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angrycrow

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  1. I would expect the courts view of a deduction to be based on the reasonable reduction of value of the vehicle from time of purchase until now. For example in July the car was worth £13 k with 60k miles, what would the same car be worth now with its current mileage from a dealer. The difference between these two figures would be seen as a reasonable deduction for the use you received.
  2. What is the make a model of the vehicle as very few cars produced since 2000 use break pad wear sensors in the pad. Most modern cars use the much cheaper system of putting the warning light on when thd brake fluid level drops below a certain point, thd fluid level falls as the pads wear down. Does your car actually have the sensor wires coming off the pads and if so are they connected to anything on the car. It is also possible the brakes were fine on one day but the friction material as delaminated from the metal back pad causing it the crumble away very quickly, this is often started by stone damage to the pad. A warranty will not help you here as this is normal wear and tear and not covered by the warranty. I also think you would struggle to argue this under soga if the car has a recent mot confirming the brakes worked at point of sale.
  3. I think uncleb is spot on here. As total loss date is after purchase far more likely it was a vehicle with a similar registration and the handler entered it incorrectly at the insurer. HPI should release insurer details to you so you can make a formal written request for them to amend the entry.
  4. Firstly have Aviva formally admitted liability in writing because with the circumstances you describe you are very lucky if they have as this could well go as a fault or a split liability for not maintaining a safe distance. Check you policy terms regarding the new eplacement less than 12 months old. Whilst this clause is common on cars it is not so common on Motorbikes due to them dropping in value much quicker. If your policy will not cover new for old within the first year you are stuck with market value but that is not the end of the matter. Get copies of adverts for nearly new bikes of the same make, model and mileage as yours and if these are selling for a higher price than you have been offered ask for that price. If the bike is financed do you have gap insurance that would cover any shortfall between the value and the outstanding finance. If you do they will often assist in value disputes as it is in their interest for you to get the highest payout possible to reduce how much they have to pay out.
  5. Slightly off the main topic but I am concerned the OP may have dug himself a second hole. OP states after being stopped and warned he would be prosecuted for driving without insurance he has then gone home and immediately taken out an insurance policy for his sons car in his own name as his sons insurance costs £3000 and was about to end. There are several potential issues with this. !, OP has a conviction pending for driving without insurance (likely to result in revocation of his licence) which is a disclosable material fact and if the insurers find out that this has not been disclosed they will void the policy. At this point the OP will have to declare having a policy voided on all future insurance quotes, which will massively increase the cost of insurance on all types of insurance for life. 2, If the OP took out the policy in his name and put his son on as a named driver the insurers will investigate if a claim is made. This is classed as fronting the practice, "fronting", happens where a lower-risk, usually older, driver insures a vehicle in their name, although the main driver is higher risk. It is often used by well-meaning parents trying to save student offspring (or themselves) money. Fronting if discovered will also result in the policy being voided with the same repercussions as above.
  6. Now the op has clarified things the situation is very different to how I read it. If the op thought they were getting a car 2l 4 wheel drive with 85000 but has actually received a 1.6l 2 wheel drive with 182000 miles then yes reject it immediately. To be honest I am amazed it made it to that mileage in the first place. I sure there was loads of issues with the prop shaft bearings on the rx4 failing and being impossible to replace, a lot of the rx4s were converted to 2 wheel drive. You may be dodging a bad car by not having either car. I would also advise never agreeing to buy a car you have not seen in person. Op which registration is current displayed on the actual car.
  7. Everyone seems to be jumping on the dealers dodgy here with no evidence to suggest this is the case. It is not unheard of for dealers with many cars of the same make and model to pull the wrong v5 out of the filing cabinet when sorting the paperwork. It often only comes to light when the car goes for mot or is an accident. Solution is the dealer needs to take charge and contact the owner of the other car he sold and swap the v5 he still has with their v5. Only down side is it will cost 1 months tax on each car and add one new keeper to each car. Ideally as it is his error the dealer should pay the lost tax and maybe a little on top for the added keeper devaluation. Cant see this is grounds for rejection if the physical car is ok as long as the dealer plays ball. If you taxed and insured from the actual registration on the car and not the registration on the wrong v5 then no issue driving it as in affect you are just missing the v5.
  8. This sounds very much like the contracts written by computer game developers. There was the case of a person who worked for one such company who on their own time created some lovely artwork which went on to sell very well. After a few years their employer decided they wanted a piece of the action and hit them with a threat of legal action for profits from the art work done outside of work hours as they stated the contract entittled them to all of the interlectual output whilst under contract even if they were not paying them for the time in which it was created. My understanding is the person quit and went off to be a tattoo artist by they still took legal action that blocked the sale of the artwork that was of the disputed type. Just be aware of the long term implications of any contract you agree.
