Claiming from 3rd Party

ch750536

Claiming for a new car from a third party, their insurance has admitted liability.

Now trying to haggle a value.

I bought the car in June this year for 1300 + 92 Corolla (400)
NCT 01/09
New tyres
Carrina 1.6 EFi

Nice clean car. 160k miles.

They offer me 800, then 1000

My point is that I need to replace that car, they say they are offering the value of the car. In buy & sell, the cheapest car of the same quality or higher is about 1600.

I believe I am in my rights to claim 1800 as it will take my time to go and buy it.

Opinions?

Anan1

How old is the Carina? What sort of condition was it in pre-accident?

unkel

Print off a list of similar cars with NCT from the buy and sell and show the insurance company that it is "worth" a lot more than they are offering. Try to negotiate rather than just accept what they are offering

Stay courteous but firm. Keep repeating your story. They might get sick of you and offer something more

ch750536

Anan1 wrote:

How old is the Carina? What sort of condition was it in pre-accident?

96

Engine excellent
Body good

ch750536

unkel wrote:

Print off a list of similar cars with NCT from the buy and sell and show the insurance company that it is "worth" a lot more than they are offering. Try to negotiate rather than just accept what they are offering

Stay courteous but firm. Keep repeating your story. They might get sick of you and offer something more

Exactly what I did. I have a hire car at the mo, which I have had since 21st Sept at their cost. They have said they will only supply for 3 weeks. I believe things change if no agreement is met after 3 weeks.

NUTLEY BOY

I hate insurance companies so I will keep this rant short.

Firstly, you cannot keep hiring a car until the case settles or is heard. You are obliged to minimise your losses. After three weeks you are at risk of not recovering car hire beyond that period.

Work out your minimum realistic terms to include your car hire, your car value and the general inconvenience to which you have been put. Demand that figure from the insurance company and tell them that they can go and **ck themselves otherwise as you are not prepared to be messed around by them.

Deliver the ultimatum firmly but politely and tell them that if you do not get what you want you will simply throw it over to a solicitor and they can pay for two sets of them as well.

I suggest this approach as insurance companies will delay and mess you around if you do not deal with them firmly and in a "no-nonsense" way because they are becoming inherently high-handed and insufferable in some of their claims handling.........

Incidentally, do not sign anything or cash their settlement cheque if there is any question that you have received injuries until you have covered your ass in that respect first. Hopefully, you have not been injured in which case you can just concentrate on the property damage claim.

Rant over......

ch750536

Thought this would be interesting to post up. Not a huge amount of moeny but I believe in getting all I deserve. eta Luckily I don't need the money to buy a new car, I just think that the insurance industry is a scam and I will go as far as I need to in order to get fully compensated.

will update as I find out more.


21 September 2007 12:20pm Accident occured Powerpoint of Accident MS Powerpoint 07 viewer (free)
21 September 2007 Contacted insurance company, Lynskey Ryan, Galway they put me on to MIS (agents who clean up the mess).
21 September 2007 15:40pm MIS will not give me a hire car unless proven is 3rd party liability.
21 September 2007 16:30pm Sent the powerpoint file with images etc, hire car agreed for next day, 5 days initially.
22 September 2007 11:50 Picked up hire car
25 September 2007 Sent all forms back to insurer.
01 October 2007 15:31:54 email to MIS

Me to MIS via email wrote:

Not heard anything from anyone yet, what do I do about the hire car?

