Damaged..............

[grahamcol]

Told them that tonight, just get 'it's paid out on market value' They'll have me to deal with tomorrow, if they can't find another similar model for £4500 then their market value quote is well under value. I have been on AT and the Bay, £4500 yer right!

Good for you !

 

[00slk]

I've been following this with interest. Gutted for the op. Insurers really are the pits ! ****** highway robbers wanting maximum cash in with premiums yet they want to screw you when you make a claim. High time something was done about all of this I think, but goodness how ! I hope this gets resolved to the satisfaction of the op.

Yes know where your coming from. We're not making a claim off our insurance, the other insurer have admitted liability so they are taking care of it. If they can't come up with a reasonable value backed up buy sold cars them their valuer is just a clown. It was our intention to have someone run a junction nor was it our intention to sell the car, so why should we be out of pocket.

 

[flowrider]

Told them that tonight, just get 'it's paid out on market value' They'll have me to deal with tomorrow, if they can't find another similar model for £4500 then their market value quote is well under value. I have been on AT and the Bay, £4500 yer right!

I would be well hacked off to be offered £4.5k, that's minimum market value.

 

[grahamcol]

Yes I realise you're claiming on the other drivers insurance. My view is they're liable whatever and they MUST place you in the position you were in immediately prior to the accident and therefore you're right to insist upon full retail market value settlement for a vehicle comparable to the one damaged. I have a R170 which is worth at least £7k due to mileage, condition etc yet a lot of these are rusty and worn out and worth very little. I'd be absolutely hopping mad to receive a derisory offer for it in similar circumstances to yours. Fight on and good luck ! x

 

[sl500amgsport]

Ok this is how to handle the cowboys, it is their insured's responsibility being the party at fault to put you back into a position you were in before the accident took place, whether financially or otherwise. They have the contract of insurance/indemnity with their insurers.

You only have a duty to mitigate your losses.

You can argue that you need immediate transport whilst the incident is resolved and you are entitled to hire a car on a like for like basis, find a classic car hire company and get a weekly hire rate from them for an R230 SL (this is going to be expensive). Tell them you are going to hire this vehicle until they agree your claim and you will be looking to their insured for payment (pressure is now on them settle).

Find the most expensive R230 SL500 for sale out there of a similar age and send it to them in writing. Tell them you consider that to be on a par with your vehicle. If they counter less, demand evidence and if necessary pull it apart (wrong spec, accessories etc). Whilst you hire and the longer they procrastinate the more it is going to cost them and the more likely they are to up their offer.

If they do not make a sensible offer also tell them it is your intention to instruct solicitors to sue their insured (this will cost them even more).

I made a rather large insurance company who advertise with a red telephone pay over £3k in car hire fees using similar tactics and ended up getting all that was asked for.

Mercedes SL500 R231

 

[LostKiwi]

If you're getting nowhere try talking to freemotorlegal. Pretty sure the insurer will back down pretty quickly once a legal firm get involved...

 

[00slk]

As SL500amgsports says, I have got my little list ready for their call today and also the legal side of things as their insurer have full cover which is not being adhered too, so they are in breach of contract.

Personally we would rather keep the car as we know it is a nice one and get it repaired. We know the other ones out there need a lot of money spent on them, and don't particularly want to go through those expensive repairs. Looked at whats for sale and then do an MoT checker and it really raises eyebrows, especially how suspension leaks can be a fail, the 3000 mls later same fail next mot???

 

[L John]

I've fortunately never been in the situation but as I understand it, if it's written off they take your car?
Ask for a buy back option and get it sorted, unless the car is bent causing wheel alignment problems it should be an easy repair.

Oops, just read your last post saying you would rather keep it, surely that must be an option?

 

[John Laidlaw]

Maybe an option would be if it’s written off to buy back if cheap enough and use this one as a donor car if you can purchase another cheaply enough? Just a thought if you’ve the appetite

 

[00slk]

I've fortunately never been in the situation but as I understand it, if it's written off they take your car?
Ask for a buy back option and get it sorted, unless the car is bent causing wheel alignment problems it should be an easy repair.

Oops, just read your last post saying you would rather keep it, surely that must be an option?

Yes we would rather keep it, better the devil, though we know it is not a devil her car, plus my wife likes her car and if it was to be replaced it would have to be a similar colour both inside and out. She got into the 55 the other day and with it being black inside and out it was like an oven inside, the 500 is much cooler on the hot day especially if kept closed up and in the sun.

 

[00slk]

Maybe an option would be if it’s written off to buy back if cheap enough and use this one as a donor car if you can purchase another cheaply enough? Just a thought if you’ve the appetite

That too has gone through our minds John (great minds........) Got the space, have I got the time? So far we have had an excellent offer to repair her which is very very tempting and I am sourcing parts which is working out in our favour. Just waiting for the insurance to call back.

 

[JBell]

Ok this is how to handle the cowboys, it is their insured's responsibility being the party at fault to put you back into a position you were in before the accident took place, whether financially or otherwise. They have the contract of insurance/indemnity with their insurers.

