My Christmas Present

[Buck]

Sorry to hear this - stressful and something you could do with out.


One thing to bear in mind is that your insurance company will be working on your behalf to claim off the third party and I would expect that they will invoice the other insurer with your full costs including replacing your car with a like for like - i.e. as the ED35 is no longer able to be ordered they will try and source as near spec as possible ("they" might be you!) and then work the figures from there.

From my understanding it won't be worth you taking a cash settlement as this will be more of a book value rather than new value.

I'd be on the phone Monday AM with a list of questions...

Good luck and keep us updated.

[Whiteshirt]

Not got GAP

Would you believe, this is the first car I have had without it, (sods law)

Many thanks for the posts.  I will keep the forum updated.

Anyone had experience of taking the cherish plate off a total loss car, before the Insurance settlement ?  (easy? straightforward?)

[Neil gti]

Not got GAP

Would you believe, this is the first car I have had without it, (sods law)

Many thanks for the posts.  I will keep the forum updated.

Anyone had experience of taking the cherish plate off a total loss car, before the Insurance settlement ?  (easy? straightforward?)

I lost my private plate on my mk5 when that was written off,
The claim was taking for ever to go through and I didn't get a courtesy car as the car was a total loss, I was left without a car until the settlement eventually came through and the insurance company told me that removing the plate would drag it out even further, after the car is officially written off if you haven't claimed your plate back I think DVLA take over ownership ? (Don't take this as gospel) 
It was a very stressful time as my house and my pride n joy were flooded out, so can't remember the exact details as to why ( I did have gap insurance tho and got back 25k on a 2.5year old car)

Look into getting your plate back as early as poss as it will delay the claim, they use any excuse to hold onto the money as long as they can in my experience,
Hope all goes well for ya 

[Whiteshirt]

Latest update.
My insurance Aviva are sending their engineer to look at it.

Spoke to the bodyshop assessor, he says can't understand why, he has never seen an Aviva engineer
and anyway the other persons Insurance, Direct Line are paying.

Anyone got any ideas whats going off???

[Buck]

I'd think that this was merely due to the amount of damage and that it is potentially to be written off.

Hopeffully, nothing to worry about but Aviva may need to confirm to Direct Line that they have had sight of the vehicle and can confirm the extent of the damage.

[Big_Dave]

They might want to make sure there's no foul play at work, it's going to be a big claim. Don't worry about the assessor.

Get your number plate off ASAP is my advice, but I'm not actually certain legally you'll be able to now that it is recorded (potentially) as written off on the Insurers database. Inform your insurer at the first opportunity that you are under no circumstances losing the plate. 

As soon as the insurers compensate youfor a write off/stolen not recovered, legally, they own the number plate. I have heard story's where insurers have told people they can't have their plate back when a vehicle has been written off...usually only a problem if the number plate is worth a lot of money. I've gone into this in great detail as I have a valuable plate on mine.

[phil1975]

Jessssssus H! Glad I took out gap insurance.

Hope you get everything sorted out.

[Whiteshirt]

Because it was close to the 60%, they have inspected it twice.
They have now agree it is beyond economical repair and have said that they will scource a new one
with the same spec.  If they can't they will give me market value. Can they do that???
I am being penalised, because if the car is easily available they would give me a new one similar spec.  If the car is not
easily available, they are going to give me less.

Am I right in thinking the ombudsman has ruled that is not right??

Form gone to DVLA for plate retention (the insurance are ok with this)

[Whiteshirt]

Straight off the financial-odubsman website

10. "new for old" seldom applies

Most motor-insurance policies require the insurer to provide a new replacement only where the vehicle is written-off within a specified time – typically within 12 months – after the date of first registration. After that, motor-insurance policies rarely require the insurer to provide a new replacement. Where the vehicle was pre-registered by the dealer before sale, we usually treat the vehicle as if it was first registered when it was first sold.

Disputes can arise about this where the "new vehicle provision" says that the insurer is only liable to provide a new vehicle if the same make and model (and sometimes specification) is still available in the UK market. We are likely to consider it unfair for the insurer to pay less than what it would have cost the insurer to replace the vehicle with a new one if it had been available.

Once you have a decision and need help trying to find a replacement let me know and I will try and point you in the direction of one so you can let the insurance company know where it is.

Lee

Many thanks for this information Lee.
I will keep you posted.

Lee any ideas were to locate one. The spec is as per signature

[Big_Dave]

As in the ombudsman's statement it says 'we are likely to consider it unfair' based on my experiences with insurers they may initially offer you 'market value'. It would be up to you to argue and ask the ombudsmen to get involved. It sounds like legally they are under no obligation to give you the money you paid in this circumstance, but, the ombudsman could imstruct the insurer to do so.

Give them a call, they're extremely helpful. They have such clout that if you're not happy with your insurer and the ombudsman gets involved, the insurer usually backs down instantly.