@Shyster motor insurance company .... *!x&*.Does anyone know a good solicitor?...

RE: You are barkig up the wrong tree TeckyTyke

3 points..
1 the insurers state that they take on the claim on your behalf you are not at liberty to pursue the claim on your own

2 My insurance does include legal representation

3 When you say they have covered the terms of the insurance as the injured party, should I end up out of pocket to the tune of £000s? What I am likely to be offered and what I need to replace the loss with a similar car 2nd 3rd 3th hand.. whatever is miles apart. Fully comprehensive insurance it is not. I am not stating I MUST have a new car but insurance SHOULD indemnify me - look it up- so that I do not lose out. Don't forget I was not responsible for this accident. In the days before 'knock for knock' agreements I would have been free to pursue this claim on my own through a solicitor. Nowadays if my insurers pay out whatever they deem to be suitable and nowadays that seems to be TRADE value - and I am not in the trade - they consider it full and final settlement.

 

You need to go see a local solicitor tekky.

It is impossible to give firm advice without seeing all the paper-work which is why you need to actually go and see a solicitor to get firm advice. Plenty in town do half hours free advice.

As far as the insurer is concerned they are contractually bound to buy you a new car if you were registered as the new owner ... which you weren't. There really is nothing to gain by sounding off about this, it was there in your contract of insurance, you didn't read it at the time and to put it bluntly the law will have little sympathy for you there.

You are however entitled to the replacement cost of the vehicle at the time (ie- the cost to buy another similar vehicle with similar mileage etc) That doesn't mean that your insurers can pull a fast one by simply plucking a figure out of the air.

Why would you expect more from them? You lost a car with 1,300 miles on the clock so you should be entitled to the cost od replacing a similar car. Anything else and you are actually better off than before the accident!!

I'm afraid you have totally the wrong idea about insurance though, all they will do is pay out what they are contractually liable to, nothing more. If you want to take it further you would have to see a solicitor and let him or her decide whether he believes you have a claim against the garage or the third party who hit you.

But I doubt that you do. Provided your insurer stumps up to replace the vehicle lost (the cost of the replacement of a similar age/mileage etc not a brand new one) then you aren't out of pocket. If you haven't suferred a loss what are you going to sue for?

 

calm the **** down man

i give advice and you turn round with wild accusations.

the 3rd party insurers should indemnify you. however, you've bought the car as new yet it isn't. when you get paid out you will be paid out for a second car hand car, not as the 1st owner as you are NOT the 1st owner. Its bad news but true. Your V5 will show if you are the 1st reg owner or not. As you have bought a new car you will be technically out of pocket as you won't get reimbursed what you've paid. You could be paid up to 2 grand less than you would be if you were the 1st owner (unlikely but a possibility)

I've come across this practice a few times. Your difficulty comes in proving that the garage mislead, for which i wish you good luck. The garage will say you new and they will say that any discounts you were given were as a resulting of them registering the car.

Insurance practices - no they haven't slipped. your insurers have done nothing wrong. they clearly state that if you are the 1st registered owner they wll provide you with a like for like replacement if your car is a total loss within the 1st 12 months. You are not the 1st owner. it's **** but its the garage who's done it to you.

Your insurers will represent you. however indemnity as i'm sure you know is THE principal of insurance. no insurer will pay you out more than the car is worth and its worth less cos in effect you bought a 2nd class car. your out of pocket exepenses will be covered but this does not count for depreciation. this is for taxis and extra costs incurred by you as a result of having no car. Uninsured Loss Recovery which is generally between 16-20 quid will help speed this up provided you took this out when you set up the policy. They are not requred to get you a new car - they give you the money so you can make the choice. they pay you what its worth. many people buy different cars after total losses. also, the insurers do not want to be liable if anything goes wrong with the car they provide.

"You sound like a 'jobsworth' who has no concept of customer care (Call centre?) and lives to save as much money as possible for the company. Sad reflection on the current state of business in this country nowadays I'm afraid." ff

i've told you the truth. its not good news for you but every motor insurer works like this. it's not ideal but its also a stance the Financial Services Authority and before them the General Insurance Standards Council supported. I for one think its harsh but i don't wanna get your hopes up

 

RE: I did not get a 'big discount'.I bought the car in good faith as a NEW car...

