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lordloz

Car write off by 3rd party-value low can i insist on being repaired to lever higher payout

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My wife was hit by 3rd party. Car is an old civic, to replace it would be about £900.

 

Her (the 3rd party) insurance co. have sent a cheque out without agreeing with us or bothering to contact us to the hire car co. this has the effect of cancelling the hire car in 7 days.

 

We don't agree with this or accept it no one has had courtesy to tell us they were making a payment - the accident was not our fault as they are only sending out £400. We then have to find the extra money to get another car also. :-x

 

My question is can we insist on car being repaired (it would cost £2500 approx) which would be a lever to increase the payout. We were told by the hire co. not to accept the first offer but we have not even had a first offer any ideas or facts gratefully received.

It wasn't our fault we would have still been driving the car but the insurance say they only have to payout the value before accident.

 

I was informed by a couple of people that we could insist on it being repaired.

 

many thanks :-(

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If liability is not an issue, in other words your are not at fault, then there are a number of things that need to be considered by your insurers.

 

Firstly, they cannot accept or make any offer without first consulting with you, although it does happen an awful lot.

 

Secondly, you should be in the same position as you were prior to the crash or compensated suitably.

 

This may be something you need to discuss with the Financial Services Authority.

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The cheque is an offer, don't cash it. It may be sater to return it by Recorded Delivery. Secondly, consult with YOUR insurers, the offer should have been made through them on a no-fault basis. Thirdly, no - you cannot insist on a full repair. Insurers only cover for an economical repair amount and this NEVER exceeds the market value. If the cost of the repair is more than it is worth, then it does not matter wehat the declared value is, it is their assessors report that will declare the full value they will pay out.

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