Hello my name is ***** ***** I will help you with this.
For now please let me know on what basis they are refusing to pay more?
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.
Ok, what you need to do is raise a formal complaint with the insurance company
They are not obliged to pay for like for like.
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.
But write formally and make a complaint.They will investigate this for you and report back to you.
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
Can I clarify anything for you about this today please?
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
You want to take them or the person that caused the accident to Court.
You can do that.
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.
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.
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.
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.
You can add the person that caused the accident as one defendant and the insurance company as second defendant.
The Judge can decide who is to blame for this
thank you most helpful i will do that
Can I clarify anything else for you?
Only how much will it cost to go to court and what is the likely hood a success?
You can find the Court fees listed here:
Its hard to say, it depends on the Judge mostly.