2 car insurance claims - car written off 2nd time before 1st repairs done

Had an accident in car which resulted in some damage to the side of the car. The liability for this is currently disputed.

Had some hassle with the insurance company where they tried to force me to use their recommended repairer. Ended up they made a cash settlement (minus excess and minus VAT which they said they'd pay upon production of an invoice) to pay for the repairs.

They offered me £1250 for repairs, my quote was £1300, excess was £50

0 (yeh, I know!!), so they gave me £563 with the promise of £186 when I produced a VAT invoice.

Car was booked into the garage to be done (I was going to be about £50 out of pocket with the cash settllement being less than the quote), when my wife was unfortunate enough to have an accident.

Subsequently, the car has been deemed a total loss with the insurance company making a cash settlement.

So now I've still got this £563. I will have to pay the garage I had the car booked in with some out of pocket expenses because they have to return the parts they'd already ordered but its bot going to be that much.

Of course, I wont be able to get a VAT receipt for the repairs now because they'll never happen, but theoretically if the disputed claim comes out my way, I could get my excess of £500 back !!!

The insurance companys engineer who inspected the car would have seen the side damage hadnt been repaired yet (Damage to car causing write off was rear shunt so all the damage was to front end not side).

What normally happens in this case? Where do I stand legally? As far as the insurance company is concerned is the first claim closed since they settled by cash? Wont they find it strange that I never claimed the VAT?

Not really in my interest to pay the money back voluntarily in an attempt to save my no claims from the 1st claim because the 3rd party will have claimed for damage to their vehicle anyway. So regardless of whether I add to this claim its all going to depend on how liability is decided.

Reply to
paulfoel
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Have you had the cash settlement for the write-off? I'd have expected the chap who inspected it to report ots damaged condition and for the write-off value to be reduced to reflect that.

Ian

Reply to
The Real Doctor

Not yet, but they've made the offer. No reduction was made....

Reply to
paulfoel

How do you know? Have you seen a copy of the engineer's report?

Reply to
freepo

I'm assuming it hasnt otherwise I've had a mega bargain when I bought the car 3 months ago....

Reply to
paulfoel

On Jul 16, 9:29 pm, paulfoel wrote: ...

The over arching consideration is that you should not be paid out more than the car was worth at the time of the second accident assuming the first accident had never happened. Since you made two claims, it is similarly not unreasonable to have to meet the 500 pound excess for each accident. Therefore the correct payout would be the value of the car (assuming it was undamaged) at the time of the second accident less what was paid after the first accident to cover the undone repairs less 1000 pounds excesses.

I am pretty well certain a court would uphold his approach under the principles of equity.

Reply to
peterwn

The insurance company are the experts, though. If they say a car is worth so much, it is. Provided the OP hasn't made any false statements, why should he volunteer to have his payment reduced?

Reply to
Norman Wells

And I did remind the insurance company that the damage to the side of the vehicle was caused by the previous claim not the current one. I wanted to ensure the garage only quoted for the new damage since I was hoping the car would not be a total loss.

Reply to
paulfoel

Context is all, but this is a very dangerous idea to express !

Reply to
Fergus O'Rourke

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