  9. You have not said what your car is or where the dent is. Assuming an average hatchback with damage above the bumper and to the tailgate (rear panel likely damaged as well and possible boot floor intrusion) and a smashed bumper I would expect repairs from an acredited repairer to be in excess of £1000. It may be cheaper to get it done cash in hand at a local repairer or save money by using second hand parts but why bother when the accident was not your fault. As you have already hinted at you will also need alternative transport whilst yours is being repaired. The other driver is already quibbling over the costs and refusing hire costs so what chance is there he will actually pay up once repaired. Go to ASK MID and pay your £4 to do an insurer search on his registration which will give you the policy number and contact details for his insurers. Report it to them and let them chase him for a report.
  10. These often will not fit in the hole in the alloy wheel if the bolt hole is very deep. Also whilst he suggests they will work without an impact wrench good luck with that. Best solution I found was to go somewhere with a Dynomec type locking bolt remover as theses remove the bolt everytime with a garantee of no damage to the alloy wheel.
  11. If im am reading this correctly you have covered 108000 miles in just over two year so 50000 plus miles a year. How many times was it serviced during this time. Also do you have details of servicing prior to purchase.
  12. May be way off the mark hear but you describe the issue as you had been told you needed a new alternator, could not get it done straight away so continued using the car. A few days later you turn the car on and smoke starts coming from under the bonnet from the region of the of the alternstor. AA come out and attempt to remove the belt so you can start the car but after removing the belt the car will not start. I am assuming therefore that the new symptom is the engine turns over but does not fire up. If this is the case I would almost be willing to put money on the following. Your alternator was failing and finally seized whilst the engine was running causing the belt to start slipping on the alternator pulley (cause of smoke) the belt then stuck to the pulley causing the belt to jam the crank pulley whilst the engine was running so bye bye cambelt amd valves. As for changing an alternator on the driveway, can be done and is in fact one of the easiest things to do on a modern car, subject to the car being in a good well maintained condition it should take about 10 minutes tops to change out an alternator. 1 multiplug and 2-3 bolts to undo new one in refit belt plug in multiplug and off you go. First thing I would ask the garage to do is check the cambelt and timing as I suspect you will find the timing is now off. unfortunately unless you are exceptionally lucky (or own a non interference engine like the old fiat punto) the belt also causes the valves in the cylinder head to hit the pistons requiring a major rebuild of the engine £600 plus depending on the model.
  13. Morning all, Just wanted to put this question to people to confirm what is the normal process. What do most motor insurers do when the main policyholder dies part way through a policy year but there are named drivers on the policy. For example, policyholder dies mid January but the policy was not due to end until the end of April. Insurers were informed of the death the day after and stated that they would auto cancel the cover in 30 days and charge for time on cover. They also agreed to issue proof of bonus for the first named driver on the policy. They have now back tracked on the bonus less than a week before the end of the 30 days stating they will only issue bonus to the named driver if the reinsure with them. My understanding from when I worked in the motor insurance industry was that the vast majority of insurers would allow the policy to continue until the renewal date with the named driver bumped up to main driver status and then insist on a new policy being entered into at renewal. Most insurers will also extend full no claims to the named driver at this point. To be honest this is such a major hassle at a difficult time I wish I had not informed the insurers of the main drivers death. What are peoples opinion. The insurers are Elephant on this occasion. Thanks
  14. 1, if they offer us a silly amount what can I do, we need enough to pay off the previous finance. I have priced up an equivalent car on line and it is between 4,000 - 5,500 we owe 3,800. If the offer seems low you will need to go back to them with copies of adverts locally for cars in the same spec, age, mileage and overall condition to show the market value of cars in your area. Up to 20 miles would normally be a reasonable area to cover although with your partner working in a different area you could argue the values of cars from that area if there is regional variation in your favour. If you dispute the value most insurers will make an interim payment to the finance company whilst you argue over the value and this may reduce the interest you pay. 2, if they delay things can we claim for loss of earnings ? Unfortunately no you can’t, as this is a fault claim you are unable to recover lost earnings. In the event of a non-fault accident you would recover these losses from the at fault driver. If there was a really long delay then you could enter a complaint against your insurers requesting compensation but unlikely this would cover your loe they normally just waive the policy excess. I know it seems like a long time since the accident but due to Christmas in the eyes of your insurers it has only been 5 working days. 3, is there any way they should be giving us a hire car until this is sorted ? Have a close look at your policy documents to confirm the wording about replacement vehicles although most polices are worded that they will only pay for a replacement vehicle whilst your car is actually being repaired which does not help you whilst they decide if it is a write off. Also have a look on your policy schedule to see if you have paid extra for guaranteed hire would provide you a hire car for a set period of time even on a fault claim with your vehicle being written off. For example this would be 14 days (21 with hire plus) on Direct Line or Churchill who I assume you are with given the mention of Greenflag.
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