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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11138
Experience:  30 years as a practising solicitor.
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I am having a dispute with my insurance company over my

Customer Question

I am having a dispute with my insurance company over my vehicle which was damaged in a accident last December. The vehicle is a commercial vehicle truck, under ten years old and the insurance was fully comprehensive. The vehicle was in excellent condition, well maintained, serviced and had very low mileage. The insurance company currently have my vehicle and declared it a total loss. They have no intention of repairing. They made a offer which I rejected. They requested like-for-like example which I couldn't provide as there are no like-for-like on the market together with the manufacturer have ceased producing the vehicle model. I had a letter from the insurance company stating if I do not contact them within seven working days they will send the vehicle back to me damaged. I'm seeing this more of them pushing me to accept their offer. I would be grateful where I stand legally regarding this against the insurance company. My aim is for a offer but not what they are offering or for them to repair which they are unwilling to do.

Submitted: 1 year ago.
Category: Law
Expert:  JGM replied 1 year ago.
Thank you for your question.
The legal position is governed by the contract of insurance that you have with the insurance company. Typically a comprehensive policy will provide for a market value cash settlement of a repair is not possible.
You have a dispute over value with the insurance company. You could go to the insurance ombudsman but in my experience a way to try to resolve this is to appoint your own loss adjuster to negotiate settlement for you. You will be aware that insurance companies use loss adjusters to act for them in the negotiation of claims. It is less well known that you can do so yourself and in this type of situation a professional loss adjuster will be able to negotiate with your insurers better than you would be able to do yourself.
Happy to discuss.
Please leave a positive response so that I am credited for my time.

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