02 October 2007 12:23 Called MIS, form I sent on 25 September have gone missing. Contact 3rd Parties insurance directly.
02 October 2007 13:02:32 Sent Eagle Star (3rd Party) the powerpoint file
02 October 2007 14:53 Phone conversation. 100% Agreed that their client was at fault. As I am away from Ireland from 5/10 to 10/10 we aim to agree a figure (not the money) by 04/10 am so I can spend that value on replacing my car. I will keep hire car until finished with it.
04 October 2007 14:25:52 email to Eagle Star

Me to Eagle Star via email wrote:

We spoke on Tuesday about my claim:
You informed me that your client had accepted 100% of the liability for the accident. At this point we discussed and decided that due to me being out of Ireland from 5th to 10th October, it was best if we could agree a figure (not deliver the monies) which would then allow me to purchase a car from my current funds on Thursday afternoon and then return the hire car.
To facilitate this, somebody was going to contact me on Wednesday to discuss the matter, as yet this has not happened.
Unfortunately this changes my requirement for a car. Can you please inform xxx at MIS (xxx@misclaims.com) that the car will be needed until 11th October.
If there are any issues please feel free to contact me on the details below.

04 October 2007 15:23:00 Eagle Star phoned me, offered €800, I declined, offered €1000, I declined.
04 October 2007 15:56:52 email to Eagle Star

Me to Eagle Star via email wrote:

Xxxx,
Can you confirm the car hire is fine until Wednesday please.
Also, some detail for the valuation of the car.
My car was a 96 Carina E with the 1.6 EFi engine.
engine was one of the most efficient for a family at that time.
Was purchased in June from a local delaer for €1300 plus 92 Toyota corolla in Part Ex.(Scrap value €450 as had new suspension etc)
Had 2 yrs nct when purchased.
Engine was immaculate and ran like new, even after leaving it at the airport for 3 weeks whilst away.
I value the car at €1750, it will cost me at least €1500 to get a similar car.
This is based on prices found below, I called them all 2 are def available, others did not answer.
The top one is basically the same car I believe.
Note the value of the lengthy NCT
Toyota Carina 1.6L petrol 1996, €1750.00
156k mls, 5 dr, h/b, manual, NCT 03/09, 087-xxx
95 Corolla, bought for €2100
http://www.adverts.ie/showproduct.php?product=4955&cat=2
97 Corolla 1.3L €2000.00
098-xxx
Toyota Carina 1.6L petrol 1995, €800.00
110k mls, no NCT, 087-xxx
Toyota Corolla 2.0L 1995,€1000.00
no DOE 085-xxx

04 October 2007 16:03:19 email to Eagle Star

Me to Eagle Star via email wrote:

Limerick Buy And Sell

05 October 2007 14:29:15 email to Eagle Star

Me to Eagle Star via email wrote:

Xxxx,
Just to confirm, the compensation offer made to me 4th October of €800 rising to €1000 I have decined as I believe it does not represent any chance for me to return to the position precluding your clients error.
I estimate that it will cost €1750 for a replacement car and a day of my time to purchase, tax and insure the vehicle. I have given examples of this valuation in emails yesterday.
I have spoken to the person owning this vehicle:
Toyota Carina 1.6L petrol 1996, €1750.00
156k mls, 5 dr, h/b, manual, NCT 03/09, 087-xxx
I am more than happy for you to purchase this car and deliver it to me if this is what you wish to do.
This is the first and only time that any monetary value has been discussed since the accident on 21st September.
If you wish to contact me at any time please call 0208 xxx.

05 October 2007 14:54:16 email to Me from Eagle Star

Eagle Star via email wrote:

Hi Jason
I have discussed the claim with our assessor again today our final offer stands at Pre Accident Value €1000.00
Please see our assessors price list below
Kind Regards
> Toyota Carina 1.6L 1996, Leinster Dublin 15 €950.00 99k mls, saloon, manual, met, blue, a/b, c/l, e/w, p/s, driving perfect. 087-xxx [save ad] <\l >
> Toyota Carina 1996 1.6L Petrol. Leinster Co. Dublin €600.00 Grey, €600, Dublin, after 6pm. 087-xxx [save ad] <\l >
> Toyota Carina E 1.6 '96. Leinster Co. Dublin €1000.00 NCT 09, tax end of the month, 130k mls, €1,000. 01-xxx [save ad] <\l >
>

05 October 2007 16:12:22 email to Eagle Star

Me to Eagle Star via email wrote:

