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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hello On 7th November my land rover was hit whilst parked

Resolved Question:

Hello
On 7th November my land rover was hit whilst parked outside my house by an 84 year old man who had jyust come out of hospital. The car is a category c write off and my ins co have offered me £3500 total loss. However this is not enough to replace my vehicle with like for like as the nearest cost I can find is £4400. My ins will not pay anymore, will not repair the vehicle and will not replace it. I will have no car to drive from the 29th December as the hire vehicle runs out then and they won't extend it. I only had the car 18 mths and had only just finished paying for it and I feel that it is totally unjust that I now have to find another £1000 in order to get a similar vehicle. I have always had old cars and this was my first newish one (2003) and I feel that my ins co is being totally unhelpful and that the man's insurance should be prepared to pay all costs plus enough for me to get another landrover of same year. I need a vehicle as I work in a different town, my daughter is at school half hr away, I have a horse plus ladies who rely on me 3 days a week and without a car I am completely stuck - but again ins co say I can't have hire vehicle as my policy doesn't cover it surely that is the man's ins that should be paying? I feel that the whole ins system is not at all helpful and is happy to take your money but will do little in return. The hire vehicle itself must have cost £1000 or thereabouts - why on earth didn't they give me the money?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know on what basis they are refusing to pay more?

Customer:

They say that it has high mileage for the year (it has but it had new engine 2 years ago) and that according to Glass's guide etc it is only worth £3500 - however I have looked at Auto trader site, Parkers Used Car site and Glass's guide site and cannot find any vehicles the same year and make/model as mine for under £4500.

Alex Watts :

Ok, what you need to do is raise a formal complaint with the insurance company

Alex Watts :

They are not obliged to pay for like for like.

Alex Watts :

They only need to give you a price for what it is actually worth.So if they assess it at that using evidence then that is the correct price.

Alex Watts :

But write formally and make a complaint.They will investigate this for you and report back to you.

Alex Watts :

If they do not uphold the complaint then you can raise an issue to the Ombudsman. They are free, independent and can examine your complaint for free. Their website is: www.financial-ombudsman.org.uk

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

I have complained and they still say it is only worth£3500. This means I am having to a) find a car that is older and in worse condition than mine was, b) find another £1000 in order to get a similar vehicle. and c) need to be able to teleport myself everywhere after the 29th. You haven't told me anything I don't already know. Why am I being penalised when IT WAS NOTHING TO DO WITH ME

Alex Watts :

You want to take them or the person that caused the accident to Court.

Alex Watts :

You can do that.

Alex Watts :

You need to write and set out your losses and request a refund of the £1000 within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

Alex Watts :

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

Alex Watts :

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

Alex Watts :

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

You can add the person that caused the accident as one defendant and the insurance company as second defendant.

Alex Watts :

The Judge can decide who is to blame for this

Customer:

thank you most helpful i will do that

Alex Watts :

Can I clarify anything else for you?

Customer:

Only how much will it cost to go to court and what is the likely hood a success?

Alex Watts :

You can find the Court fees listed here:

Alex Watts :

https://www.justice.gov.uk/courts/fees

Alex Watts :

Its hard to say, it depends on the Judge mostly.

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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