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JGM, Solicitor
Category: Law
Satisfied Customers: 12199
Experience:  30 years as a practising solicitor.
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My car went on fire on 25/2/17. i have fully comp insurance

Customer Question

my car went on fire on 25/2/17. i have fully comp insurance and the car was recovered. I have heard very little from (axa) my insurance company, however i had a call from a company called hoopers (axas engineers) last week to discover that my car has only been taken apart for inspection and there is still no decision at the moment whether or not the car will be written off. In my own opinion i think that everything is taking far to long , i thought i would have a repaired car back by now (15/5/17). In the mean time the car is still taxed , insured etc even though it is still in bits. I was also entitled to a courtesy car which i declined as i did not think it would take this long. The car that went on fire is a porsche 911 and the courtesy car on offer was a fiesta, would i now be in a position to demand a like for like car seen as it is taking so long and where do i stand legally with regards ***** ***** length of time the repair is taking.
Submitted: 11 months ago.
Category: Law
Expert:  JGM replied 11 months ago.

Thank you for your question. I am a solicitor in Scotland. As this is not a third party claim you would be unlikely to be able to claim a like for like car unless your policy provides for that. However there has been undue delay, nearly three months. Demand an exaplanrion from your insurers and if they don't reply or the reply is unsatisfactory, technically you can sue them for breach of contract under the policy on the basis that there is an implied condition that any claim will be dealt with in a reasonable time. However you would have to fund any court action and it may be better to contact the financial services ombudsman and lodge a complaint. They may take some time to process the complaint but in turn the fact you have some so may speed up your insurer. I hope that helps. Please leave a positive rating so that I am credited for my time.