Xxxx,
Again, after browsing buy & sell the following was available in the Munster region.
http://buyandsell.ie/browse.php?quicksearch=&textopt=all&ofr_wan=ofr_wan&priv_trade=priv_trade&area=1002&s=12&g=0&price1=&price2=&daysonline=0&automake=71&automodel=592&caryear1=1995&caryear2=1997&bSearch=Search
Toyota Carina 1.6L petrol 1996, Munster Cork €650.00
170k mls, 4 dr, saloon, manual, met, maroon e-mail [save ad]
-Have sent chap an email requesting nct detials, can assume no nct but will see.
Toyota Carina 1996, Munster Limerick €1500.00
069-xxx [save ad]
-Called, not avilable at the moment to comment on NCT
Toyota Carina 2.0L 1996, Munster Tipperary €2000.00
210k mls, 4 dr, saloon, manual, NCT 01/09, maroon, fsh, p/s, e-mail [save ad]
Toyota Carina 1.6L petrol 1995, Munster Clare €1500.00
140k mls, 4 dr, saloon, NCT 04/09, black driving perfectly 087-xxx [save ad]
Toyota Carina 1.6L petrol 1995, Munster Tipperary €2000.00
137k mls, 5 dr, saloon, manual, NCT 05/09, black mint cond. 087-xxx [save ad]
I appreciate whatever books and documents you are using, however, in the real world you as the insurer of the party that damaged my vehicle have an obligation to correct the situation, that is, I should not be out of pocket for the error of your driver.
If I were to accept your offer of €1000 (no mention of salvage, can you clarify), it would be likely that I couldn't get a similar vehicle to the one which your client wrote off.
1) The prices in your documentation may be based on Dublin prices, I don't live in Dublin.
2) I bought the vehicle for €1300 + part ex only 3 months ago.
3) It had full nct on the vehicle.
4) Buying a vehicle normally takes a lot of time & mileage.
Looking at the vehicles on offer above you can see that the NCT has a major impact on the value of a vehicle, to state that an NCT 'is worth €100' is wholly incorrect. The first vehicle listed is without NCT, the last 3 are with NCT resulting in a price difference of €1000.
Also note that the mileage in all of the vehicles above is similar or in excess of my own milage. Your argument that mileage is reducing the value is flawed, as the price I need to pay to purchase a similar vehicle with the same milage is higher. Remember, you are not paying me a sum of money for my vehicle, you are paying me a sum of money for me to purchase a similar car to replace the one which was written off.
The vehicles above were not hand picked, they are ALL the Toyota Carrina's from 95 to 97 available in Munster as listed on buy and sell.
I have called a number of dealers, they all reccommend I purchase privately for this type of vehicle as they would not purposely stock it, hence my chances would be slim.
I feel it is time to wind up the process a little, no point in going back and forth anymore. Please confirm by email that your final compansation offer is €1000 and then I will consider my options.
Have a good weekend (last 'nice' one for a while apparently).
Regards,
Jason.

08 October 2007 13:37:30 email to Eagle Star

Me to Eagle Star via email wrote:

Xxxx,
I havent had any response to the email I sent on 05 October 2007 16:12:22 requesting confirmation of your fianl offer.
Can you please confirm that €1000 is your final offer.
Regards,

08 October 2007 15:01:18 Eagle Star email to me

Eagle Star to Me via email wrote:

Hi Jason
I can confirm with you our final offer of €1,000 is our final Pre Accident offer which has been confirmed by our two in house asessors and Independent assessor Mr Xxx Xxx.
We will paid for up to three weeks car hire and taxi bill from Friday 5/10/2007 also with this settlement
Please do not hesitate to contact the undersigned with any further questions

08 October 2007 15:20:50 Me to Eagle Star email

Me to Eagle Star via email wrote:

Without prejudice.
xxx,
I accept the offer of €1000.
I have contacted one of the reccomended vehicles based in Dublin. The seller has agreed a price of €950.
I will now contact a company to deliver it to me in Abbeyfeale where I will get an NCT for it.
All costs, including delivery, above €1000 will be claimed from your client directly.
Regards,

08 October 2007 14:46:50 Me to 3rd Party voicemail

Me to 3rd Party voicemail wrote:

Unfortunately your insurance company is undervaluing how much a replacement car will cost, for this reason I will take what they are offering, buy a car, NCT it then send you the bill for any value over €1000.

