BMW 528 - Does 3rd party insurance have the legal right -

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Thu 12 Sep 2013 14:02
BMW 528 - Does 3rd party insurance have the legal right - - bonkers69

Hi, my car was recently hit in the rear by 3rd party, damage is a small dent and cracked bumper. He admitted liability, and so have his insurers. I have not made a claim through my insurance, instead I made a claim direct to the 3rd parties insurers.

I had an estimate to repair (with a new BMW bumper) from a local body shop, the estimate is £1200 however, the car is 14 years old and with high miles.

The car is a modified car, with LPG conversion, uprated brakes, suspension, etc.. My insurers know about the modifications, as I pay a higher premium due to it being insured as a modified car.

When the assesor sent by the 3rd parties insurers looked at the car, I expressed that I did not want the car written off. He commented on the good condition of the car and how it didn't look it s age nor show the miles it has covered. This due to me being so particular that everything is kept in top condition both cosmetically and mechanically.

The 3rd party insururs have phoned me, they are telling me its a Cat C write off, I nearly fell of my chair, they then offered me £800 - then I did fall off the chair! Told them to pull the other leg, there may be a bell on it!

Anyway, I am not happy, they clearly have not taken into account any of the upgrades, especially the LPG conversion.

Do they have any right in law to write the car off?

Can I insist the car is NOT written off and ask them to make me an offer of compenation to enable me to have the repair carried out?

What rights do I have to stop my car being written off, and have it repaired? There is no mechanical damage, only a small dent and a crack in the bumper, you can't even see the damage if your not looking for it!

They car is in my possesion, it is roadworthy and still in use.

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Thu 12 Sep 2013 14:37
BMW 528 - Does 3rd party insurance have the legal right - - skidpan

Make a claim to your own insurers, that is waht you pay them for. You have no contract with the 3rd partys insurers.

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Thu 12 Sep 2013 23:14
BMW 528 - Does 3rd party insurance have the legal right - - bonkers69

Thanks for that.

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Thu 12 Sep 2013 20:08
BMW 528 - Does 3rd party insurance have the legal right - - tony g
Hi,
Your not obliged to accept the offer from the other parties insurer .

If your car is declared a cat c ,the insurer will want to take pocession of your car ,they will then sell the car to offset the amount they paid you . Based on the offer they made you ,the net cost to them will be in the region of £500 .

So you should negotiate with them to obtain a simple cash payment in the region of £500 ,to use to repair your car .If you use second hand parts ,you should be able to repair your car for much less than £1200 .
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Thu 12 Sep 2013 23:13
BMW 528 - Does 3rd party insurance have the legal right - - bonkers69

Thanks for your reply, I am going to push them to go a bit higher on their offer, then tell them I'm not allowing it to be written off, hopefully then will get enough to cover the repairs?

These insurance companies play on your emotions, especially if your car is damaged to the point it can't be driven, I'm fortunately not in that position and have time on my side, as I do not need to find a replacement.

All this because some numpty was too busy yaking on his phone, the worst part is, this happened outside the UK in a EU country where driving and using a phone (not handsfree) is also illegal. I called the Police to attend, told them he was using his phone, they werent interested, said and I quote "well, we didn't see him using the phone". I then requested they check trough the call register on his phone, the guy went ballsitic and the copper wouldn't do it. So much for the law! If it was me on the phone or doing 31mph in a 30 zone, I'd get done for it.

Cheers, Bonkers69

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Thu 12 Sep 2013 23:27
BMW 528 - Does 3rd party insurance have the legal right - - focussed

Thanks for your reply, I am going to push them to go a bit higher on their offer, then tell them I'm not allowing it to be written off, hopefully then will get enough to cover the repairs?

These insurance companies play on your emotions, especially if your car is damaged to the point it can't be driven, I'm fortunately not in that position and have time on my side, as I do not need to find a replacement.

All this because some numpty was too busy yaking on his phone, the worst part is, this happened outside the UK in a EU country where driving and using a phone (not handsfree) is also illegal. I called the Police to attend, told them he was using his phone, they werent interested, said and I quote "well, we didn't see him using the phone". I then requested they check trough the call register on his phone, the guy went ballsitic and the copper wouldn't do it. So much for the law! If it was me on the phone or doing 31mph in a 30 zone, I'd get done for it.

Cheers, Bonkers69

Most european police forces are bound by much stricter rules and procedures than the UK police concerning rummaging about in your car or your personal effects, depending on the level of the offence. They just don't go around making it up as they go along as can happen in the UK.

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