Insurer is trying to low-ball my claim, what are my rights?

My car was declared a Category N write-off following an incident for which the other party admitted full liability. I disputed a first phoned offer from his insurer and immediately emailed them with six internet examples of similar replacement cars for sale together with details of £1000 very recent expenditure as well as the £1100 cost of an electric sunroof I had fitted.

Hours after sending this a cheque arrived by Ist Class post for the original amount I had disputed, less the "salvage value", with the information that I could keep the written-off car though I had never mentioned this matter. The gap between us is about £600. I believe my stance is reasonable What are my rights? What do I do now? Should I cash the cheque?

Asked on 16 November 2018 by Howard Buchanan

Answered by Tim Kelly
Firstly, Never deal with the at fault insurers directly. Having the paymaster of the tort claim dictate to you what they are going to pay you is a conflict of interest. You have no right to go to the Ombudsman.

Tell them they can either increase the value, make no deduction for salvage(it is your car, you already own it, they cannot deduct a sum for salvage on a vehicle they do not own). Or , Pay you the full amount and take the car away.

Alternatively, advise you are cancelling all communications and claim via them, and you will be claiming via your own insurer or accident management company. Do not under any circumstance cash the cheque, Send it back to them.
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