08 October 2007 16:59:33 Eaglestar to me via email

EagleStar to me via email wrote:

Hi Jason
We will be able to issue you with a cheque once we have received orginal Vehicle registering document and keys (logbook/Vlc) I will instruct salvage direct to lift you car immediately
We are not liable for the delivery of the car from Dublin to Abbeyfeale or the cost for the NCT.
Kind Regards

08 October 2007 17:12:04 Email Me to Eaglestar

Me to Eaglestar via email wrote:

Xxxx,
Where do I send them to?
We have a difference of opinion, let this be dropped now and sorted later once I have NCT'd the vehicle and have a cost figure.
Regards,

09 October 2007 9:30am Mr Solicitor (family friend) to Me
Send one final email stating clearly what you are going to do and then do it. No point even waiting for a response. Make sure that they understand this will form a legal defence.
09 October 2007 10:53:41 Email Me to Eaglestar

Me to Eaglestar via email wrote:

Xxxx,
I have been advised to make my position entirely clear once more, just in case.
I believe that your offer of €1000 to replace my vehicle is not enough due to the price of cars.

by and Sell

This link will take you to buy and sell, all Toyota Carina's in Ireland from 96 onwards.
Hopefully the table below will demonstrate my point. (Formatting may be lost, please let me know if this is the case).

Phone Year Size Value NCT location Comment
0857186246 1996 1.6 250 No Scrap
0860518714 Sold
0872674996 1996 1.6 1899 2yr Galway
0872215205 1997 1.6 1600 No Mayo
06962316 1996 ? 1500 ? Newcastle West Calling me back PM
0851221259 1997 1.6 2500 6 m Dublin 11 Calling after 6pm

The above 6 vehicles all have the 1.6 engine that I had, I have disregarded all others. I am prepared to accept a car that does not have the EFi engine, something I purposely set out to buy in the last car. I do not want an engine larger than 1.6 for many reasons.

I have always driven Toyotas, and see no need to change this. My wife drives a small car, hence I drive the family car. This realistically means I am looking at the Carina only due to age etc.

Looking at the list above:
1 - Is scrap only.
2 - Called, already sold.
3 - Costs 1899, may come down to €1700 - Day of my time (€260) + costs to buy (200km of fuel, about €20).
4 - Costs 1600, may come down to €1500 - Day of my time (€260) + costs to buy (200km of fuel, about €20), no NCT so NCT costs also (unknown).
5 - Dont know about engine or NCT, is calling me back after 6pm, is 1500 to buy.
6 - Is 2500 to buy, in Dublin, large cost to get it to Abbeyfeale, only 6 months NCT.

If I was to buy one of the above, option 3 is the cheapest option I believe as it has an NCT at €1980 assuming they will move on price, if not it will be €2179.

Since your offer of €1000 is not enough to cover this cost I have no option but to purchase a vehicle (hire car returned on Friday) and then pursue the additional cost from your client. That is my right. Technically, you have no responsibility to pay me anything, however, your client has a responsibility to compensate me in full for any losses incurred. It is between them and yourselves to sort out who is going to pay it and of no consequence to myself as long as payment is met.

I have been advised not to accept any payment from you for now, so please do not issue any cheques. I will purchase the vehicle with my own funds for now.

I request, that you put forward your argument as to why you should not meet the cost outlined above, lets round €1980 to €2000, with sources where required.

