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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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I was involved in a car accident which was not my fault. An

Resolved Question:

I was involved in a car accident which was not my fault. An agent of the party's insurers (who are a sister company to my insurance company) initially said that there was no limit to the cost of repairs that would be carried out on my car as well as offering to give me a free courtesy car whilst it was being repaired amongst other things. I specifically asked if there would be a cap on the repair costs and was told that the car would be repaired to the same standard as it was before the accident. I agreed a date for the car to be seen by their authorised car repairers. I was then subsequently told that given the age of my car, that the advice given was incorrect and that if it was not economically viable for them to repair the car, that they would have to consider it as being written off and I would only receive the market value of it (which would be peanuts given its age).
Was is my legal position? Can I force them to honour the verbal agreement that was made?
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

Only a court may force the insurer to honour their verbal agreement, although if they made a genuine error in advising you, they may have a good defence to your claim.

You may complain to the insurer using their formal complaints procedure and if that doesn't work, you may take the case to the financial ombudsman service to make a determination.

See here for the process involved

http://www.financial-ombudsman.org.uk/consumer/complaints.htm

You may also go to court as a last option.

May I help further?

Customer: replied 2 years ago.

They have a recording of the conversation and also the specific question I asked as to whether the costs would be limitless with the response that they would be covered to ensure the car would be in the same working condition as prior to the crash.


 


I was also told that they were treating me as a third party claimant and I wondered if they subsequently reverted to this other view when they realised that I was insured by a sister company to reduce their costs.


 


If they stand by their fixed cost limit, would I be able to pursue the other party directly for any additional repair costs I incur. I also have motor legal expense cover and wondered if this was an option.


 


Thanks

Expert:  UKSolicitorJA replied 2 years ago.
Yes, you could make a claim against the person who caused the accident in the event your insurers ticks to the fixed cost limit.

You should call your insurer to see whether your motor legal expense policy will insure you for this claim against the person who hit you.

All the best
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
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