murran
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get the car back!! why did you let them take it??
you can demand an assesor comes to your house.........
this will be a sharp learning curve for you!
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Dez
Club Retro Rides Member
And I won't sit down. And I won't shut up. And most of all I will not grow up.
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in all honesty, youll be lucky to ever see it again now theyve taken it ![:-/](//storage.proboards.com/forum/images/smiley/undecided.png) and if you do, you can be sure itll cost you a lot to get it back, and it wont be in the condition it was when it left. i feel youre gunna learn the hard way on this one....... everything everyone has said is true, and tbh id expect much worse to happen cos its a 'joke' car to most people. so theyll treat it like sh1t.
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crazymonkey
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ummm....what was I doing again???
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don't know if its just me but I would have got the "its to be repaired not just scrapped" thing you said about in writing with the insurance companies signature, at least then you might have had some comeback should anything happen. Probably wouldnt make a difference knowing what insurance companies are like but at least you'd have some kind of agreement on paper. Really hope it doesnt pan out as bad as everyone thinks. Not looking too hopeful unfortunately with all the tales Ive heard but you never know, you might have a happy ending. ![:)](//storage.proboards.com/forum/images/smiley/smiley.png)
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whoever said dogs were man's best friend....obviously never heard of cable ties
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This is all very scary stuff! It was the guilty pary's insurance who took it, not my own. They said they will let me know the decision by mid day tomorrow (Tuesday), so I'll make sure they deliver it straight back again now they have seen what they want to see. As you say, it is still mine until anything has been agreed upon by me. Luckily it has not gone far, just down the road. I had a long chat with the driver about the car who seemed quite amazed to see one after so many years and I made it clear that nothing was to be destroyed or removed no matter how broken it is, as one way or another, the car WILL be getting repaired. He was pretty sound with me, but as you say, he was only the driver and who knows who gets their grubby mits on it once it reaches where its going.
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I've seen Capris and Plymouth Baracudas get wrecked in storage yards so I'd be wary, you want it back ASAP.
I'm not sure what the insurance deal is with "they have to repair it", I don't think this can be the case. I mean if your car got blown up and crushed by a run away tank there would be no way. I suspect they can always get out with an offer of market value.
This is why agreed value insurance is important for our kind of cars.
TBH I wouldn't trust anything anyone in an insurance call centre told me, and you won't get anything in writing from them either, especially if they have to send you a letter from Mumbai...
I'm following this one with interest, heaven forbid I should end up in the same situation but who knows with the traffic out there...
Did you make sure you have legal protection on your insurance? This may be a time when you need it...
Good luck. Keep us posted.
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1937 Austin Street Rod - 1941 Wolseley Not Rod - 1956 Humber Hawk - 1957 Daimler Conquest - 1966 Buick LeSabre - 1968 Plymouth Sport Fury - 1968 Ford Galaxie - 1969 Ford Country Squire - 1969 Mercury Marquis - 1970 Morris Minor - 1970 Buick Skylark - 1970 Ford Galaxie - 1971 Ford Galaxie - 1976 Continental Mark IV - 1976 Ford Capri - 1976 Rover V8 - 1994 Ford Fiesta
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Not sure if I have legal protection included but I've had them on the phone already. They said they can help me if MY OWN insurance company carried out the repair/recovery etc and the other party insurance refused to pay back the costs. As it is, the other party insurance has taken the blame and they are making all the arrangements so far, so not sure how legal protection could come into it.
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murran
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I'm sure we all wish you the best of luck with it. me too will be very interested in the outcome. keep us all updated. ![:)](//storage.proboards.com/forum/images/smiley/smiley.png)
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Depends on the policy limitations, and ah, yes, it may also only cover you for dispute with your own insurer... But the legal protection should be there to pay a solicitor should the insurance company not play ball (e.g. offers you £50 payout and declines to let you have the car back, etc.) although I suspect most of them are now more geared up to ambulance chasing and whiplash claims...