Regards,

09 October 2007 12:03:56 Email From EagleStar to Me

EagleStar to me via email wrote:

Hi Jason
Our final offer for €1000.00 was accepted by you yesterday. We await your logbook before settlement can be made.
Kind Regards

09 October 2007 12:10:15 Email From Me to EagleStar

Me to Eaglestar via email wrote:

Xxxx,
Its a shame that you decided to be un-cooperative. Did you not see the 'without prejudice' statement?
I have taken legal advice on this matter, just in case you hadn't realised.
Any response to my previous email or am I to forward the fact that you offer no further defence?
Regards,

Getting really fun now.
09 October 2007 13:53:00 Me phoning Irish Insurance Federation

IIF Chap to me wrote:

"You should not be out of pocket for 1c in getting back to the position you were in before the incident if they have admitted 100% of the liability. Stick with it."

09 October 2007 15:29:58 Email From EagleStar to Me

EagleStar to me via email wrote:

Hi Jason
I can confirm with you our final offer of €1,000 is our final Pre Accident offer which has been confirmed by our two in house asessors and Independent assessor Mr Xxx Xxx.
We will paid for up to three weeks car hire and taxi bill from Friday 5/10/2007 also with this settlement
Please do not hesitate to contact the undersigned with any further questions or if you wish to refer this matter to your legel adviser
Kind Regards

09 October 2007 15:34:53 Email from Me to Eagle Star

Me to Eaglestar via email wrote:

Xxxx,
Thanks for your response.
I decline your offer.
Regards,
Jason.

10 October 2007 11:57:54 Email from ME to EagleStar

Me to Eaglestar via email wrote:

Xxxx,
I have been forced to amend the situation myself due to the following:
1. Your quote was a long way from the actual cost to replace the vehicle.
2. You offered no explanation of the figure you achieved, other than 3 examples of vehicles similar to my own but in Dublin, with no NCT.
3. I sent you evidence supporting my valuation 3 times, I received no counter argument. Not only did you not argue any case against the evidence I offered, I feel you didn't even look at them.
As such I have taken the following action.
1. I have paid for the scrapping, pickup & storage cost of my vehicle (€290).
2. I have purchased a vehicle from a dealer locally which is as near to my own vehicle as possible. (96 Nissan Primera, 1.6i, worse condition than mine but will overlook that, NCT 01/09) (€1500).
3. I will deliver the hire car back in the morning and get a cab back. (€50).
4. I have lost 2 days of work time on this issue. (€450, €58kpa/260 *2).
Do you have any intention of paying the above in full (€2290) if I send you the invoices?

cornbb

Very interesting. I've just started speaking to my insurance company about settling a claim for the theft of my car, I'll be following this thread closely!

ch750536

OP edited

axer

Just a question: have you not already accepted the 1,000 euro as compensation?

ch750536

axer wrote:

Just a question: have you not already accepted the 1,000 euro as compensation?

'Without Prejudice'

Always a nice one.

unkel

ch750536, I've merged your two threads about your insurance claim

ch750536

Cool, I did it as a seperate thread as I will constantly update post 1, which may not be evident if its down the list.

OP updated again. Very funny.

PauloMN

While I sympathise with you given the circumstances, it looks to me like you have accepted their offer of €1000, and that's that.

I'm also not sure contacting the 3rd party with this was a good idea:

Unfortunately your insurance company is undervaluing how much a replacement car will cost, for this reason I will take what they are offering, buy a car, NCT it then send you the bill for any value over €1000.

Have you actually spoken to the guy? Your matter is in the hands of the insurance company, you shouldn't be contacting them directly like that. If that were me, I'd have told you in no uncertain terms to get stuffed.

ch750536

PauloMN wrote:

While I sympathise with you given the circumstances, it looks to me like you have accepted their offer of €1000, and that's that.

Link essentially addidng the phrase 'without prejudice' is a way of moving things along WITHOUT LEGAL RIGHT. That email is not allowed to be shown in court or to anyone else. It was done purposely by myself to see where things would go. I wasn't happy with where they went and am making sure they understand fully what I mean. I may still accept, depends on what the solicitor says.

