Hello,

My first port on the forum, and I'm looking for some advice on making a claim against a 3rd party insurer.

I was involved in a car accident last week. I was in rush-hour stationary traffic (ie, not moving), when another driver hit me from behind. Both cars driveable. Insurance details exchanged.

I've called the 3rd party insurance company, and they want details of the damage done to my car and its contents.

Some point I'm unsure of;

1. Should I ask (insist?) for the 3rd party insurance company to issue a letter admitting 100% liability? Is this a letter that I have a reasonable change of receiving? If I'm not in receipt of the above before repair work starts, where do I stand if the other driver changes his story?

2. How do I go about claiming for the VDO Dayton Carin sat-nav system (bolted to the boot floor) and the laptop that has been damaged?

VDO Datyon no longer make my sat-nav system (the exact model), and there are none on auction websites. I've spoken to VDO Dayton, who say they no longer stock parts for that model as it's so old.

3. The (Toshiba) laptop that was damaged is quite old too, but now the screen is cracked and Toshiba no longer stock parts for it (or their authorized repairers). There is also the issue of the software that is on the laptop. The software is OEM, which means the licence is tied to the laptop. When I replace the laptop, I'll have to buy new OEM software to stay licensed - but the software versions on the laptop are no longer sold (i.e. Microsoft Office v4). I would have to buy the current version.

If the insurers offer a valuation based on a sliding scale related to age, I'm stuffed. The electronics have scrap value of about £50 each, but this is not going to be enough to buy any kind of replacement.

Do I have the right on insisting on a replacement that was electronically functional to that which was damaged by the 3rd party?

Finally, I cannot find the receipts for the above, as after 10 years since purchase, I generally throw away receipts after the warranty expires (just how long do you keep receipts for anyway). I might have bank records (I keep those for 20 years...) but proving that a debit entry on a bank statement was related to the exact purchase in question would be tricky.

Any advice welcomed.

Thanks.

If you are fully comprehensive it is for your insurer to sort out, so let the insurance Company deal with it. They will use an adjuster to drive down the cost if there isn't a chance of getting the money off the other insurance company, likewise if you are both insured by the same company or underwriter. The other insurance company will use an adjuster to drive down the costs as well so there is a few things you can do.

You will have to prove that the crash was the cause of the damage or failure and may require a 3rd party report which the insurance company can also insist upon.

The insurers usually work on value so you can look on the internet specifically through small adds and refurbished suppliers for an equivalent replacement value, if they say £50 but some refurb specialist has the unit at £150, then you can legitimately demand £150 it is all a question of reasonable and legitimate proof. You may also need to find original proof of purchase for the items and they may demand the items after settlement. On items that you cannot find, then you can ask the manufacturer for the equivalent recent model and look for the cost of the second hand refurbished model. This can cut 2 ways, the newer better version may be cheaper so your original cost on the sliding scale way be worth more as long as you have the original retail price or even the receipt.

Everybody forgets that cost of professional recovery of data from laptops with none functioning video displays and if done by a reputable company could be equivalent to the cost of a new laptop. There are also setup and installation charges as well

These extras give you a position to negotiate and you can choose to make an equitable settlement as long as it is within reason and legitimate.

You should be aware that if any of the items have been claimed for under another policy you will find yourself in big trouble unless you have declared it. Lots of electronic items are covered by household accident and there could be room for a claim there and it may be new for old. They may however try to recover part of the money from your car insurer or the 3rd party.

Remember that you can negotiate with insurers and don't be frightened to argue the case because at the end of the day they are looking to reduce the costs and you are looking for a fair deal.

I hope that this is of some use and good luck

If you are fully com it is for your insurer to sort out, so let the insurance Company deal with it. The other insurance compa

If the OP is fully comp insured then their insurers will only deal with repairs to the car, and not the SatNav or the Laptop, these are uninsured losses and the OP has to claim direct for these from the insurers of the third party.

The TP insurers are only liable for putting you back in the position you were in prior to the accident, so it is highly unlikely they will pay for a new laptop or a new SatNav, what they will do is offer you a cash settlement based on what you could reasonably expect to pay for a secondhand SatNav and secondhand laptop that is roughly the same age and same spec.

Mossycat

Thank you for your replies.

I now see that the cost of replacing the damaged sat-nav, and computer does not just include the hardware cost, there will be the labour cost to re-install the new sat-nav (wired into the car data bus system), and to re-install new software on the replacement laptop.

I've decided to seek out a chartered loss adjuster that will work on my behalf to estimate what it will cost to put me back into the same position as I was in before the crash. I will then forward this onto the 3rd part insurers who can accept or reject it.

If they reject the estimate, I can take the insurer to the small claims court (£25) and let them decide.

Thanks.

Thank you for your replies.

 

I now see that the cost of replacing the damaged sat-nav, and computer does not just include the hardware cost, there will be the labour cost to re-install the new sat-nav (wired into the car data bus system), and to re-install new software on the replacement laptop.

 

I've decided to seek out a chartered loss adjuster that will work on my behalf to estimate what it will cost to put me back into the same position as I was in before the crash. I will then forward this onto the 3rd part insurers who can accept or reject it.

 

If they reject the estimate, I can take the insurer to the small claims court (£25) and let them decide.

 

Thanks.

You have appointed a loss assessor to your claim who will be taking a cut of the claim not an adjuster.

I imagine the policy will be one of indemnity anyway which means putting you back into the same financial position as before.