You only have a duty to mitigate your losses.

You can argue that you need immediate transport whilst the incident is resolved and you are entitled to hire a car on a like for like basis, find a classic car hire company and get a weekly hire rate from them for an R230 SL (this is going to be expensive). Tell them you are going to hire this vehicle until they agree your claim and you will be looking to their insured for payment (pressure is now on them settle).

Find the most expensive R230 SL500 for sale out there of a similar age and send it to them in writing. Tell them you consider that to be on a par with your vehicle. If they counter less, demand evidence and if necessary pull it apart (wrong spec, accessories etc). Whilst you hire and the longer they procrastinate the more it is going to cost them and the more likely they are to up their offer.

If they do not make a sensible offer also tell them it is your intention to instruct solicitors to sue their insured (this will cost them even more).

I made a rather large insurance company who advertise with a red telephone pay over £3k in car hire fees using similar tactics and ended up getting all that was asked for.

Nailed it, I would do this and wait for their response

Their offer is laughable

https://www.autotrader.co.uk/classi...=at_cars&year-from=2003&model=SL CLASS&page=1

 

[Capra]

I hope you get the result you want. I agree, this should be like for like.

 

[00slk]

Nailed it, I would do this and wait for their response

Their offer is laughable

https://www.autotrader.co.uk/classified/advert/201807058165350?make=MERCEDES-BENZ&onesearchad=Used&onesearchad=Nearly New&onesearchad=New&sort=price-desc&year-to=2004&radius=1500&colour=Blue&minimum-badge-engine-size=5.0&postcode=tq12hf&advertising-location=at_cars&year-from=2003&model=SL CLASS&page=1

In actual fact that is the car they found on AT and said it's double our valuation then went on the talk mileage as ours has double that

 

[AMGeed]

Sorry to read this. Insurance companies playing games again too. Its funny they are prepared to take your premium for the agreed value of the car at renewal time, then baulk at paying out the same sum after an accident.
Dig your heels in until you are happy with the offer.

 

[L John]

Its funny they are prepared to take your premium for the agreed value of the car at renewal time, then baulk at paying out the same sum after an accident.

If it's an agreed value policy, that is set in stone, minus any agreed excesses or salvage.
When they ask the value of the car at renewal time, that's just to put a cap on a full loss claim and the insurance will be higher with a higher cap but that doesn't mean they will pay the cap price as that is not an agreed value.

 

[sl500amgsport]

If it's an agreed value policy, that is set in stone, minus any agreed excesses or salvage.
When they ask the value of the car at renewal time, that's just to put a cap on a full loss claim and the insurance will be higher with a higher cap but that doesn't mean they will pay the cap price as that is not an agreed value.

Totally different scenario here, claim is being made off other party's insurers so no contractual conditions apply.

The OP is entitled either for his car to be totally restored to its original pre crash condition or to be paid it's full market value (the latter falls under duty to mitigate the loss and a claimant is not entitled to betterment).

Full market value is the amount required to buy either an identical vehicle or one as close as possible with regard to age, condition and mileage.

If the insurers fail to agree this simply sue their insured for the correct market value plus any reasonably forseeable additional losses (car hire, damages for any personal injuries, out of pocket expenses such as towage, storage etc).

The minute the insurer knows you mean business, you understand your legal rights and will take steps to enforce them is the minute they will start being reasonable and make proper settlement offers.

A decent solicitor should be able to obtain the required settlement for you with 1x purposeful letter of demand and a few phone calls, perhaps around 3 hours work or less than £600. Make this your plan B if you do not fancy issuing a County Court Default Summons yourself.

Mercedes SL500 R231

 

[L John]

Totally different scenario here, claim is being made off other party's insurers so no contractual conditions apply.

Really?
You're saying even an agreed value policy doesn't pay out the agreed value because the other insurer is paying out?
If it's fully comp would that make a difference with the OP's insurer making up the loss?
In either situation would it put the OP renewal up because a claim was made, even though it wasn't his fault?

 

[malcolm E53 AMG]

Sorry to see this and always an emotional time resolving the issue.

Without an agreed value policy the OP isn’t in a position to dictate values and the only way to counter the insurers initial offer is to find the closest price/spec cars on the market and use that information in the negotiation.

The fact that the car is in exceptional condition and well sorted in mechanical terms doesn’t carry any weight so sticking out for the best price is the only option, the insurer will have a price range to adhere to so finding the top end is where you need to be.

They will want to resolve this in a timely manner so make sure you take up plenty of theirs

Good luck with it and as you say a buy back is your best option if the car is as good as you say and is a keeper

 

[Capra]

Really?
You're saying even an agreed value policy doesn't pay out the agreed value because the other insurer is paying out?
If it's fully comp would that make a difference with the OP's insurer making up the loss?
In either situation would it put the OP renewal up because a claim was made, even though it wasn't his fault?

So, are you saying the op should make a claim on his insurance? He would pay any excess, plus lose NCD, then expect future premiums to rise.