PauloMN wrote:

I'm also not sure contacting the 3rd party with this was a good idea:Have you actually spoken to the guy? Your matter is in the hands of the insurance company, you shouldn't be contacting them directly like that. If that were me, I'd have told you in no uncertain terms to get stuffed.

Agreed. Solicitor thinks until all discussions break down that I shouldn't have done that, however, not a legal issue. It is her that owes me the money, they are mereley agents acting for her. If I am unhappy with the money offered by the insurance company I don't have to accept, legally I can decline and then deal with her one on one. She has to then make an offer or it goes to the small claims court. Whether she gets money from the insurance company or not is irrelevant.

ch750536

Updated Original Post.

Seems they googled 'without prejudice' then.

ch750536

OP updated

cornbb

You're asking quite a lot there. A lot of policies would explicitly exclude things like taxis, cost of phonecalls and loss of income in the policy wording so you should read up on that. Presumably the guy they sent to assess your car's pre-accident value was independant. If €1000 was the figure he gave them then they're not legally obliged to pay you any more than that plus anything else they say is covered in the policy wording, eg the cost of the hire car.

ch750536

You're missing the point a little. I'm claiming for losses from their policy. Their policy pays me for my losses.

There is no 'we pay for this or that' when claiming from somebody elses policy, they pay for all my losses.

As for the valuation, they need to evaluate what it will cost for me to REPLACE the vehicle, not for the value of the vehicle.

Imagine there were no cars older than 2 years in Ireland other than mine. When mine was written off this meant that I had to buy a car that was much higher in value. As such they have to pay for that as I have no choice.

As for my time, that is a cost to me. I have had to take 2 days holiday, they need to compensate me for that.

They have already agreed the taxi & hire car. (€800)

Insurance is smoke & mirrors, get facts on what you are entitled to then get it.

I will be making no money from this, I wish to end up in the same position I started in, that is all.

cornbb

Ah ok I had a brainfart there, forgot you were claiming 3rd party.

Good luck with extracting all you can from them, it can be like getting blood from a particularly stubborn and posessive stone...

ch750536

Its my intention to be compensated in full and not a cent more. I'm not looking to make money from this.

I don't like the way insurance companies work, essentially they prey on those who don't have the funds to fight or make a decision otherwise.

Thats all their business is about.

ie.

It costs us €100 to insure bob, lets charge him 150.

We owe tim 5000, lets give him 2000.

ch750536

Have purchased a 96 Primera

http://cars.rte.ie/usedcars/index.cfm?fuseaction=car&carID=587116

€1500

Receipt obtained.

ch750536

Dropped the hire car off in Limerick and returned home.

Phoned Eagle Star to see why they had not responded to my email
- They said it was not received.

All of a sudden they do not receive any emails from me.

I fax them the email.
Call an hour later - not received.
Get home this evening to a response.
11 October 2007 16:56:05 Email EagleStar to Me

EagleStar Email to me wrote:

Please be advised that I have just received your fax.
Our Offer still stands at €1000.00 Pre accident value
14 days car hire
Taxi fair and miscellaneous €200.00
Total offer €1200.00
Please do not hesitate to contact the undersigned or if you wish to refer this matter to your legal adviser
Kind Regards

My response:

SmallClaimsOnline email to me wrote:

RE: JASON Xxx -V- ZURICH INSURANCE IRELAND LIMITED
Dear MR. Xxx
Thank you for using the Small Claims Online system.
Your receipt number for this application is XXXX
We will be in contact with you via this email address in due course.
Small Claims Registrar

LIMERICK DISTRICT COURT
CIVIC BUILDINGS

Unfortunately had to limit it to €2000 to get to the small claims court. Better chance there I believe.

Will update once I know more.

aphex™

ch750536 wrote: »

Unfortunately had to limit it to €2000 to get to the small claims court. Better chance there I believe.

Will update once I know more.

