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Car write-off (non-fault) with valuation too low - dac1

Hi,
Last week, a council truck reversed into the household car causing front bumper and left headlight damaged. The car is an Auris, 2007, 95k and in vgc condition cosmetically and mechanically. In this current market (Covid times and winter), having looked online, to replace the car like-for-like (Model, Engine, Year, Mileage, etc..) we are looking at £3k.

I was witness to the incident and council truck driver has accepted full liability (it's their fault). We rang our insurer and inform them of the incident. We then rang the council and informed them and in return we got an incident reference number from their side, which we gave to our insurer too. At present, this claim is currently working its way through the standard process. It will result in a non-fault claim.

This morning, our car was collected by Copart (the company our insurer uses to assess damage). We asked the driver of the process and, short story, he informed it may probably be a write-off due to its age, even though the damage is only a bumper and headlight.
Now a little panicked thinking it's a write-off, I did a little research online and the car value, via Parkers, is only £1k-ish - that's £2k short of the current market value to replace it.

I may be jumping the gun here but to prep for the car being written-off and only being offered £1k in return, I would like your advice/suggestions on how to:
A) enforce the car (front bumper and headlight) is repaired at the cost of the council.
or
B) to make sure we are offered the amount it would cost to replace it like-for-like.

This has us worried as we cannot afford to be out of pocket whatsoever. The car was parked on the road (nicely and legally) and the council truck reversed too quickly and crashed into it. Why should we be left out of pocket due to the council's fault.

We have motor legal aid on our insurance policy but we have been told that wouldn't help us should the valuation offer is greatly less that the cost to replace it.

Your advice will be much appreciated. Thanks in advance.

Edited by dac1 on 18/01/2022 at 12:40

Car write-off (non-fault) with valuation too low - FP

Some years ago (and others may have more up-to-date info) my car was written off after another piled into the back of it at a roundabout.

At the time we were skint and desperate to save money. I bargained with the insurance company, armed with adverts for the same make, model and age showing much higher prices) and got a sizable increase. I used that money to buy back the car from the insurer and paid a bit more to get it into reasonable shape. It was eventually written off again... by a driver who rear-ended it at a roundabout!

Totally pointless to attempt a repair this time. I can remember if I attempted to bargain with the insurance company again, but we bit the bullet, borrowed some money and bought another car.

Car write-off (non-fault) with valuation too low - sammy1

Seems a lot of insurers are using Copart. They do not repair cars as far as I am aware but put them on auction for the best price they can get for the insurance less their commission I would expect. It could be that the insurance decision was already made hence the collection. It is still your car, was it drivable after the damage? You need to contact your insurance company ASAP to make your position clear. The present retail prices of cars are not reflected in insurance pay outs especially on older cars. If the damage is as you describe only a bumper and headlight then you could get it repaired yourself using any body shop. You would need to negotiate the pay out to enable you to do this. It does concern me that the car was taken away and you were not directed to a repair shop

Car write-off (non-fault) with valuation too low - dac1

Thanks for your replies so far.
With further phone calls since I created this thread, I understand that Copart have been used to take the car to a location where the an assessor from IMS (Independent Management Solutions - www.imsolutionslimited.co.uk/) will assess it.

Our insurers knew the full story from the very first phone call when we raised it. They reeled off a load of shpill, I took it as normal protocol. They said a courtesy car will be provided and our assessor (IMS) will assess the damage.

Since the car was collected, earlier today, we've re-phone our insurer and stated we want the car repaired at the cost of the council, we've stated we do not want it written-off. We've also rang Copart and stated the same (as we did we the car was collected) and the Copart agent re-affirmed they don't assess the vehicle but only collect it. However, the Copart agent has put the notes on their system that we want it repaired.
We've just got through to the IMS assessor and he is saying, short story, if the repair costs more than the car then it will be written-off. He said, informally, the car is worth a £1k and not the £3k that we've stated. It said that's rubbish bit it isn't rubbish - we've looked online and they are all around £3k. This is unfair. We've had our taken away. softly suggested we'll get a £1k, but the car is to replace it is £3k. Why isn't is being repaired at the council's expense?? It's not like our insurer is paying for it. With your message 'Sammy1' then I wonder if we are getting the correct guidance.

If our insurer should've directed us to a repair shop, when they knew it was only a bumper and headlight and also the council was accepting liability, then why was this suggested?!?!? This is very frustrating.
The council were asking us for info on the incident too, but we advised them to contact our insurer for the process to begin and have their questions answered.

