Car insurance claim

Ceist_Beag

I hope it's ok to revive this old thread as I'm in a similar position at the minute. I went off the road earlier this week and the garage used by the insurance company have advised me that it is likely the insurance company won't agree to have the car repaired. I was very surprised at the level of damage being quoted as I didn't feel there was much more than cosmetic damage done to the car. I've also been told that what will happen now, if the insurance company do refuse to get the car repaired, is exactly what happened the OP above. The insurance company will sell the car to "breakers" (who I presume are companies who buy written off cars) and I will get the the value of the car minus whatever this breaker company pays for it. I will then have to chase the breaker company for the balance.
I have a few questions around this.
1. Do I have any right to refuse to allow the car to be written off and demand it be repaired?
2. If not, do I have any right to refuse the insurance company only paying me the balance between the car value and the price paid by the breaker company?
3. Is it possible or worth my while trying to purchase the car myself and paying to have it fixed (using the money paid out by the insurance company)?

I really don't like the idea of the car being scrapped like this as the accident was relatively minor. There are a few things bugging me such as, after the accident I was able to start the car fine but didn't drive it as it was bogged down, so left it to be picked up. Now I'm being told that the car simply doesn't start. I'm not doubting the garage man (it may have simply died when being moved) but I do find it hard to agree to just scrap the car, especially when I'm pretty sure I won't be able to replace it or come even close, with the money I get as a result.

goz83

Ceist_Beag wrote: »

I hope it's ok to revive this old thread as I'm in a similar position at the minute. I went off the road earlier this week and the garage used by the insurance company have advised me that it is likely the insurance company won't agree to have the car repaired. I was very surprised at the level of damage being quoted as I didn't feel there was much more than cosmetic damage done to the car. I've also been told that what will happen now, if the insurance company do refuse to get the car repaired, is exactly what happened the OP above. The insurance company will sell the car to "breakers" (who I presume are companies who buy written off cars) and I will get the the value of the car minus whatever this breaker company pays for it. I will then have to chase the breaker company for the balance.
I have a few questions around this.
1. Do I have any right to refuse to allow the car to be written off and demand it be repaired?
2. If not, do I have any right to refuse the insurance company only paying me the balance between the car value and the price paid by the breaker company?
3. Is it possible or worth my while trying to purchase the car myself and paying to have it fixed (using the money paid out by the insurance company)?

I really don't like the idea of the car being scrapped like this as the accident was relatively minor. There are a few things bugging me such as, after the accident I was able to start the car fine but didn't drive it as it was bogged down, so left it to be picked up. Now I'm being told that the car simply doesn't start. I'm not doubting the garage man (it may have simply died when being moved) but I do find it hard to agree to just scrap the car, especially when I'm pretty sure I won't be able to replace it or come even close, with the money I get as a result.

You can keep the car yourself and the insurance reduce the pay out by the highest bid offered to them. An old chew posh car will normally have scrap value of around €500. They can't just force you to surrender your car but you can't necessarily insist they pay out the quoted amounts for repair. If the damage is minor, take the money and get it repaired where you want. Keep in mind that you might have to get it declared safe, because the insurer will be writing it off.

actuar90

Ceist_Beag wrote: »

I hope it's ok to revive this old thread as I'm in a similar position at the minute. I went off the road earlier this week and the garage used by the insurance company have advised me that it is likely the insurance company won't agree to have the car repaired. I was very surprised at the level of damage being quoted as I didn't feel there was much more than cosmetic damage done to the car. I've also been told that what will happen now, if the insurance company do refuse to get the car repaired, is exactly what happened the OP above. The insurance company will sell the car to "breakers" (who I presume are companies who buy written off cars) and I will get the the value of the car minus whatever this breaker company pays for it. I will then have to chase the breaker company for the balance.
I have a few questions around this.
1. Do I have any right to refuse to allow the car to be written off and demand it be repaired?
2. If not, do I have any right to refuse the insurance company only paying me the balance between the car value and the price paid by the breaker company?
3. Is it possible or worth my while trying to purchase the car myself and paying to have it fixed (using the money paid out by the insurance company)?

I really don't like the idea of the car being scrapped like this as the accident was relatively minor. There are a few things bugging me such as, after the accident I was able to start the car fine but didn't drive it as it was bogged down, so left it to be picked up. Now I'm being told that the car simply doesn't start. I'm not doubting the garage man (it may have simply died when being moved) but I do find it hard to agree to just scrap the car, especially when I'm pretty sure I won't be able to replace it or come even close, with the money I get as a result.

You really need to check your policy doc. Generally the insured is wholly responsible for for all aspects of the claim, in which case you have no say in what happens to the car but they will be responsible for giving you the full amount.

Check your policy wording for any mention of this (may be called subrogation in your policy)

Ceist_Beag

Thanks for the advice folks, that helps a lot.
I had a look and I think we're covered alright in terms of not having to chase a 3rd party for any balance - the insurance company will essentially buy the car off us and give us the value of it. The policy also states they will pay the market value of a car one year newer than our one (or the value we had on the policy plus 20%, whichever is the lower value) so I need to get a good idea of the market value before I discuss any further with them.
I think I'll visit the garage in person to see just how bad the damage is before I make any decision on whether to try and get it fixed myself.

Ceist_Beag

So the car is being written off but the insurance company are still waiting on bids from salvage companies. However I have been told that the procedure is as the OP outlined - they will pay me the balance and I then wait for a cheque from the salvage company for the rest. Do I have any rights to refuse this and demand the full value from the insurance company and let them settle with the salvage company directly? It clearly states on my insurance policy the following:

"If we settle a claim under this section (Total loss claims section) as a total loss, the lost or damaged vehicle becomes our property"

Does this not suggest that they are taking ownership of the car and are selling it on to the salvage company, not me? I don't want to be left hanging waiting on a cheque from a 3rd party as I need to replace the car ASAP.

Ceist_Beag

Having checked with the insurance federation and advice on other forums it seems this is standard practice and there is nothing you can do except hope that the salvage company don't treat you like the OP's wife.

joe912

contact your insurance company telling them you are going to see a solicitor if they don't respond then follow through with the solicitor.
I had dealings with a salvage company, after speaking to the manager initially I was then unable to make further contact as the manager was always out or busy, but was going to call me back which never happened. on my last call when I was informed that the manager was busy but would ring me back I told them not to bother as I was contacting my solicitor. amazingly I got a phone call 5 minutes later. job sorted cheque in the post.

CiniO

Ceist_Beag wrote: »

Having checked with the insurance federation and advice on other forums it seems this is standard practice and there is nothing you can do except hope that the salvage company don't treat you like the OP's wife.

I thought you wanted to keep the car.
Why don't you keep it, and use the cash paid by insurance company (which should equal pre-accident value minus salvage value offered by salvage company).

That way you would achieve what you want.

I don't think insurer can force you to sell it to salvage company.

Ceist_Beag

CiniO wrote: »

I thought you wanted to keep the car.
Why don't you keep it, and use the cash paid by insurance company (which should equal pre-accident value minus salvage value offered by salvage company).

That way you would achieve what you want.

I don't think insurer can force you to sell it to salvage company.

I had a look at the car at the weekend and have decided against keeping it unless the salvage value is quite low on it. I haven't received the salvage value from the insurance company yet but given the cost of repairs, I'm leaning towards leaving it and moving on.

roverrules

What company? Mots car was just paid out in full from AXA after being stolen and recovered damaged. Just asked for log books to be sent in post and that was it

Ceist_Beag

Thanks rr. I'm not sure if I'm allowed to name companies here but I've been told (by the insurance federation amongst others) that this is standard practice in the industry.