Help Request - Advice Needed - Non-Fault Losses

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Tue 8 Jan 2019 19:48
Help Request - Advice Needed - Non-Fault Losses - SampleX
Please help...

I need advice.

I’m a private hire driver and operator licensed under My local council.

My car is my business and has a vast amount of investment beyond its market value.

I have a specialist private hire insurance policy.

At the beginning of December I was hit in the side by an inexperienced driver engaged in a dangerous and unlawful maneuver. Photographs establish clear liability.

However, my insurers assigned claim management firm have tossed around for a month and done nearly nothig for me. I didn’t get a rental vehicle until the 27th. They’ve just told me they’re writing my 2010 Top spec 7 seat full size MpV off and are paying me £3000.

This is going to put me out of business.

They’ve told me the money will buy me an identical vehicle.

First, it won’t. Cheapest identical spec at identical age ai can find on average is £7k.

Second, My local authority won’t licence a vehicle over 4 years of age. Cheapest equivalent 4 year old 7 seat full size MPV for my airport transfer business is around £13k plus about £500 licensing fees...

This driver’s actions have literally put me out of business at my expense, and my insurer doesn’t give a toss... they’re stuck on trying to fast track me into accepting £3k plus whatever they can claim for a mild neck/shoulder discomfort. They’re reluctant to even talk to me about loss of earnings.

Surely I have a right as the victim of a non-fault to expect to be restored to full working capacity before this driver’s stupid actions?

Can you advise me, please?
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Tue 8 Jan 2019 20:18
Help Request - Advice Needed - Non-Fault Losses - Galaxy

Yes, see a solicitor.

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Tue 8 Jan 2019 21:04
Help Request - Advice Needed - Non-Fault Losses - daveyjp
There are two separate issues with this matter.

The insurer will pay out what they think your car is worth, if it is too low you need to go back with evidence thaey have undervalued, but don't expect full cost of a replacement at an advertised price as any buyer would negotiate. If they are offering £3k and you have found them at £7k time to start negotiating for a higher sum.

The issue over age limits on vehicles and the cost of a newer vehicle is down to you. Insurance won't pay betterment. When you run a business some of the income earned needs to go towards depreciation to ensure there is cash available for a new vehicle when the one you use eventually dies.
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Tue 8 Jan 2019 21:12
Help Request - Advice Needed - Non-Fault Losses - Andrew-T

Agree with the above, but your experience doesn't tally with mine 2 years ago. My 9-year-old car was written off and valued at £3500, which from a quick trawl on AutoTrader seemed to match market value. I chose to repair the car locally and was given 65% of that amount.

My feeling (please correct me) is that if your business is largely airport shuttles, the car may have accumulated a high mileage, which assessors will have noticed. In my case the miles were moderate.

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Wed 9 Jan 2019 00:17
Help Request - Advice Needed - Non-Fault Losses - Avant

Yes, you need legal advice as suggested by Galaxy (appropriately perhaps - is that the car you had?)

Yoiu want to see if you can get more out of the insurer - but assuming that that still won't get you a similar but newer replacement, is your business profitable enough for you to take out a loan or HP contract for the excess cost of a replacement?

Not sure how your local authority have been licensing your 2010 car for the last few years.

How serious is the damage? Could you get the car back from the insurer and have the damage repairfed yourself? Their decision to write it off may be more a reflection of the age and value of the car.

Final thought - is your 7-seater a USP of your business, or would a cheaper 5-seater such as a Skoda Superb do just as well?

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Wed 9 Jan 2019 13:56
Help Request - Advice Needed - Non-Fault Losses - galileo

If the other driver was totally at fault, you or your insurer should be claiming from their insurer. As suggested, you need a solicitor's advice.

Edited by galileo on 09/01/2019 at 13:56

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