I am finding this very stressful. I want the car repaired at the council's cost.

UPDATE: Just got through to our insurer. They are saying that now the car is taken away we cannot get it back - what the hell!! If we knew this then we wouldn't have let Copart take it. It's only a front bumper and headlight casement that needs replacing. What cannot it just be replace at a repair centre and the bill gets passed to the council? Am I missing something here? I just feel that our insurer is misleading us when it is them we are suppose to trust. This is going terribly wrong, and if it continues to do so then can we escalate this - maybe to an ombudsman or to take legal action.
Right now, I am at a loss to how a bumper and headlamp cannot be replaced at the third-parties expense. Why are we at a loss when it wasn't our fault.

Edited by dac1 on 18/01/2022 at 15:52

Car write-off (non-fault) with valuation too low - Andrew-T

<< If our insurer should've directed us to a repair shop, when they knew it was only a bumper and headlight and also the council was accepting liability, then why was this suggested? >>

After a claim, insurers will estimate whether repair will cost more, or less, than dealer-price replacement. If more, they will immediately propose write-off and pay out their best guess of amount for you to be returned to the position you were in before the accident. They will keep the damaged vehicle for salvage and parts.

You have the option of keeping the car and repairing, in which case an insurer will pay out less, because they have 'lost' the salvage value of the car. You can then ask the bodyshop of your choice to do the work. Insurers usually assume owners will accept write-off rather than a repair, so they don't offer the choice.

Car write-off (non-fault) with valuation too low - Andrew-T

On Christmas Eve five years ago I was unable to avoid a car which emerged suddenly from a side turning hidden by a row of parked vehicles. The third party admitted liability (which made things easier) and their insurer (Aviva) contacted me for photos of the damage (the car was still driveable). They then offered me £3500 which they said was an average dealer price of a similar replacement, which I thought was fair.

My own guestimate to repair the damage was about £2000, so I asked my local bodyshop for their estimate, and offered to retain and repair. That was immediately agreed and I got £2250, which I had to top up with another £250. Car is still going, apparently unaffected.

Your accident sounds similar to mine, so if the car is structurally intact you might consider the same course of action. If you have a local preferred bodyshop, go there. You are not obliged to write-off your car, only to make it roadworthy; and you are not obliged to use the insurer's preferred repairer either.

EDIT - in answer to your more recent question, it is probably cheaper for the council to agree a write-off than a repair. YOU should arrange the repair and the council's insurer should give you a sum about half to two-thirds of write-off value. You need to dig your heels in here, but sadly the car is now somewhere else.

And the third party insurer was Aviva, not LV :-)

Edited by Andrew-T on 18/01/2022 at 18:38

Car write-off (non-fault) with valuation too low - dac1

Again, thanks for your input.
I think I will take another route in the advice I'm seeking, however before I do, I'll provide another update.
Having phone the insurer again to state our desire for the car to be fixed, we were told that once IMS have assessed the car they will contact the council themselves. Now, I am not sure of the specific reasons why as, to be honest, we are tired of getting conflicting information. We will phone the insurer tomorrow and request to speak with the Post-Claim department (seems this is the knowledgeable department) and seek to understand our options. It seems that each insurer agent we've spoken to today cannot give us a clear understanding.

I would like suggestions on how to approach this scenario, as I think it will come to this:
Let's say the assessor says it's an economical write-off. The book value is £1k but in today's real-term market, due to Covid, it's £3k. The assessor offers only £1k. I will then say 'find us a like-for-like car (make, model, mileage, engine, etc..) for £1k and we'll buy it' - when they can't and I can provide sales listings of the car being £3k then surely, and considering it's a non-fault claim, we should get just that. What is my best approach to get either the car repaired or compensated the £3k?
All due to it not being our fault and the other party accepting responsibility, we surely have a very solid grounding to get the car fully repaired or it replaced without expense to us. We do have 'Motor Legal Protection' with our insurance policy - is it this that can provide solicitor help to either get the car fully repaired or the money needed for a replacement??

