Having been away (again) I've got back to the update from the repair centre:

written off due to uneconomical repair

needs new chassis (due to the rear x member being bent), rear door, wheel carrier and side panel (where the hinges go).

I asked what the reference to the gearbox was and he said that it would probably be damaged inside!!!!!!!!!

I told the insurance company tonight that I'm the victim and I want it back now! The only reason it is a write is because the repair centre think it's too old and requires too much labour!

Have to wait until Monday now. Until then the disco v6 hse is having some millage put on.

Stick it to them and make sure you get it back, hopefully with some extra money for your efforts to be spent on your holiday!


Lynall

Similar thing happened to me with one of our taxis. It was parked outside our garage unattended and some plonker ran into it damaging front bumper, wing, inner wing and associated lights. Plonkers insurance wanted to pay me a derisory fee which I refused 'cos I knew it wasn't a write off although they said it was. I told them point blank what I wanted which was double what they were going to give me and I said I wanted cab back. I too pointrred out that I was the victim and after a meeting with their assessor I got the bigger payout and my cab back. Cab was repaired and I had a nice lump left over. They also supplied me with a replacement loan cab (virtually bran new) so I could carry on working while it was all sorted out. So yes, keep digging at them - remember, they've got more money than you!

Cabbie said:

Similar thing happened to me with one of our taxis. It was parked outside our garage unattended and some plonker ran into it damaging front bumper, wing, inner wing and associated lights. Plonkers insurance wanted to pay me a derisory fee which I refused 'cos I knew it wasn't a write off although they said it was. I told them point blank what I wanted which was double what they were going to give me and I said I wanted cab back. I too pointrred out that I was the victim and after a meeting with their assessor I got the bigger payout and my cab back. Cab was repaired and I had a nice lump left over. They also supplied me with a replacement loan cab (virtually bran new) so I could carry on working while it was all sorted out. So yes, keep digging at them - remember, they've got more money than you!

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one thing i learn't insurance and taxi's use the lose of earnings claim the old man had a fleet and any problems lose of earnings would result in hire cab to replace car good pay out and keep car.

bluehaze said:

Having been away (again) I've got back to the update from the repair centre:

written off due to uneconomical repair

needs new chassis (due to the rear x member being bent), rear door, wheel carrier and side panel (where the hinges go).

I asked what the reference to the gearbox was and he said that it would probably be damaged inside!!!!!!!!!

I told the insurance company tonight that I'm the victim and I want it back now! The only reason it is a write is because the repair centre think it's too old and requires too much labour!

Have to wait until Monday now. Until then the disco v6 hse is having some millage put on.

Click to expand...

not 100% but as its a non fault claim you can insist on work being done because your not to blame for damage not sure but think it was ratty that said such quote.

Stick to your guns. They'll try to get you to be reasonable and see it from their point of view. Dont fall for it even the tiniest bit of ground given at this time means they'll keep pecking away at you. Its your motor and you're entitled to have it repaired properly at their expense. We all know that the cross member can be replaced but if they say it needs a new chassis who are you to argue? The law is on your side it just takes a bit of nerve to stand up to the insurance companies.

You really do need to make them give you what you want. You'd be driving about happily now if it wasn't for that! I'd like to know that some of the money I give the bastards will be going towards keeping a landy on the road!

Monday 27th update:

Phoned the insurance brokers who said that they had passed it onto the underwriters. Phoned the underwriters who said that they are waiting for me to arrange another inspection - this was organised for last Thursday. After an hour the underwriter said that it was not their responsibility and that they would support the figures given by the repair centre. Valuation £3100 and £5500 to repair.

Back onto the brokers saying that I'm the victim and want my vehicle back now in the condition that it was in. After another half hour I evently got through to the settlement cell. I expressed my annoyance at the figures quoted by the repair centre.

I've sent the settlement centre three adverts of vehicles in similar condition ranging from £5 - £6K. In addition, I've sent a quote from one one the main chassis companies to fit a new one and the price of a new door and wheel carrier.

See what lies and daft figures I'll receive tomorrow - definately feel like a victim now!!!!

Ridiculous... Rag that disco into next week! Good on you for holding your ground!

Dont forget to claim for your time and inconvenience to send them all these quotes. Include telephone calls, loss of earnings, postage, etc. Dont fall into the trap of doing their job for them. You've told them what you want. Now tell them when you want it. If still no joy instruct your insurance company to sue the driver personally. If she was driving for somebody else then also tell them to start proceedings against the owners of the van.

Update Tuesday 28:

Another fustrating day. I've returned the discovery and recovered my landy (we still have the wife's car and I cycle to work). The settlement cell called to say that the three adds I sent them are not representative of my landy and that they stand by the fact that my landy is only worth £3,100 and that they doubt that the work can be done for £3,750 (that's a new chassis fitted, rear door and wheel carrier).

I've sent them the quote for the parts and labour. Also have invited the assessor to my house to see it for himself. As well as the photographic evidence of the rebuild and the receipts.

I've told them that as they represent me they are to start court proceedings against the driver and the company that she works for in order to cover the additional costs to ensure that my vehicle is returned to me in the same state as it was in prior to her rear ending it.

Still feeling like the victim - no wonder people don't bother with insurance companies.

I've asked the brokers to start the complaints procedure.

Which company is the perpetrator of the accident insured with?

Nfu

Its frustrating to have to deal with them but the law is on your side. Now you've started the proceedings just dont budge unless they make you an offer you cant refuse. In my case the insurance company paid out double the book price just to get rid of me.

Keep records of all correspondence and dont agree to anything verbally. Make sure they put everything in writing. Their next trick will be to try and convince you that it is YOU being unreasonable. You'd expect this from the other party's insurance but be prepared for it to come from yours as well. Just remind them that you have a contract with them and that they represent your interests and to get on with it. Its what you pay them for.

