Car insurance claims and rights

eefums

Hi,
My boyfriends car was rear ended a little while ago, the insuracne comapny of the guy who ran into him has offered him the value of the car and that they take his car or they are offereing 500e under the value of the car and he can keep it? Surely the fact that they are refusing to fix it means they should give him the value of the car and let him keep his own car?
What right have they got to take his car and leeave him without a car and a pxy few euro because they wotn fix it when it wasnt even him that broke it in the first palce?
Can anyone tell me has he any rights?
Apologies if this has come up before on another thread and if it has can someone post the link?
Cheers

Anan1

Why would they give him the value of the car and let him keep it? If they pay out the value then the car is theirs.

CiniO

eefums wrote: »

Hi,
My boyfriends car was rear ended a little while ago, the insuracne comapny of the guy who ran into him has offered him the value of the car and that they take his car or they are offereing 500e under the value of the car and he can keep it? Surely the fact that they are refusing to fix it means they should give him the value of the car and let him keep his own car?
What right have they got to take his car and leeave him without a car and a pxy few euro because they wotn fix it when it wasnt even him that broke it in the first palce?
Can anyone tell me has he any rights?
Apologies if this has come up before on another thread and if it has can someone post the link?
Cheers

For me it seems to be logical, that if they pay full value of the car, then they are entitled to take to crashed one.

Other thing is if the vaulation is good, and for that amount, he will be able to buy exactly the same car and in the same condition as he had.

eefums

cos they wont pay to fix the car, so they wont give him the money to fix it, but he wants to keep his car, cos its his, so the mos tthey wil give him is what they think the value is, and then they keep his car, its not like he broke his car someone else did so why does the insurance compnay get to not fix his car, and keep his car?

Anan1

eefums wrote: »

cos they wont pay to fix the car, so they wont give him the money to fix it, but he wants to keep his car, cos its his, so the mos tthey wil give him is what they think the value is, and then they keep his car, its not like he broke his car someone else did so why does the insurance compnay get to not fix his car, and keep his car?

I'm sorry, but this doesn't make any sense to me. He can keep the car if he wants. In that case he'll be paid the pre-accident value of the car less its current value. What he cannot expect is be paid the entire value of the car and keep the car too.

Gophur

eefums wrote: »

cos they wont pay to fix the car, so they wont give him the money to fix it, but he wants to keep his car, cos its his, so the mos tthey wil give him is what they think the value is, and then they keep his car, its not like he broke his car someone else did so why does the insurance compnay get to not fix his car, and keep his car?

You are contradicting yourself.

He has 2 options.

1. He surrenders the car for a price.

2. He receives a smaller amount, but keeps the car.

In either case, he is being offered compensation.

cloneslad

If they are paying him the value of the car (minus €500) and allowing him to keep it, then I'm sure that will cover the cost of fixing any damage done to it.

If they give him the full value of the car then they expect to take the car themselves and recoup some of their losses due to scrappage / using the car for parts etc. They aren't going to let your boyfriend make a profit on it.

Put it like this, if you have a €2000 in your wallet and my relative steals €500 from you. I offer you two choices:

1. I give you a cheque for €2000 providing you give me back the €500 you have left or
2. I will give you a cheque for €1500 and you keep your original €500.

It would hardly be fair on me to give you a cheque for €2000 and you get to keep the €500 that wasn't taken from you, thus making a profit of €500 from the deal.


your boyfriend could always ask the insurance company to buy him a replacement car of the same mileage and age as his old one. This would get rid of any cash issue whatsoever...they would still take his original car though.

CiniO

eefums wrote: »

cos they wont pay to fix the car, so they wont give him the money to fix it, but he wants to keep his car, cos its his, so the mos tthey wil give him is what they think the value is, and then they keep his car, its not like he broke his car someone else did so why does the insurance compnay get to not fix his car, and keep his car?

In short words.
If they gave him full value and let him keep the car, then he could buy a new car (the same as he had) and he would end up with 2 cars - a new one and the old crashed one.
That would be more then he had before the accident.
And that can't happen.

DriveSkill

The car is obviously considered an insurance write off - i.e. would cost more to repair the car than the car is worth. Therefore the insurance will not pay to have it repaired they will ONLY pay up to the value of the car (pre-crash).

As the others have said you can take the reduced sum and keep the car or take the full value of the car and go buy another one.

Only thing you can do is argue on the value of the car pre-crash, if you feel the insurance is undervaluing it then you need to provide evidence of similar cars - unfortunately it was a particularly pristine example you will most likely lose out on some of its value.