Edited by dac1 on 18/01/2022 at 19:03

Car write-off (non-fault) with valuation too low - sammy1

It is a pity that Copart have the car. If the insurance write it off it may be classed as a Cat n or s. Both categories can be repaired. The insurance company will act in their interest not yours. The trade value as you say is about £1k. If they did not make it clear what Coparts role in this is, you should insist they return the car in the same condition as it left you. I mention this as they Copart do not treat these damaged cars as you might even to the extent of moving them with forklifts. My experience is that you have little chance of the insurance paying out more than trade price. Your best chance is to insist that your insurance claim on the council for a fair pay out. if you fail to get the car back. The insurance should strive to put you in a position where you were before the incident An insurance repair is probably unrealistic. You could get the car back and repair privately if as you say damage is small. If the car is written off it may not be able to change its status so financial compensation is the only way. You need to speck to the chief assessor in your insurance company and make a formal complaint. The ombudsman moves very slow and I doubt if you would get anywhere quick enough for you but if it all goes sour then complain to them

You mention that you have a hire car. These can run up large bills in no time. It might be worth suggesting that a satisfactory settlement sooner would save the council more money in the long run. The best of luck

Car write-off (non-fault) with valuation too low - Andrew-T

Let's say the assessor says it's an economical write-off. The book value is £1k but in today's real-term market, due to Covid, it's £3k. The assessor offers only £1k. I will then say 'find us a like-for-like car (make, model, mileage, engine, etc..) for £1k and we'll buy it'

Sounds as if you are being offered the trade-in value of your model, when you should get the typical forecourt price of an identical car. That's not right, as you should be reimbursed whatever it would cost you to return to your pre-accident situation.

Maybe the problem is that council insurance policies don't work that way - I don't know. It may be your misfortune to have been hit by a public service vehicle :-(

Edited by Andrew-T on 18/01/2022 at 23:25

Car write-off (non-fault) with valuation too low - Gibbo_Wirral

Sounds as if you are being offered the trade-in value of your model, when you should get the typical forecourt price of an identical car. That's not right, as you should be reimbursed whatever it would cost you to return to your pre-accident situation.

Very much this. When I was in a similar situation I sent copies of identical cars on Autotrader and the valuation was quickly upped.

Car write-off (non-fault) with valuation too low - Grenache

You could also take the view that you were planning to trade the car in for a new EV, taking account of a manufacturer's trade-in scheme which scraps an eligible old car in exchange for purchase of a new one. Before the current shortage of new cars, I think there were deals like £3000 for your old car, any condition as long as it was Euro4 or worse and had a valid MOT, and you'd owned it for at least 6 months

If such deals are still available, then £3000 is the current value for your car if it matches that criteria!

Car write-off (non-fault) with valuation too low - dac1

@Grenache - that's a clever idea but probably not one I'll pursue.

At this stage, we have to let the process take it's course, which is to let the assessor complete their assessment and then receive the report. Then we'll know where we stand.
I'm pretty sure they will look at Parkers and state it's worth £1000 so the payout offer is £1k, however we cannot replace the car like-for-like for £1k - we would need about £2.6k.

As this is a non-fault and the other party has accepted full liability, I feel the car should either been repaired to the condition to before the incident, or provide with £2.6k so we can buy the local like-for-like car. I think all would agree with this.

I feel our insurance company have been less than useful in explaining the process and providing us with industry advice. The insurer won't care for our individual situation so... please can someone suggest a formal/legal process to ensure we get the car repaired or the £2.6k, as we should not be out of pocket due to no fault of our own.
What is the process/protocol/escalation we should pursue if what I think will happen - happens?

Thanks.

Car write-off (non-fault) with valuation too low - RT

You need to put the work in and provide examples of similar cars for sale as evidence to your insurer that their valuation is too low.

Car write-off (non-fault) with valuation too low - dac1

Yes, that's is something we will do. The evidence will be simple to gather.
My concern is with all the genuine evidence gathered, the insurance world (broker, underwriter, assessor, etc..) will not care and stick with their low offer.

I guess I am wanting to know if I can/should do the following:
1) Refuse their offer if not acceptable, and I won't face any penalty by doing so (the insurer should explain this but I don't have confidence in them).
2) Contact the council (the accepting liability party) to seek the repair or full value, but I've already gone through our insurance to claim?
3) Use 'Motor Legal Protection' to fight my corner (can that be used to fight my corner)?
4) Raise a small claim?

My point of view is I am 100% correct in the right/moral grounding not to be out of pocket due to someone else crashing into our car. I am also hoping that if/when I stand firm the insurance world will have no option but to give and provide us a repaired car or a payout to purchase an equivalent car. I just want to prep for if (which I think it will) arise.