"In any case putting all this aside why is my insurer not representing against the 3rd part insurer rather than fleecing me? how can you say they are right...Oh i forgot you work for an insurance company!!"

your insurers responsibility is to indemnify you, not to help you get money from the other insurers. They pay you in the 1st instance, then claim everything back from the 3rd party insurers. the essentials such as repairs and claims payouts are settled quicker this way. Remember, your contract with Liv Vic is for them to indemnify you in the event of a total loss or repair your vehicle. If the other insurers have admitted liability, your insurers will indemnify you and claim the money back from them. they won't try and get you more money than the car is worth. sorry

 

RE: Sorry I meant to reply to Jock...

"I think we are missing the point in many ways. The whole point was the 3rd party insurer should be where my battle lies. MY insurer should be getting the best deal for me not trying to worm out of re-imbursing me. The accident was not my fault and yet it is me who is paying the price. All I want is to end up in the same place I started with a car of same make model and spec, similar age (<3 months) 13OO miles. Not bothered how they do it! And you try getting a New FIAT PANDA with specific accessories at a discount dealers."

ideally yes they should but they don't need to. it's all about indemnity. they pay you out/repair your car then claim it back. they won't try and get you more than its due. if you're not happy with the settlement figure you are well within your rights to dispute it and i recommend you to do so. unfortunately you won't get a new car from them.

its ***** i know but i'm not gonna lie to you. your insurers are there to indemnify, not act like lawyers and get as much money as they can

 

almost

if you paid for uninsured loss recovery when you took at the pol, they will chase these up for you without the need for a solicitor at first.

cheers rtyke

 

RE: You are barkig up the wrong tree TeckyTyke

"I am not stating I MUST have a new car but insurance SHOULD indemnify me - look it up- so that I do not lose out."

technically and legally they are doing - they are paying you what the cars worth. why would they get you a brand new car when you bought a 2nd hand one? your car at the time of the accident wasn't worth what it was at new.

the 12 month 1st owner replacement is something nearly all insurers do to make their policies more attractive and to try and negate the terrible 1st year depreciation of the car value.

did you take out gap insurance from the dealer?

 

I sympathise with you there mate. Thats's never happened to me but from my experience with car insurance they'll shaft you whenever they can.

From what people are saying the dealership has been a bit sneaky and something's obviously amiss there. Car insurance - all they want is your money, and once they've got it they don't give a ****. Found that out on a few occasions.

Hope you get it sorted.

 

LOL

You bought a Fiat Panda and asked for extras then let your wife pick the colour....ff

 

My solution!

I would get back to the Fist manufacturers you bought the car off, explain what has happened & if they want to keep your custom maybe they will sort a deal out for you with the money you DO get from the insurance company?

Good luck!

 

you may already have a solicitor available to you!

If you have 'Legal Cover' on your home insurance (yes that's right your HOME insurance!) or possibly on your motor insurance although that sounds less likely, you can use that legal cover to pursue a case with a solicitor.

We used it for a constructive dismissal tribunal - the case you take up need have nothing to do with your home/house/buildings.

There was no excess to pay and it did not affect our no claims (it wasn't considered to be a claim on the insurance), however we were able to appoint a solicitor from a major firm in Leeds to fight our case.

So if you have evidence that the garage mis-lead you after they were recommended to you by FIAT, you might be able to take it up through the legal system at no financial risk to yourself.

If you've got that legal cover on your home insurance policy, just give them a ring and ask about how you access that advice.

 

Actually I would be happy..

to be given enough to replace my car with one of similar age spec etc... unfortunately the company have intimated that they are likely to pay out an amount that would leave me having to find a couple of thousand pounds to replace it with a car of similar age condition and mileage. The other problem of course is (and you may laugh) the Fiat Panda Eleganza is quite hard to get hold of with ESP, Hill holder etc. If I could locate one it will cost me around £7000-£7200 to get one with similar mileage etc. They are talking I believe of settling with my finance company around £5k. You tell me if that is fair! That is why i want to recover uninsured losses from the 3rd party. Oh and I am having to hire a car for my holiday week after next or cancel. Again why should I suffer for something a third party was responsible for. Let him pay (or his insurers)

 

Are you going to talk to the dealers

They are the ones responsible for this mess if they have sold you a pre-reg car and not made that clear. Your claim is with them. you'll get nothing for pursuing the third party insurers for uninsured losses if by that you mean the reduced value of the car. Any court will say that you've been paid for the car. It's not what you wanted but you've been paid for it, end of story.

The reason why you are getting less than you wanted is purely down to the fact that your dealers pre-registered the car. Chase them and them only.

 

error - wasn't meant to reply

 

no apology then?

don't mention it

 

Apologies to you...as you can tell I have not had the best of weeks..