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Car insurance claim

  • 29-04-2016 1:21pm
    #1
    Registered Users, Registered Users 2 Posts: 1


    I am claiming against another driver whom has excepted full liability for damages done to my car.I have received an estimate for the repairs which is more than the car is actually worth.The assessor has said he will not be right off the car , my question is can I keep the cash ( not get the car repaired )and trade my car in as it is ?We were planning to change it in the near future.
    Thank you in advance


Comments

  • Closed Accounts Posts: 287 ✭✭NeverWaining


    :pac:


  • Registered Users, Registered Users 2 Posts: 23,686 ✭✭✭✭mickdw


    HD78 wrote: »
    I am claiming against another driver whom has excepted full liability for damages done to my car.I have received an estimate for the repairs which is more than the car is actually worth.The assessor has said he will not be right off the car , my question is can I keep the cash ( not get the car repaired )and trade my car in as it is ?We were planning to change it in the near future.
    Thank you in advance
    Ok well firstly the insurer will only pay out value of your car max. If they pay the full cost of your car, they will take ownership of it so basically you just have a cheque and no car.
    If the assessor doesn't believe that the cost of damage is enough to write off the car, they will offer you a sum. If you are happy with that, the car stays in your ownership and you can use the settlement money anyway you like - be it to fix the car or take a holiday.
    If the car does stay in your ownership, yes you can decide not to fix it and trade it in.
    If it's a very low value car including the damage, I'd just stock it on donedeal because taking it in will get you zero for it.


  • Registered Users, Registered Users 2 Posts: 2,835 ✭✭✭9935452


    Be wary if taking the money.
    If you dont get the car fixed , they will take off the vat off the check so you will be getting a good bit less than you think you will


  • Registered Users, Registered Users 2 Posts: 8,616 ✭✭✭grogi


    9935452 wrote: »
    Be wary if taking the money.
    If you dont get the car fixed , they will take off the vat off the check so you will be getting a good bit less than you think you will

    Is it even legal? Has this been challenged in court?


  • Registered Users, Registered Users 2 Posts: 24,644 ✭✭✭✭punisher5112


    Happened me last year fix was costing 1200 including VAT. Got around €1k and done fix myself.

    They were happy enough.


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  • Registered Users, Registered Users 2 Posts: 2,835 ✭✭✭9935452


    grogi wrote: »
    Is it even legal? Has this been challenged in court?

    I cant answer eithre question but i just know they are doing it.
    My understanding of it is when you repair your car and send them a receipt they claim the vat back, If you decide not to repair the car and take the money instead they deduct the vat off it. Whether or not the vat is then paid to the revenue i dont know
    Vat is charged on a good or service, neithre of which you would be getting


  • Registered Users, Registered Users 2 Posts: 8,616 ✭✭✭grogi


    9935452 wrote: »
    I cant answer eithre question but i just know they are doing it.
    My understanding of it is when you repair your car and send them a receipt they claim the vat back, If you decide not to repair the car and take the money instead they deduct the vat off it. Whether or not the vat is then paid to the revenue i dont know
    Vat is charged on a good or service, neithre of which you would be getting

    I understand their rationale, the scumbags in Poland were doing the same.
    Supreme Court did put them in place...


  • Registered Users, Registered Users 2 Posts: 23,686 ✭✭✭✭mickdw


    Interesting.
    Might be worth a challenge here.


  • Registered Users, Registered Users 2 Posts: 715 ✭✭✭ants09


    9935452 wrote: »
    I cant answer eithre question but i just know they are doing it.
    My understanding of it is when you repair your car and send them a receipt they claim the vat back, If you decide not to repair the car and take the money instead they deduct the vat off it. Whether or not the vat is then paid to the revenue i dont know
    Vat is charged on a good or service, neithre of which you would be getting

    The insurance company can't claim the vat back, even if you send them the receipts.

    What there doing, in my opinion is illegal.

    They are meant to reimburse you the cost of repairing the car, which is vat inclusive.


  • Registered Users, Registered Users 2 Posts: 5,473 ✭✭✭robtri


    for third party claims

    If the claimant is VAT registered and the repairs are related to their business, then the Insurance company should be paying less VAT.

    otherwise the insurance company should be paying out the cost of repairs or the value of the car, whichever is lowest

    If you repair the car or not, is none of the Insurance company's business, they are only required to compensate you for the agreed loss.

    Insurance company's like to repair your car in their shops cause they get massive discounts on the repairs.

    claiming on your own policy is different and is subject to the terms of your contract


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