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BigTartanJudge

Not the best morning.....UPDATED 07/09/06 (TWICE!!)

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That's a pretty sh1tty situation mate... would it be worth having an off the record conversation with your insurers to see what they suggest?

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have you spoken to your own insurance about claiming on your own policy???,you just have to tell the non-fault recovery service that you thought they too would be basing the value of the car on the same value as your agreed value policy,you might have to pay a fee to them however for costs incurred but surely your insurance company can get billed that and then claim of the guy who did the damage

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Fight and fight and fight everything, don't accept any value they give to the car etc.. dispute it. I have had to do this twice. Once it went all the way to court, but in the end you will win and get what you deserve. Its a hassle, but don't roll over and let them take your money. Both times it took exactly a year to resolve, but both times I kept the cars and sold all the bits off them making a nice profit :)

 

Jay

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If the vehicle is REPAIRED by an the insurance company @ their cost it WONT be recorded as a cat C/D or similar as they have agreed to repair the value of the repair is meaningless.

The car will however be recorded as a cat C or D if you take a cash settlement (allow them to write the car off and take it away) where they will either pay you an agreed value for the car or they can pay you a percentage of the agreed value and allow you to keep the car in its current state (salvage retention).

I know how all this works, i deal in insurance salvaged motorbikes and work with insurers everyday. What i would suggest if i where in your position would be the second option above where you are given a cash settlement and allowed to keep the car to do whatever you like with.

If i can be of anymore help let me know,......................

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That's all well and good, but the other parties insurance company won't (I am 99 % sure) agree to repair it at their cost, as stated in my rant post above, because the repair cost (£2200) WILL be more than 50 % of the "estimated" current "market value" of the corrado. Hence that isn't going to be an option.

 

If they do record the corrado as CAT C/D I can put it back on the road at my own cost, but what would be the point when I wouldn't get back anywhere near what car would be worth when I came to sell it ? (meaning I would be even MORE out of pocket).

 

Yes I could come to an agreed value and then buy the car back of the insurers, break it and then try and recoup some of the money I have spent / will be losing but I REALLY don't want to have to do that as it would be soul-destroying and a complete hassle.....

 

L33RRR, I do appreciate the advice you gave, I am just a little frustrating at the quagmire of crap I have been left in by this guy and the claims / insurance company and the fact is at the moment I can't do anything about it.

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well maybe the best thing to do is claim off your own insurance company and take out a private action against the calibra driver and his insurance company for your losses...........speak to your insurance company and see what they advise........they'll know what they are able/capable of doing more than us

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isn't it your right to have your car returned to the condition it was prior to the incident, regardless of what the insurers want to do? i believe someone posted something to that effect a little while ago - and i think there was a case that set the precedence for that...

 

either way, good luck, and fight them all the way!

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Hmmmn,

 

Can anyone else remember this being discussed or have anymore information on it ? Would be interested in finding out more about this case, can anyone help ?

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I heard it somewhere... try trawling peppipoo or one of the other motorist's rights sites.

Did you sign anything for this "claim company"? If not, walk away, tell them you are putting it through your own insurer. Since it's *clearly* a 100% a not-at-fault incident (and the guy has a criminal charge to prove it), *and* the guy was insured, your insurer can claim all their costs back from the other guy's company, no questions asked.

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I seem to remember someone using the for sale adds on the forum as proof of how much their car was worth. Not sure if it worked though.

 

On the matter of the 3rd party claims company, surely you could claim breach of contract due to their failure to provide the promised spec of temporary vehicle and walk away?

 

As dr mat says you are 100% not at fault, so you would be claiming against his insurance, therefore your insurers will pursue a claim against them, to the value of your agreed value. This would leave your no NCB intact and you could more than likely take the little scum bag through the small claims court to reclaim any excess you have to pay.

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Not sure how much help this'll be but when the engineer came out to check my VR over he said he could tell it was a well cared for, well maintained car which was obviously worth more than basic market value due to its condition (pre accident!) I reckon this is much like any insurance claim, haggle with the buggers til you're blue in the face. if you have an agree'd value with your insurance company it seems insane that the 3rd party wont take that into consideration. My guess is that the engineer didnt even inspect the car properly... ffs mine had no airbox, no heater controls and a few other choice bits missing when he checked mine over and he still said it was worth more than basic market value. I think sometimes the engineers are a tad lazy.

 

good luck with it all, you must be feeling sick as a chip.

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On the matter of the 3rd party claims company, surely you could claim breach of contract due to their failure to provide the promised spec of temporary vehicle and walk away?

 

As dr mat says you are 100% not at fault, so you would be claiming against his insurance, therefore your insurers will pursue a claim against them, to the value of your agreed value. This would leave your no NCB intact and you could more than likely take the little scum bag through the small claims court to reclaim any excess you have to pay.

 

They should claim the excess back off the other driver's insurance, too.

 

As for the "breach of contract" bit, honestly, just tell 'em you changed your mind and cancel it. It's your car, you can do what you like with it.

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I think sometimes the engineers are a tad lazy.

 

I'd take exception with calling an insurance asessor an "engineer". This guy just looks at it and makes up a number. Are estate agents engineers?

 

People who design and fabricate things from raw materials are engineers.. People who swap parts are technicians..

The rest of us are on the third ark of the Golgafrinchams..

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As for the "breach of contract" bit, honestly, just tell 'em you changed your mind and cancel it. It's your car, you can do what you like with it.

 

Was thinking along the lines of them trying to get some money out of him for the supplied car, leg work done etc. As they haven't stuck to their side of the agreement claiming breach could provide a nice get out without any payment having to be made.