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1937 Austin Street Rod - 1941 Wolseley Not Rod - 1956 Humber Hawk - 1957 Daimler Conquest - 1966 Buick LeSabre - 1968 Plymouth Sport Fury - 1968 Ford Galaxie - 1969 Ford Country Squire - 1969 Mercury Marquis - 1970 Morris Minor - 1970 Buick Skylark - 1970 Ford Galaxie - 1971 Ford Galaxie - 1976 Continental Mark IV - 1976 Ford Capri - 1976 Rover V8 - 1994 Ford Fiesta
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Ads 19
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My old r19
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you can always decline the offfer they give you. eventually they will actually take you to an ombudsman, and they will end up paying out market value. which is likely to be £150. Any negotiation they make should be your insurance company. as if you had guarenteed replacement car on your policy they would be liable to that cost incured. get car back asap. but any damage caused extra you will have to factor in as by letting them take it you have let them do as they wish to carry out their inspection. an assesor will always come out to you if need be. cost of claim will have already gone up to recovery. Unless you get a good offer, tell them to go out and find a replacement car. They will have to find one for you. Finally never let them have the log book. I've had numerous cars where insurance co tried to slap a cat B on it. by keeping logbook they remained HPI clear Best of luck and keep us informed how you get on
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I honestly never knew you could demand they come out to you. I'm waiting for their call now, so as soon as they have checked it I'll tell them to bring it straight back. There's no need for them to keep it any longer - unless they are repairing it!
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Jan 10, 2012 10:00:45 GMT
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I'm fascinated by this idea they are bound to provide you with an identical replacement car. Now I can see you may be able to do this if we were talking about a silver 56 plate Mondeo 1.8LX with 60,000 miles or something they could go find one in a reasonable time and say "well this one is near identical, its got 63,000 miles but its got the heated front screen and sat nav yours didn't, so we'll call that quits". But if you are talking about a car which is as old and unusual and perceived as low value as the OP's then I'm not sure anyone but us would see it as anything but an old banger. Even the ombudsman might nod it through if they offer you a shabby Y reg Astra as a replacement.... hey, its just a car, right?
I know when the ex-wife's Mini got hit they offered her £1500 and a write off, so I said "find me one for that money, go on, show me an advert in autotrader for one at less than £3K" and then they authorised the repairs without any further challenge.
BUT that was a car worth £3k. Or near enough. And that was at market price. curse word insurance was trying it on. That was some crappy call centre quote you the merekat type place.
I hate to sound like I'm a stuck record but if I have a car I care anything about its insured with a specialist and with agreed value, right of salvage, all that. Also means you don't end up dealing with call centres where nobody knows who you spoke to last and what they said or agreed.
Fingers crossed for you.
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1937 Austin Street Rod - 1941 Wolseley Not Rod - 1956 Humber Hawk - 1957 Daimler Conquest - 1966 Buick LeSabre - 1968 Plymouth Sport Fury - 1968 Ford Galaxie - 1969 Ford Country Squire - 1969 Mercury Marquis - 1970 Morris Minor - 1970 Buick Skylark - 1970 Ford Galaxie - 1971 Ford Galaxie - 1976 Continental Mark IV - 1976 Ford Capri - 1976 Rover V8 - 1994 Ford Fiesta
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scruff
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Jan 10, 2012 13:01:32 GMT
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They will not pay more than 'market value' for repairs.
It's unreasonable to expect them to spend £2000 to fix a car with an open market value of £200. Harsh but true, a write off is where the cost of repairs exceeds it's eventual value and that is exactly what you have here.
However you should also not be disadvantaged and be in a worse position so they must put you back in the same pre-accident status - ie with a working car so argue that.
Before the crash your pride a joy was running, legal, taxed, insured, etc, etc so you must therefore be put back into that condition, just not necessarily in that car as it's beyond ecoomic repair.
Therefore they they pay you for a similar condition car, you buy your car back for scrap and fix it.
First settlement will be 'trade price' you MUST reject this and back it up with adverts for similar cars costing more, also supply pics to back up the condition of your car. If that's not possible then it's going to be tricky to get the offer up. Remember that you have to accept their offer, they cannot impose one on you.
Good luck!
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Last Edit: Jan 10, 2012 13:02:34 GMT by scruff
1994 Lotus Esprit - Fragile red turbo with pop up lights. 1980 Porsche 924 - Fragile red turbo with pop up lights.
I spy a trend...
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1900sr
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I like Mantas me!
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Jan 10, 2012 13:12:37 GMT
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If they don't repair the car (and I'm sure they have to if you push it, maybe citizens advice can advise more ) then you want a payout in lieu of repair, that way the car will be still be yours and won't be written off.
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MrBen
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Jan 10, 2012 13:29:25 GMT
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There was briefly some case law from a situation where a judge sided with a driver's right to have the car repaired, even if it was economically not viable. However, this didn't last long and my understanding of the legal position is that has been reversed and we are back to a position where the at fault driver's insurers are only required to pay reasonable market value.
In the case of the Proton here, I fear that market value will not be much. All you can really do is produce adverts for anything similar and bills to prove the condition and fight for a reasonable payout.