Car write-off (non-fault) with valuation too low - Miniman777
While I sympathise with the OP, this is a 15 year old car and will have a minimal value. I’m not sure how you can claim it’s worth £2k more in the current climate. Just doesn’t add up - and I know used prices are higher but not that much. Had a family car value rise £1800 but that was worth £5600 to begin with.

Had it been my car, the involvement of Copart would have rang alarm bells and I’d have not let the car been collected as they are salvage agents. I’d argue you’ve been led on, based on the age of the car and guess other ins cos have a similar policy on age. There’s a story on Guardian Money of a reader whose 1997 BMW 740 was scrapped by ins co and offered what he said was a paltry £4150, so age is a factor unless it’s specially insured.

I suspect you will have to keep fighting for a decent value and assessor will claim ‘hidden damage’, supporting their position. They will eventually say that’s the figure, take it or leave it. A game of Ping pong.

Insurance co’s are supposed to put you in a pre-accident situation, but often don’t.
Hope you get a result.
Car write-off (non-fault) with valuation too low - dac1

I can claim it's worth £2k more as if I were to replace the car like-for-like, through looking at online ads, those cars are listed for £2k more.

This is why I am asking for guidance on how to tackle this as it sounds like the insurance parties are just going to screw us over. If they aren't going to fight for me then surely, bearing in my it's a non-fault claim, some legal entity will.

Being left in financial deficit when the other party is accepting liability is just not acceptable.

Once the assessor completes their assessment, who is the negotiating with? The assessor or the insurance company?

What I fail to understand is why isn't (if it becomes the case) my insurer telling (enforcing) the council to to pay up, and if the council don't like it - well tough - they shouldn't drive into peoples cars.

Edited by dac1 on 20/01/2022 at 09:29

Car write-off (non-fault) with valuation too low - thunderbird

The car is an Auris, 2007, 95k and in vgc condition cosmetically and mechanically. In this current market (Covid times and winter), having looked online, to replace the car like-for-like (Model, Engine, Year, Mileage, etc..) we are looking at £3k.

Looking on Autotrader a 2007 petrol manual (the OP does not mention those) Auris with between 91,000 and 99,000 miles is advertised for between £1585 and £2495. All are traders, go with cash and no PX and those prices would drop.

IMHO there is no way on this planet the insurers are going to offer £3000. £1000 is a bit low and I would expect them to raise this when its discussed.

We all value our own cars higher than is realistic but insurers know what is reasonable, it the simple fact their first offer is always a "see what we can get away with" figure.

Car write-off (non-fault) with valuation too low - Andrew-T

You mention Parker's, but that will give several figures ranging from 'average part-ex' to 'good dealer sale'. You should get average dealer sale if the insurer is being fair. But whatever happens you should always have the option of having it repaired yourself - which of course means you may need to spend money, depending on the quality of your chosen bodyshop.

Car write-off (non-fault) with valuation too low - sammy1

Would you like to name your insurance company so others might avoid. Is their any chance of getting your car back. Have they categorised it yet. do you have any photos?

What these insurance companies do is they pay out as low as they can and get a salvage company in your case Copart to auction what is now their car for as much as they can get which offsets what they pay you. My thoughts, as before, because of your cars age they made a decision without even looking? I have mentioned the hire car costs, they will rack up a lot more than your cars worth,another nice earner for someone

Car write-off (non-fault) with valuation too low - Andrew-T

What these insurance companies do is they pay out as low as they can and get a salvage company in your case Copart to auction what is now their car for as much as they can get which offsets what they pay you.

It isn't their car until the paltry sum has been accepted and handed over to complete the transaction. You have to get the car returned or at least put on hold - before it gets dismantled, or even crushed :-(

The problem is that you are effectively dealing with someone else's insurer, not yours, who should be working on your behalf.

Car write-off (non-fault) with valuation too low - dac1

Just a quick update as you've taken time to respond.
As for providing the insurer's name - I'd rather not in case it gets me into unnecessary hassle. However, now the initial confusion and frustration has subsided I feel better placed.
I've had the assessor's valuation. It's a write off but write off offer is not the absurd amount I was anticipating, however it has been rightly challenged.

If we put aside my efforts (multiple phone calls) to understand the process and seek an update, then the process has been smooth. Claim was made, courtesy car dropped off, car collected for assessment, and valuation offer received. All smooth and quick. I feel it was the opening phone call/claim where I wasn't provided the full options with transparency. This led to not understanding that the car could be written off and not seen again, once collected. This then prompted the multiple phone calls to the insurer and all other parties (9 calls). It is these calls where my complaint lays. I was passed around the houses, given misinformation by various agents within the single insurer. Quite frankly, the staff are not trained properly or just can't be bothered.
So if I never sought to understand the process then all has gone well but due to wishing to understand the process has opened my eyes to chaos, lack of confidence if their advice.

