cis insurance unfair offer

[jimncez]

after a minor crash with my 55(2005) renault clio 1.2 16v extreme and not getting a courtsey car while in the recommended garage, cis insurnace have got back to me by phone saying the repairs would cost £2500 and said the car is worth less and offered me a settlement of £2100 before my £300 excess comes off and anything else, I firstly agreed but after much thought and looking into it I told them I was not happy with offer cos there is same types selling private and trade between £3000and £4500. I understand because i have 75000 miles on clock that would bring it down but they are using the reason that I bought it at auction at £4000 over 2 years ago as excuse to offer rubbish offer. Is this fair or not?

 

also they told me it is under catogory c and offered to give me back car for £1300 and get £550 cash, with reading other threads could I not get car back as well as full offer? Unsure of my intitlements and hope someone could help me, many thanks

[unclebulgaria67]

Have you checked the value on glass.co.uk or parkers. Yon can obtain the valuation online. Also the Insurers would normally welcome you providing adverts for similar cars for sale locally.

 

The Insurers won't increase the offer, unless you provide evidence to justify an increase.

[jimncez]

i did a valuation with glass last night and it stated dealer retail price £3690, private sale £3100, trade in (excellent) £2400, trade in (average) £2160, and trade in (below average) £1896. To me, even though i bought it at auction, does not mean it should be continually bracketed at auction prices. And I had been thinking of selling to get a bigger motor and certainly would not have been at auction prices as a private seller. I feel with telling them this is my first claim that they are taking advantage.

[jimncez]

sorry also i offered to show them cars I saved last night with proof of the sale prices but they said it would make no difference because of auction situation

[unclebulgaria67]

If you check your Insurance policy, it covers the car for the current market value, in the event of total loss.

 

I don't buy the argument that because you bought the car from an auction, that they will therefore offer you less.

 

Make an official complaint, stating that you are happy for the financial ombudsman to look at the claim. If the Insurers cannot resolve your complaint within 8 weeks, you can then go to the FOS. But you can push the Insurers to issue a final response now, so you can proceed to the FOS now, rather than have to wait 8 weeks.

[bwerd]

Jimncez,

 

Dont listen to that rubbish! I have just been through the same ordeal with my insurance and the TP insurer had already accepted liability.

 

As per the fos guidance, you are entitled to around the Glass dealership price. If you put the correct mileage into the valuation, continue to ask for £3,700 and do not waver from it. Be careful with private ads, they may try to use it against you. Therefore, make sure it has similar mileage in particular.

 

Read the full guidance (see link below) and quote it directly to them. They will try to wear you down incl. becoming agressive and rude. Just stay calm and tell them unless they pay the glass valuation, you will take them to the fos. Tell them you want their full and final offer, in writing so you can use it as evidence to start your case with the fos.

 

Its costs them money if you go down the fos route and they will eventually cave in. I would predict you next offer will be around £3,600.

 

Pay particular attention to sections 2 and 8 in fos guidelines. Call the Financial Ombudsman now and get a case number. Tell them you will be back in touch if you are not happy with their final offer.

 

http://www.financial-ombudsman.org.uk/publications/technical_notes/motor-valuation.html

 

Keep at it and you will win!! Dont discuss values over the phone. Ask them to put it in writing. Glass says £3,700. Tell them to put their reasons in writing for devaluing your vehicle.

 

If you get the second offer in writing at a much higher value. At once, in writing, request copies of both Engineers reports. Clearly, the first one must be negligent and you have more evidence for going to fos.

 

Hope this helps. Dont be fooled into thinking an increased offer is a "good" offer. You are entitled to Full Market Value. which the fos describe as "Dealership price". Just because you bought at auction does not change this, unless it was a very recent purchase.

Edited March 19, 2010 by bwerd

[JonCris]

bwerd good advice

[jimncez]

thank you soo much for your advise I am going to phone them just now, im not very good at standing my ground but will give it a good go, struggling though to find a similar car with similar mileage, its only so high too because I live in a rural area and do over 12 miles a day just on school run, anyway, wish me luck, will keep in touch with going ons, cheers

[bwerd]

Don't worry about finding an ad, you dont need to. Primarily, the FOS will use a combination of Glass, Parkers and CAP valuations to make their assessment. But dont worry, your insurer will give in before it gets to that point.

 

If you find it difficult to stand your ground, do everything by letter. If they phone making an offer etc, simply ask them to put it all in writing for your consideration. This way, you are taking control of the situation. It puts the pressure on them to justify their position in a formal manner that can be questioned later if necessary.

 

That way you have time to consider what is on offer and ask for advice here. Don't use the phone to negotiate as they will knock you down.

 

They dont like putting things in writing.

 

I have fixed the link in my previous post.

 

PS: Who is at fault with the accident. If it is the 3rd Party, you should be getting car hire until you agree compensation and receive your cheque.

Edited March 19, 2010 by bwerd

[JonCris]

I agree as you say the garage is recommended why did they not supply a courtesy car was the accident your fault?

[jimncez]

hi after reading your last message bwerd, i am going to write to them instead, but i did call them and told them i have taken legal advise and going to ombudsman and fos, that I had the car valued with glass and asked them to send me a copy of the first offer in writing for safe keeping.

 

it was a minor incident and no other car or person was involved, so i have no chance of getting a courtsey car, luckily my grandparents have borrowed me a car so now i have no rush for a settlement, BUT do hope it doesnt take too long.

 

thanks again and let you know how its going.

[jimncez]

they said only if the repairs were going ahead ( which there not) then they would provide a courtsey car, cheek a them ehh!!

[bwerd]

But who was at fault?

 

What does your policy say regarding replacement vehicle if car is a total loss? You are still without a vehicle and compensation has not been agreed.

 

Please check your policy booklet to make sure you are getting what is due to you.

[Mossycat]

But who was at fault?

 

What does your policy say regarding replacement vehicle if car is a total loss? You are still without a vehicle and compensation has not been agreed.

 

Please check your policy booklet to make sure you are getting what is due to you.

 

Since the OP has stated that no other car or person was involved I would assume that the OP was at fault.

 

With regard to a courtesy car, this is something provided by the authorised repairers in return for them getting the repair work, since there are no repairs taking place I doubt a courtesy car will be offered, and since there is no TP insurer to claim off then the OP will be without a vehicle.

 

Mossy

[bwerd]

I know its not std, but I do have vehicle cover as part of my policy, provided by Equity red star.

 

Quote "In the event of a total loss, we will provide you with a replacement vehicle for upto 21 days, whether it is your fault or not".

 

As you rightly state, the OP has stated above that it is their fault (missed that bit).

 

bwerd

[jimncez]

i opted for the paper free thing when i took it out (which i'll not do again)but im having one sent out in the post, i only have certificate, it is rac insurance im with but the supplier to them is cis, so i'll have another look at the basic policy document they have to download on their website.

[jimncez]

hi quick question, if i managed to prove to them its worth more than than the £2500 repairs, will they not just decide to have car repaired then since it would work out cheaper for them and since its catagory c and not a total write off? brains working over time here, cheers

[unclebulgaria67]

Typically, if the repairs come to 60% or more of a cars market value they will write a car off.

 

If you think about this. If a car has received substantial damage, would you want any responsibilty for the repairs and any ongoing issues. Insurers often get involved in arguments, where policyholders are not happy with repairs. Because the Insurers in involved in a 3 party contract, they still have contractural responsibility towards you in regard to quality of repairs.

 

I can't see the Insurers changing from the write off position.