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How can I have the 'written off' tag removed from my repaired Mini?
My Mini was broken into and stolen in 2009 by a joyrider. It was recovered somewhat damaged a few hours later by police. My insurers promptly declared it would be written off, their assessor asserting that the cost of repairing the car would exceed its market value. This was untrue and was clearly a device to save them money. I provided incontrovertible proof that this was so, but it was only after the intervention of the Ombudsman that they reluctantly were obliged to agree. This has taken two years and an enormous amount of time and energy. The company's delaying tactics including not answering letters for weeks on end and then side-stepping the points raised.
Finally they have paid up at the Ombudsman's insistence but they still refuse to have the "written off" tag removed from the record, despite the fact that this Category C classification is a direct consequence of their assessor's initial defective report. The value of my car is thus significantly reduced owing to this flawed category assignment. What can I do to have this rectified?
Finally they have paid up at the Ombudsman's insistence but they still refuse to have the "written off" tag removed from the record, despite the fact that this Category C classification is a direct consequence of their assessor's initial defective report. The value of my car is thus significantly reduced owing to this flawed category assignment. What can I do to have this rectified?
Asked on 9 February 2013 by SR, via email
Answered by
Honest John
In that case you will have to see a solicitor about taking the matter to court, but you may have some problems. Insurance is not a normal contract. It is based on the concept of "utmost good faith". Additionally the courts have determined that paying the party who suffered the damage "market value" for the car puts him in the position he would have been before the damage was done. This is grossly unfair in many cases but that's how the courts and therefore the law sees it, until a case goes to the Supreme Court and the Supreme Court makes a different ruling.
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