Best way to challenge car valuation after write-off?
Three weeks ago my wife's car, a 2003 plate Range Rover LPG, was hit outside our house by a drunk driver. The driver was arrested and charged.
We have gone through our insurance who have provided a hire car, but they have written off our car as the repair costs are £6400. We paid £7750 for it just six months ago, but have been offered just £6265, which I believe is insulting. Looking around I can't find any cars similar to ours for under £8000 and even those without LPG are few and far between for the price they have offered us. I have complained about the offer and it is now with their complaints department.
They have now offered the £6265 as an interim payment, do you think we should accept that? What can we do to get a better offer?
We have gone through our insurance who have provided a hire car, but they have written off our car as the repair costs are £6400. We paid £7750 for it just six months ago, but have been offered just £6265, which I believe is insulting. Looking around I can't find any cars similar to ours for under £8000 and even those without LPG are few and far between for the price they have offered us. I have complained about the offer and it is now with their complaints department.
They have now offered the £6265 as an interim payment, do you think we should accept that? What can we do to get a better offer?
Asked on 24 November 2016 by James Coldrick
Answered by
Honest John
As long as you don't have to sign anything that this is the "full and final settlement", okay. Any doubt, write "interim settlement" on anything you sign.
County Courts have repeatedly ruled that the requirement to "put you in the position you were in before the damage was done" is met by giving you "Market Value" for your written-off car. So to get more than the £6285 you have to prove with overwhelming documented evidence (print-offs of private advertisements from AutoTrader, eBay, Motors UK, Gumtree, etc.) that the insurer's offer is inadequate. If they won't offer any more, use your evidence to sue the driver who did the damage directly in the Small Claims track of the County Court.
County Courts have repeatedly ruled that the requirement to "put you in the position you were in before the damage was done" is met by giving you "Market Value" for your written-off car. So to get more than the £6285 you have to prove with overwhelming documented evidence (print-offs of private advertisements from AutoTrader, eBay, Motors UK, Gumtree, etc.) that the insurer's offer is inadequate. If they won't offer any more, use your evidence to sue the driver who did the damage directly in the Small Claims track of the County Court.
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