Small claims court is for consumers who have recieved faulty goods. See here. You need to check with the court clerk to see if it falls within its remit (I don't think it does from reading that link).

ch750536

(a) a claim for goods or services bought for
private use from someone selling them in the
course of a business (consumer claims)
(b) a claim for minor damage to
property (but excluding personal injuries)
(c) a claim for the non-return of a rent deposit for
certain kinds of rented properties. For
example, a holiday home or a room / flat in a
premises where the owner also lives

Agreed, it doesn't fit exactly my needs, but for €9 its worth a go. Have used small claims in the UK quite often, always did me good.

Hopefully it will get through on (b) above.

axer

From Eagle Star's T&C's page on their website:

Insurance Ombudsman of Ireland

In the event of a dispute the Insurance Ombudsman of Ireland can be contacted at enquiries@financialombudsman.ie. For further information see http://www.financialombudsman.ie/

It is worth giving him/her a call to see if they deal with this when you are not the policy holder but I would think they do.

ch750536

I took a look at the ombudsman and decided against it. They will be too cosy.

I called the IIF and they agreed that I should not be out of pocket at all.

Generally speaking I don't like ombudsmen as they should be there to ensure porblems don't arise, bit late in cases like this.

Just reading up on the circuit court at the mo.

Don't want to use a solicitor, best person to represent me is me, in my opinion.

Barr

seems like a generous offer to me ..€1000 is plenty for that car with 160k miles up on it. Not their fault you overpaid first day




VEHICLE REGISTRATION TAX (VRT) ENQUIRY
DATE: 11 October 2007 TIME: 20:08

---

STATISTICAL CODE: 40688819
MAKE: TOYOTA
MODEL: CARINA E 1.6 (May 1992 - 1997)
VERSION: GL 04DR / SALOON / MANUAL / PETROL ONLY /
MILEAGE: 160000 MILES

---

The information requested in respect of the vehicle shown is indicated below.
DATE OF FIRST REGISTRATION(MM/YY): JANUARY 1996
OPEN MARKET SELLING PRICE:
(applicable on enquiry date) €760
RATE OF TAX: 25.0%
VEHICLE REGISTRATION TAX:
(payable on enquiry date) €315

TherapyBoy

Barr wrote: »

seems like a generous offer to me ..€1000 is plenty for that car with 160k miles up on it.

That'd be fine if he was selling the car.

The insurance should get him back to where he was before the accident happened. That's the point he's been making.

Trampas

Why should the insurance company give you the full price of the car?

They give you the market value which is €1000.

If they give you the price you paid then anyone could buy a junker and say it cost €3000 and only worth €500.

Why should the company pay the person €3000?

Barr

I'm just saying €1000 seems like a fair price considering the OMSP is €760

If he'd paid €15,000 for the 96 carina would you consider it reasonable they fully compensate him for the car when its not near worth that kinda money.

Anan1

Barr wrote: »

I'm just saying €1000 seems like a fair price considering the OMSP is €760

If he'd paid €15,000 for the 96 carina would you consider it reasonable they fully compensate him for the car when its not near worth that kinda money.

To be fair, the VRT calculator is often inaccurate.

Barr

[QUOTETo be fair, the VRT calculator is often inaccurate. ][/QUOTE]

point taken but insurance companies work off a Car Price Guide Book issued by the SIMI. The fact he was offered €800 initially indicates the value would not be that disimilar to the VRT calculator.

Anan1

Barr wrote: »

[QUOTETo be fair, the VRT calculator is often inaccurate.
point taken but insurance companies work off a Car Price Guide Book issued by the SIMI. The fact he was offered €800 initially indicates the value would not be that disimilar to the VRT calculator.

Sure, but that's often inaccurate too.;)

ch750536

Does the VRT calculator take into account where you live? If not then its wrong as cars in Dublin are cheaper than here, especially in the 10 year old market.

ch750536

Trampas wrote: »

Why should the insurance company give you the full price of the car?

They give you the market value which is €1000.