Edited by dac1 on 25/01/2022 at 11:59

Car write-off (non-fault) with valuation too low - sammy1

Pleased that you are on the right track. Incompetence is everywhere you have to deal with!. Lack of training, lack of education or simply cannot be bothered to do a good job

Car write-off (non-fault) with valuation too low - alan1302

Pleased that you are on the right track. Incompetence is everywhere you have to deal with!. Lack of training, lack of education or simply cannot be bothered to do a good job

People expect to pay as little as possible for their insurance...yet still expect quality customer service...something has to give for companies to cut costs.

Car write-off (non-fault) with valuation too low - galileo

Pleased that you are on the right track. Incompetence is everywhere you have to deal with!. Lack of training, lack of education or simply cannot be bothered to do a good job

People expect to pay as little as possible for their insurance...yet still expect quality customer service...something has to give for companies to cut costs.

Failing to provide the service advertised in order to cut costs is fraud.

If they can not fulfil their side of the contract because it would cost too much they need to sack whoever calculates their premiums. Insurers have gone bust in the past for this very reason, equally, buyers should accept that most of the time you get what you pay for and check T and Cs carefully.

Car write-off (non-fault) with valuation too low - jp2021

What these insurance companies do is they pay out as low as they can and get a salvage company in your case Copart to auction what is now their car for as much as they can get which offsets what they pay you.

It isn't their car until the paltry sum has been accepted and handed over to complete the transaction. You have to get the car returned or at least put on hold - before it gets dismantled, or even crushed :-(

The problem is that you are effectively dealing with someone else's insurer, not yours, who should be working on your behalf. "

This is true. Unless you have accepted the money it is your car and the insurers should return it to you in the condition in which it was collected , if you complain enough.... . I have had dealings with both Copart and IMS and have been disappointed each time

Even a bumper at insurance approved bodyshop would write it off so you have the choice of a) withdraw the clam and repair it your self . or b) claim and then argue about the value for some time to come .

There is no easy way out of these and the staff of insurers, whether yours, or the third parties' , really couldn't care less as long as they get it off their desk.

This is where paying a little extra for the services of a decent insurance broker pays dividends.Proper advice at the right time would have saved the car being taken away/. If you could get the parts secondhand ( and as a popular taxi this is unlikely) then an estimate from a local garage to repair at a cheap contract price and persued only against the councils insurers may have worked.

Sometime even though you may not be a fault it is simply not worth claiming on old cheap cars that are worth more to you. Copart will soon flog this to someone who will repair it and put it back on the road in no time . To avoid the next issue make sure YOU send off the V5C slip transferring ownership to your insurers with name and address from date taken away no matter what they say about sending whole V5C in

Car write-off (non-fault) with valuation too low - Warning

A similar thing happened to me. However, you are going to be hit multiple ways. You will loose your excess. I was also hit with my insurance being cancelled, which was worth £500 (I can't remember exactly). My excess was £300. They did n't want to carry over the remainder of the insurance to the new car. Forcing me to pay for a new 12 month policy (plus having my insurance jacked up even though not my fault!).

Plus they get to keep the car.

Car write-off (non-fault) with valuation too low - Turkish_Emperor

Reminds me of my experience to my old/tatty 2002 Honda Accord which I've owned for 12 years. Some s*d cut off the Catalytic Convertor off our drive and *everyone* (in the trade who saw it) said my car will be written off.

I made it categorically clear I did NOT want it written off AT ALL as I couldn't afford another vehicle and the repairers fitted an aftermarket full exhaust to make the numbers stack up (genuine Honda full exhaust costs more than a replacement Honda of equal age/mileage etc).

Hats off to my repairers, they saved my car from the crusher and that scrapyard in the sky....

Edited by JezUK on 04/02/2022 at 14:16

Car write-off (non-fault) with valuation too low - Andrew-T

I made it categorically clear I did NOT want it written off AT ALL as I couldn't afford another vehicle. Hats off to my repairers, they saved my car from the crusher and that scrapyard in the sky....

As is often said here, you are not obliged to have your car written off. If it's repairable to roadworthy condition, you always have that choice. But you may have to fork out.