For future, I would always recommend taking an agreed value policy on any car along these lines.
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Toy: 2001 Porsche Boxster S - almost retro! Daily: Modern BMW 435i - less exciting but quick!
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Jan 10, 2012 13:42:31 GMT
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They will not pay more than 'market value' for repairs. It's unreasonable to expect them to spend £2000 to fix a car with an open market value of £200. Harsh but true, a write off is where the cost of repairs exceeds it's eventual value and that is exactly what you have here. The key in this case is proving that is a £2k car, not a £200 one. If a letter from Proton saying this was such and such a model of which only 900 were made or something, could be obtained, that would help immensely. The OC should be able to do something too but sound disinterested. Get out all the receipts for all the work and parts you've bought. Do you have an agreed valuation with your own insurance? I seem to remember one of the classic car mags or websites had a valuation process you could maybe avail of? You want it in writing with someones header on the paper that the car is worth such and such an amount due to rarity etc.
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Jan 10, 2012 14:02:17 GMT
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rarity doesn't equate to high value unfortunately. The time to agree a cars value is at the time you take out your insurance. There is plenty of precedent that says just because you spent £10,000 on a £500 car it doesn't make it any more than a £500 car.
You need to show sales of similar vehicles at values similar to what you are claiming for yours.
Unless you already have an agreed value with your insurer
Is my understanding.
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1937 Austin Street Rod - 1941 Wolseley Not Rod - 1956 Humber Hawk - 1957 Daimler Conquest - 1966 Buick LeSabre - 1968 Plymouth Sport Fury - 1968 Ford Galaxie - 1969 Ford Country Squire - 1969 Mercury Marquis - 1970 Morris Minor - 1970 Buick Skylark - 1970 Ford Galaxie - 1971 Ford Galaxie - 1976 Continental Mark IV - 1976 Ford Capri - 1976 Rover V8 - 1994 Ford Fiesta
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Jan 10, 2012 18:17:43 GMT
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When my blue SIerra got written off a few years back. They offered me summut like £200. I said not on your nelly! They asked for adverts showing other cars in similar condition and spec. I argued it out for a few weeks. They argued my 37,000 miles MUST be 137,000 miles because of it's age and 5 digit clock. I sent them lots and lots and lots of pics of the car pre accident to which they FINALLY agree'd it was very good condition and gave me £500 in the end. Which i was happy enough with, but the car was on my brothers drive. They never put it on the register, they never even charged me to keep the car, they actually GAVE me another £50 to dispose of it!
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murran
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Jan 10, 2012 20:26:39 GMT
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back in the day (like 10 years ago)..... i had an old mk1 golf 1500gl. it was the tattiest pile of golf ever. i got rear ended by someone in a cavalier. his insurance wanted to take that away to be inspected. i said no, i was still using it and its still perfectly drivable (bar the rear panel had been shoved in and the boot wouldnt shut since i opened it post accident) assesor came and said yep that'll be written off. i said I'm still using it and don't want it writing off.... id like to repair it myself and would like a contribution to repair it that equals its market value. they agreed and sent me a £300 cheque. was more than happy with that..... didnt cost me owt to pull the back panel out a bit so the boot would shut.
i didnt repair it fully in the end. mot ran out, so i pulled the engine/box out and scrapped the rest.
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murran
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Jan 10, 2012 20:41:54 GMT
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the other advantage to the assesor coming to you is that they can see the car with you. you can talk to them face to face about the car, show him the history, tell him/her how rare it is etc. having met the owner the assesor then has a face to put with the car. he can then put it to the company what you want the outcome to be.
far better than him seeing another ownerless smashed up car in a yard, valuing it at £200, him telling the company this and you fighting them to prove/suggest otherwise.
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Garry
East Midlands
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Jan 10, 2012 20:50:38 GMT
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Possibly related, last year my N-reg Corsa got bumped, it was pushed from behind in stationary traffic into the car in front. Damage was quite severe. I was able to drive it the 7 miles home but it was definitely not roadworthy, the boot wouldn't open, the rad was pushed well back etc.
The insurance agreed value was £245 (silly of me, but I didn't expect to be used as a brake and wanted to be on the road ASAP). They came and took the car away, and assessed it, decided it was a write-off. I didn't see it in the policy details, but apparently the deal was agreed value or the market price, whichever was greater. So, they looked for a similar-aged Corsa with similar miles, (64k), couldn't find one so wrote a cheque for £650 as that was the market value.
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