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UPDATE 16/06/06

 

Received a fax from motor vehicle assesors today which made me laugh out loud, then almost cry........they have valued my rado G60 at..........wait for it........£1280

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BigTartanJudge, :o and :o some more

 

The rest of us are on the third ark of the Golgafrinchams..

 

at least we'll have clean phones...

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WTF? Do they not take into account ANY of the modifications on your car mate?!!

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Struan,

 

Get yourself down the Citizens Advice Bureau.

 

There should not be any way in the world that you should lose out due to someone else's mistake...after all that is the point of insurance.

 

Just keep batting them back with their paltry offers.

 

May be worth speaking to your insurers as you have legal cover through your own insurance.

 

Chin up mate and be prepared for a long slog..so don't give in even if you can't see an end in sight, it will come eventually and will be worth it rather than losing out badly financially now.

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On the matter of the 3rd party claims company, surely you could claim breach of contract due to their failure to provide the promised spec of temporary vehicle and walk away?

 

As dr mat says you are 100% not at fault, so you would be claiming against his insurance, therefore your insurers will pursue a claim against them, to the value of your agreed value. This would leave your no NCB intact and you could more than likely take the little scum bag through the small claims court to reclaim any excess you have to pay.

 

They should claim the excess back off the other driver's insurance, too.

 

As for the "breach of contract" bit, honestly, just tell 'em you changed your mind and cancel it. It's your car, you can do what you like with it.

 

firstly sorry to hear about this... i would be just as p*ssed off as you are im sure.

 

i have to agree with these two quotes though. if you have an agreed value with your insurer then all you have to do is claim off your own insurance company for the repairs to the car. your insurance company will then persue the claim with the calibra driver's insurance company as well as act on your behalf to claim your excess back.

 

this way you will get the car repaired and you wont lose your NCB because your insurance company sees it as 3rd party fault. you will also be able to claim your excess back so although you will be temporarily out of pocket then you will get the money back in the end.

 

i have recently had an accident with an articulated lorry on a country road coming home from work and that is what i have done. my insurance company said that i could claim off them to get the repairs done to my car immediately and they would persue it with the 3rd party as the debt is then passed onto your insurance company. this means that your insurance company then holds the claim against the 3rd party adn they are responsible for getting money back that is owed to them rather than you having to go through all the hassle of trying to sort it yourself and being out of pocket........

 

sounds to me like your insurance claims department isnt doing their job properly as this was explained to me straight away with mine.......

 

i hope that helps a bit?

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haha, £1280? that's what I pay for gas every time I fill mine up :p A new corrado g60 sold for around.... £40000 in Norway anyways, and probably quite a bit in the UK as well. Best of luck.

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UPDATE 16/06/06

 

Received a fax from motor vehicle assesors today which made me laugh out loud, then almost cry........they have valued my rado G60 at..........wait for it........£1280

 

That's ****ing awful! :mad:

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How on earth can they justify valuing the car at £1,280? There is nowhere you would find a G60 of that caliber for that little!!!

 

Best bet would be to phone them and ask what they base that value on, as in the real world that is a ridiculous value, and your agreed value with your insurers is almost £4k higher!!

 

Remind the claims people they they are working FOR YOU, andif they dont match the agreeed value your going to pull the plug, no costs paid etc.. and use your own insurance company.

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£1280? Sh!t, you can sell a G60 engine without charger for almost that! :|

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UPDATED: 21/06/06

 

I've cancelled the claim with 3rd-party company and have started a new claim against the 3rd-parties insurance through my own insurance company. Basically I have to, through help of my broker, prove to the 3rd parties insurers that the vehicle is worth at least £4200 before they will repair it.

 

Hopefully with some help, I can get enough classified / forum ad's for similar car, together with photo's and receipts for work done to my car / parts fitted etc. as well as some written valuations from people that deal with corrado's etc. to prove the real value and get the car repaired.

 

Also I will lose my £450 excess and will have to pay that to the garage once repairs are authorised and completed. Then I have to try to claim the excess back from his insurers. The 3rd-party non-fualt company I was using are trying to sting me with a bill for the hire car and the engineers assesment / visit........I think not somehow.

 

The saga continues........

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Yay, today I got rid of the Kia Cerato cr4p hire-car back to Arnold Clark, and now got a Ford Focus 1.6 Ghia ZETEC from Auto Indemnity, ironically provided by the b ranch of Alamo-National Car Rental where I work ! Have been getting together photographs of my rado and it's associated parts together with classified adverts for last 3-4 months of corrado G60's with similar specs.

 

TBH, nothing I have seen comes even close to spec of mine but the adverts I have found are for like £3500-£4400. Plus I have the full Recaro interior which was £1500 option when new, and a whole heap of other work / parts that are worth even more. So should be able to get value of my car above the £4200 threshold to get it repaired.

 

Athough, I think it's pretty bad that I have to pay my excess of £450 before I get car back, leaving me out of pocket and then have to go through hassle and ringmarole of claiming it back. Surely, this should be paid direct to bodyshop by 3rd-parties insurers ??

 

The other problem as mentioned in previous post is that the last company are trying to sting me for hire-car costs and the cost of the enginerr's assessment / visit / report. Basically the terms and cond's state if the company cannot claim back costs of hire-car from 3rd-parties insurers then I am liable for the cost of the rental, WTF ?? And they want me to sign this paperwork before they try and claim back the cost from the 3rd-parties company, so effectively they have me over a barrel.

 

Hopefully I can get some reputable independant VW garages that regularly deal with Corrado G60's to write an independant valuation showing the true value, that way the 3rd-parties insurers cannot say the car is not repairable as not worth it. Would anyone be willing to do a valuation on here ?

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