If they give you the price you paid then anyone could buy a junker and say it cost €3000 and only worth €500.

Why should the company pay the person €3000?

link

ch750536

Small claims just got back to me. Not an issue for them, shame.

They did say that if I have invoices and proof that they do not intend to pay then I should just send in the bailiffs.

sounds a bit dodgy to me.

Busy for most of this week, will continue with the courts on the weekend.

ch750536

Just to keep you all up to date with the little detail I'm supposed to give....

They upped their offer to half of what I want, I appointed a solicitor. They have not responded to 2 demands so it looks like its going to the courts.

craichoe

Barr wrote: »

seems like a generous offer to me ..€1000 is plenty for that car with 160k miles up on it. Not their fault you overpaid first day




VEHICLE REGISTRATION TAX (VRT) ENQUIRY
DATE: 11 October 2007 TIME: 20:08

---

STATISTICAL CODE: 40688819
MAKE: TOYOTA
MODEL: CARINA E 1.6 (May 1992 - 1997)
VERSION: GL 04DR / SALOON / MANUAL / PETROL ONLY /
MILEAGE: 160000 MILES

---

The information requested in respect of the vehicle shown is indicated below.
DATE OF FIRST REGISTRATION(MM/YY): JANUARY 1996
OPEN MARKET SELLING PRICE:
(applicable on enquiry date) €760
RATE OF TAX: 25.0%
VEHICLE REGISTRATION TAX:
(payable on enquiry date) €315

If someone burnt down your house and had to compensate you for it, would you be happy with them paying what they 'felt' it was worth ... or would you want them to cover exactly what you were out of pocket for ?

ch750536

Bear in mind that it had 18mths of NCT, I paid €270 for scrapping\lifting etc and incurred 2 days of my time as costs(€450). €90 cab ride back from the hire car place too.

The car I bought in its place was pretty much the same car, Nissan Primera, Same age, same milage,same NCT, same engine, same condition. I paid €1500 for it, according to the tax guys I have been severly ripped off. Must take that to the dealer I bought the car from to see what he thinks about it.

Steve

What's the procedure?
Do you bring the 3rd party to court or are you still battling the insurance company.

I'm no legal expert but I would have thought that you sue the individual and it's up to them to recover the costs from their insurance co.

ch750536

stevec wrote: »

What's the procedure?
Do you bring the 3rd party to court or are you still battling the insurance company.

I'm no legal expert but I would have thought that you sue the individual and it's up to them to recover the costs from their insurance co.

That was my preferred route but apparently would be frowned upon. I'm issuing the case against the insurer.

Steve

Well, best of luck, I really hope it works out for you.
The behavior of the insurance company is simply unacceptable.

return guide

Anything new

ch750536

Indeed, quite an interesting one.

Although my insurance company had previously stated that since the other party admitted error then my premium would not go up, the following has happened.

As the issue of the amount of compensation is to be disputed in the courts, legally the issue is not completed. At this point, as far as my insurance company is concerned, this may be a claim on me, regardless of the fact that I have it in writing that they accept full responsibility.

So my premium is 5* what it was last year. Yet to discuss this with my solicitor, but what I would like to do is pay the amount, €2400, and add it to the claim.

Did wonder why they were stalling so much, oh, the games they play,

return guide

The best of luck to you

ch750536

Managed to sort the renewal issue, my insurance company now seem fine with my own documentary evidence.

Interesting that the sticky point was the admittance by the third party in writing. Glad I record all my phone calls for training purposes eh.

Renewal €50 cheaper than last year.

ch750536

Completed just now.

Basically they sent me a cheque for €1400 & paid my solicitors fees. I'm happy enough with that as its time to buy some pressies.

Took a while though. Bet they had to pay the solicitor €500 too.

Steve

Wow, I've had a name change and became a mod since this thread was started!

Glad to hear it worked out in your favour .

ch750536

That was my fault, I let it lapse for a while whilst busy doing other things.