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Insurance claim - they are xxxxx

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  • 21-02-2020 10:17pm
    #1
    Registered Users Posts: 709 ✭✭✭


    Short story - i was rear ended recently and the insurance company decided to write my car off as beyond economic repair.


    They sent out an assessor, and they examined my car, then phone me up and said it's beyond economic repair and the value of the car is X, but the salvage value is Y which is 100 so if i want to keep the car i be entitled to X - Y


    Assessor came out on Tuesday 27th Jan and a few days later contacted me and told me the above.


    6th February Insurance company contacted me and said Pre Accident Value is X and Salvage is 321.00


    I queried this and was told the salvage company name and phone call, but when i looked them up they are a VAG salvage company and when i phone them up they said they don't accept BMW's as they only accept VAG's


    Rejected the insurance company offer, my car is a MSport which very few are available for sale here, but i saw a SE for sale which is 2k more them what the insurance company offer is.


    I sent an letter to the insurance company with a copy of the above SE car and said an MSport is more expensive and this is a SE car, but Msports are available in NI and the UK and the cost would be xxxx including vrt and fx conversion etc.


    I also asked for a copy of the engineers report detailing how they have valued my vehicle vehicle, i'm entitled to this as they inspected my vehicle in relation to the claim and also under Data protection act, i have the right to see “ANY” information that relates to you. i told them that i have no issue with them blanking confidential rates and discounts , but they must release the engineers report to me.


    Got another letter yesterday from the insurance company, offer was 225 more :D:pac::rolleyes:, when i asked what guide did they use to value my car, i was told a car site, and that a model similar to my one was sold in JANUARY 2019 and this is what they are using :pac:, but i gave them a SE that is currently being sold and they ignored that as its more expensive.


    I was asked if i was VAT registered, and i refused to answer that question and asked them why they want to know if i am VAT registered, was told that if i accept there offer it be net of VAT bla bla bla,



    Asked them for a specific section of the VCA;s that they are relying on as i can give you the Section of the VAT acts that says you can't claim VAT back on insurance awards as no supply of service took place, and they retracted the VAT statement them.


    A common excuse insurer’s come up with is ” we will not pay the vat on the estimated cost of repair” and in doing so offer you 23% less than you are entitled too.


    This is COMPLETELY WRONG!, Any insurance claim is a “compensatory amount” and is not subject to VAT, the fact they use repairers that are vat registered is not your fault. Whether it cost €1000 to repair your vehicle at repairer a repairer who is not vat registered, or €1000 at one who is makes NO difference to you as the consumer.


    I'm not looking for advise on what make is your car or what yr is your car, bla bla bla as that is totally irrelevant, i am just posting this to show you my experience with insurance companies.


Comments

  • Closed Accounts Posts: 2,655 ✭✭✭i57dwun4yb1pt8


    they are not thiefs




    they are thieving c*nts


  • Registered Users Posts: 2,944 ✭✭✭Eggs For Dinner


    Your understanding of the situation is incorrect, but I'm not getting in to a slagging match here. If you are not happy with the situation, appoint your own solicitor to engage with the insurers


  • Posts: 0 [Deleted User]


    :
    ants09 wrote: »


    I'm not looking for advise on what make is your car or what yr is your car, bla bla bla as that is totally irrelevant, i am just posting this to show you my experience with insurance companies.

    Long story actually. Read to the end before realising you just wanted to rant.


  • Registered Users Posts: 16,917 ✭✭✭✭Sleeper12


    Strangest insurance tale I've read in awhile.

