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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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My car was stolen (Audi SQ5 - 8 months old) and the insurance

Customer Question

My car was stolen (Audi SQ5 - 8 months old) and the insurance company wrote it off and offered to settle. The following day the car was located by police having been involved in a high speed chase. The insurance company said that as the cheque had not been issued they would have it repared and return it to me but they would check with claims manager on Monday as this was over the weekend. I called on Monday and spoke to claims handler, he referred it to his manager who said that they would honour the offer of settlement even though the cheque had not been issued and a check would be dispatched. Yesterday (Thursday evening) they called and said their had been a misunderstanding (i.e. their mistake - as they listerned to the call tapes) and they would not be honouring this agreement and the car would be recovered, repaired and returned. Do I have any legal redress? Thanks
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

What redress do you have in mind?
Customer: replied 2 years ago.

On the second occassion speaking to Admiral, they were aware of the facts i.e. that the vehicle had been recovered and they agreed to settle the cash value previously offered. They then subsequently renaged on this verbal agreement which I had accepted. I would like to know if there is any leagal grounds to compel them to adhere to their original offer?

As a secondary issue, I had purchased a replacement vehicle and having spoken to the dealer was given the option of a full cash refund if I returned the vehicl by Wednesday 17th December. As Admiral offered to settle the claim on the Monday I didn't take up the dealers offer. I spoke with the dealer this morning and he confirmed the offer was no longer open.

Just need to know what my opens are - is there anyway I can hold them to their original verbal agreement to pay the claim given they made this knowing the car had been recovered. If not what other options are open to me?

Customer: replied 2 years ago.

Will you be responding to my question?

Expert:  UKSolicitorJA replied 2 years ago.
Yes, there is a legally binding agreement and you may hold them to what they agreed and you accepted their offer to settle in cash and the consideration you showed was declining the offer of the dealer to return the vehicle by the stated date for a full refund.
You may now refuse to take the car back and sue the insurer for the amount they had agreed to pay you.
You may inform the insurer of your above decision and give them say 10 days to send you the money, if they do not do so, you may file a court claim against them at www.moneyclaim.gov.uk
Hope this helps
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
UKSolicitorJA and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Just one clarification:

Admiral made me an offer and I accepted their offer. They were fully aware that the Audi had been recovered at that point. Does that not consitute a legally binding agreement in its own right? I am in the process of requesting the tapes from the call from Admiral.

Admiral were aware that I had purchased a replacement vehicle (Land Rover) but were unaware that the dealer had offered me an opportunity to return the Land Rover as I spoke to the dealer on Saturday and on the Monday Admiral restated their offer to pay for the Audi in full?

Expert:  UKSolicitorJA replied 2 years ago.
Yes, that would be a binding agreement in its own right.
All the best

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