Thanks Shifty

Hold on in there Bluey

They'll drive you insane and you'll feel like giving up - don't!

As Shifty says, stick to your guns, remain polite, reasonable but firm, and make sure you're consistent in what you tell them and ask for.

Haven't come across people being paid to go away (good old Shifty!), but eventually getting what you want (or damn close) does happen - it just takes a laod of perserverance, and escalating through the call centre staff (not their fault) to senior management/exec

It's all about finding who in the firm has the authority to negotiate and depart from the 'usual script'

If you're not already, do keep a decent diary of phone calls (dates/times/who spoke to/what discussed) as well as copies of all letters/emails)

I used to run the escalated complaints department for a major UK PLC, so have some knowledge as to what makes them take things seriously!

Good luck Pal

"Paid to go away" was my take on things. Real terms it was more cost effective to settle my claim properly than to continue arguing and for them to source an acceptable replacement motor. Truth be told I was not attached to the Volvo but I was determined to get what I was entitled to.

I told them to find a sutable replacement in terms of, age, spec, mileage, condition, service history, etc, and that whilst they were doing so they would be paying for the courtesy car. They tried arguing that because of the age of my motor (2001) that it would be virtually impossible to find a similar one with such low mileage (12k). I pointed out that my mileage was fully documented and verifiable via main dealer service history and MOTs so that was their problem not mine. Initially they offered me the car back for nothing and also the full trade book price but as it was in their own words "beyond economical repair" I told them the car was of no worth to me as I was not "in the trade".

They were also getting hassle from their client as I has instigated private proceedings against the driver who assumed that his insurance should cover him and was a tad p*ssed off to get the summons from my solicitor. I eventually (after some three months) got all my out of pocket expenses repaid - including the small claims court fees to lodge the claim against the other driver, virtually double the book price (retail not trade which is important as you will be paying retail prices for a replacement motor), and a written apology from both insurance companies including my own for delaying things unecessarily.

You should also consider threatening them with the financial ombudsman (who also deals with motor insurance complaints) but if you go this route they may call your bluff and you will have to go with the ombudsman's decision if it comes down on their side.

You've taken the hardest step which was deciding to stand up to the bully boys. Now it just takes patience and persistence.

Well said that man!

FOS is an option, but can take months, and from my experience (the PLC I work for is also FOS regulated!) they don't have a track record of high awards

Private proceedings against the driver (recognising she drove into the back of a stationary vehicle) is a cracking option - you can threaten it and not be committed to doing so

Any angles around the police prosecuting for driving without due care? did they attend?

Thanks guys - encouraging words.

Update Wed 29:

Phoned the settlement centre at lunch time to ascertain if they had received my email containing the quote for a new and fitted chassis. Also the cost of a new rear door and wheel carrier. The bloke on the phone said that it was in the queue and would be considered in due time. I said that I wanted it considered today and that I want to speak to someone who has the authority to negotiate (thanks Shifty and SH). He replied that that wasn't an option. So I replied get a senior manager or executive to call me back by the end of the day.


About 4 the day manager from the brokers called. He had received a letter from the complaints organisation on my behalf. He was really helpful and full of apologies. He said that he had talked to the settlement centre and that he had adviced them to review their figures. We had a good chat about my landy and why I think it is worth more than the £3,100 that they are quoting. He said that he'd call me back tomorrow.

Shortly afterwards the manager of the settlement centre called me. Once again we talked about why I think my landy is worth more than his assessor does. Also he wanted to know why I was able to get a quote for a new chassis, door and wheel carrier at over £2k less than he could do it. He then asked if I'd be prepared to accept a lowr write off catagory (cat D) in return for a higher vehicle estimate - I said that I would be prepared to review an offer as long as it covered the cost of the repair and was made in writing. He said that he would speak to the senior assessor and call me back tomorrow.

Still feel like the victim but at least a seem to have talked to the right people.

Thank you everyone for the kind words and advice.

This suggests that they are beginning to realise that you wont just go away and that it will be more cost effective to deal with your claim sensibly. Wait until you see what they are offering in writing but dont think they are doing you a favour just yet. Your motor, whatever the outcome, will still have a write off marker against it which may affect any resale value in the future. You also need to ask them how they can just change the degree of damage (ie the write off category) to suit. Its not supposed to be a bargaining game. The damage is what it is. If they agree to giving it a less severe marker (X is your best bet as it will have to have one when they pay out) get then to detail the damage and why the marker in writing.

At this point my next move would be to get them to agree that your quotes are realistic compared to their "beyond economic repair" ones and that they will pay for the motor to be repaired by your bodyshop at the prices quoted. They save money, you get a proper job at a proper price, and everybody is happy-ish.

It should be you asking them why their repair quote is much higher than yours especially as they have some influence over who they give the work to and they get negotiated preferential rates in return for repeat business. Not the other way round. Being a cynic I'd argue that it is easier for them to give it a Cat C marker and pay the book price even if that is not the case. Most peeps think that they have to accept what the insurance assessor (loss adjuster but the insurance company will never admit that) says. B*llsh*t. He's just some paid lackey employed to save them money at your expense. Dont forget that you can also summon the assessor (loss adjuster) to court to justify his findings which I garantee he will not be happy about. Especially when you ask him what his professional qualifications are in open court.

For info:

* Category A - Must be crushed. All of it.

* Category B - Vehicle may not be returned to road but parts may be sold.

* Category C - Repairable. Significant damage. Cost of the repair is more than book value of vehicle at dealer rates. This is their favourite option.

* Category D - Repairable. Probably non-structural damage. May have been economic to repair, but insurer doesn't want to. The clincher is in the last part of the sentence.

* Category X - Repairable. Minor Damage