    VAT only comes into it on a commercial policy. Even if you are VAT registered you can not claim the VAT back off your private car. When you take out the policy you state VAT registered or not. I don't understand why they would ask this question. If it's a commercial policy they you answered this question when you took out the policy or if it's a private policy you can't claim the VAT & the question is meaningless. You might get a tiny discount on policy if VAT registered as they will save 13.5 percent on repairs. Repairs to a car is a service & it's 13.5 percent & not 23 percent

    I'm sorry ants09 but the story either isn't totally true or you have an insurance company that doesn't understand it's own business & Irish / EU tax laws or even how the VAT rates work. If the OP is true then I suggest staying away from this company as they clearly don't understand their own business


  • Registered Users Posts: 709 ✭✭✭ants09


    Your understanding of the situation is incorrect, but I'm not getting in to a slagging match here. If you are not happy with the situation, appoint your own solicitor to engage with the insurers


    Thanks for the advise

    Sleeper12 wrote: »
    If the OP is true then I suggest staying away from this company as they clearly don't understand their own business
    ants09 wrote: »
    Short story - i was rear ended recently and the insurance company decided to write my car off as beyond economic repair.


    Did you actually read what i said, i was rear ended :rolleyes: so i'm not claiming off my insurance company but the one that rear ended me and your telling me to ..... :eek:

    Sleeper12 wrote: »
    VAT only comes into it on a commercial policy. Even if you are VAT registered you can not claim the VAT back off your private car. When you take out the policy you state VAT registered or not. I don't understand why they would ask this question. If it's a commercial policy they you answered this question when you took out the policy or if it's a private policy you can't claim the VAT & the question is meaningless. You might get a tiny discount on policy if VAT registered as they will save 13.5 percent on repairs. Repairs to a car is a service & it's 13.5 percent & not 23 percent


    Thanks for the advise on VAT but i know more about VAT then you do, unless you studied VAT :cool:


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  • Registered Users Posts: 16,917 ✭✭✭✭Sleeper12


    ants09 wrote:
    Thanks for the advise on VAT but i know more about VAT then you do, unless you studied VAT


    As another poster already pointed out your understanding of the situation is incorrect and despite you studding VAT your claims in the OP make no sense. You even got the VAT rates wrong..


  • Closed Accounts Posts: 2,553 ✭✭✭Cork Trucker


    The car site they use is carzone.ie


  • Registered Users Posts: 2,344 ✭✭✭NUTLEY BOY


    Just a few observations.

    The other party's insurers are entitled to ask a claimant for their VAT status.
    VAT status may be relevant to calculation of the measure of indemnity.
    Ultimately, a judge can ask you to answer the question if it goes that far :rolleyes:

    A claimant bears the onus of proof of both fault and loss.
    Fault is not an issue but OP must still put up the relevant evidence to support the measure of loss.
    The standard of evidentiary proof is the balance of probabilities.

    If OP is not getting satisfaction from the other insurers it is a simple matter to issue District Court proceedings especially as he is on a winner anyhow ;)


  • Registered Users Posts: 709 ✭✭✭ants09


    Sleeper12 wrote: »
    As another poster already pointed out your understanding of the situation is incorrect and despite you studding VAT your claims in the OP make no sense. You even got the VAT rates wrong..
    ants09 wrote: »
    I also asked for a copy of the engineers report detailing how they have valued my vehicle vehicle, i'm entitled to this as they inspected my vehicle in relation to the claim and also under Data protection act, i have the right to see “ANY” information that relates to you. i told them that i have no issue with them blanking confidential rates and discounts , but they must release the engineers report to me.


    I was asked if i was VAT registered, and i refused to answer that question and asked them why they want to know if i am VAT registered, was told that if i accept there offer it be net of VAT bla bla bla,

    Asked them for a specific section of the VCA;s that they are relying on as i can give you the Section of the VAT acts that says you can't claim VAT back on insurance awards as no supply of service took place, and they retracted the VAT statement them.


    Did you actually read what i said, :rolleyes: i highlight the relevant parts, yes i have it down in writing what they said

    I didn't state the VAT rate, the vat rate is what they quoted.


    Love when you get someone who thinks they know more about taxes that they were probably told by someone in a pub :rolleyes:


This discussion has been closed.
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