. Weíll generally look to see if the insurerís valuation is in line with what the guides say

    We might also use engineers' reports to help us decide whether the insurer's valuation is reasonable. These can give useful information about the condition of the vehicle. We don't usually find adverts helpful to judge a vehicle's value, because the selling price usually turns out to be lower. But they may be if the carís a classic or rare model."
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