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[Help] Insurance help



LockStock

Active member
Jan 29, 2008
139
Sussex
Can anybody offer any advice on an issue I’m having with an insurance company.

One of my small fleet of vans was hit by a delivery truck whilst parked and subsequently written off, they have accepted full liability.

The insurance has only agreed to pay out £8k, they are supposed to pay enough to allow for a like for like replacement. However, I can’t find anything for less than around 11k, with high mileage or the other side of the country.

I asked them for proof of where I could find a van for 8k and they have sent me a list of 6, white panel vans. However, my argument is my van is black, the rest of our fleet are black so I want/need to replace it with another black one.

There are lots more white vans available on the second hand market, so the prices are lower. I’ve sent them my own evidence but they are ‘reviewing it’ this has taken a week and they are now demanding the hire van back.

Any advice greatly appreciated.
 




PILTDOWN MAN

Well-known member
NSC Patron
Sep 15, 2004
18,750
Hurst Green
Have they deducted vat from their valuation?
 




beorhthelm

A. Virgo, Football Genius
Jul 21, 2003
35,419
spray a white van? not sure its reasonable to expect insurance to cover a colour match unless thats part of the policy. if they were to insure for a black van, and these are more expensive, premiums would be higher.
 


Bold Seagull

strong and stable with me, or...
Mar 18, 2010
29,915
Hove
Can anybody offer any advice on an issue I’m having with an insurance company.

One of my small fleet of vans was hit by a delivery truck whilst parked and subsequently written off, they have accepted full liability.

The insurance has only agreed to pay out £8k, they are supposed to pay enough to allow for a like for like replacement. However, I can’t find anything for less than around 11k, with high mileage or the other side of the country.

I asked them for proof of where I could find a van for 8k and they have sent me a list of 6, white panel vans. However, my argument is my van is black, the rest of our fleet are black so I want/need to replace it with another black one.

There are lots more white vans available on the second hand market, so the prices are lower. I’ve sent them my own evidence but they are ‘reviewing it’ this has taken a week and they are now demanding the hire van back.

Any advice greatly appreciated.
Did you get legal cover with your own insurer? Sounds like their insurer is paying, but I’d pick up on advice from your own insurer or tap into the legal advice of that is part of the policy.
 




LockStock

Active member
Jan 29, 2008
139
Sussex
spray a white van? not sure its reasonable to expect insurance to cover a colour match unless thats part of the policy. if they were to insure for a black van, and these are more expensive, premiums would be higher.
When you take out a policy, they ask for the colour. So it must have some baring. I’m asking them to cover the extra cost a black one, as they are less available, they are more expensive.
 


LockStock

Active member
Jan 29, 2008
139
Sussex
Did you get legal cover with your own insurer? Sounds like their insurer is paying, but I’d pick up on advice from your own insurer or tap into the legal advice of that is part of the policy.
Good idea, I’ll look into that today. The company who are working on behalf of my insurer are horrific to deal with, at least 1 hour wait time just to speak to them, no notes from previous calls that kind of thing.
 


Springal

Well-known member
Feb 12, 2005
24,125
GOSBTS
 




father_and_son

Well-known member
Jan 23, 2012
4,646
Under the Police Box
Was the written off van originally white and re-coloured or was it registered as "Black" from manufacture with DVLA?

I've been out of this particular market for a while but we had very specific clauses in the wording that said that colour/livery was not covered unless declared as a modification (and costed in to the cover). Replacement parts or a replacement vehicle would be "manufacturers standard" and if the DVLA said the vehicle was a plain white van, then what you got was the parts (or whole) for a plain white van. "Manufacturers standard" parts for a black van would be a black door but only if the vehicle rolled off the manufacturer's production line as a black van.

If you have specific livery / paint job requirements for a vehicle then declare them up front as a modification. Ultimately its just a "sum insured" cover that will be added to the expected costs of any claim ... oh, you need a new door, £1000 parts and labour. Oh but that means the whole vehicle needs to be re-skinned with custom decals... the door is now £5000 parts, labour and specialist work. Cost of the insurance goes up accordingly, but avoids the argument over whether a plain white door returned you to the position you were in before the insurable event.
 


LockStock

Active member
Jan 29, 2008
139
Sussex
Was the written off van originally white and re-coloured or was it registered as "Black" from manufacture with DVLA?

I've been out of this particular market for a while but we had very specific clauses in the wording that said that colour/livery was not covered unless declared as a modification (and costed in to the cover). Replacement parts or a replacement vehicle would be "manufacturers standard" and if the DVLA said the vehicle was a plain white van, then what you got was the parts (or whole) for a plain white van. "Manufacturers standard" parts for a black van would be a black door but only if the vehicle rolled off the manufacturer's production line as a black van.

If you have specific livery / paint job requirements for a vehicle then declare them up front as a modification. Ultimately its just a "sum insured" cover that will be added to the expected costs of any claim ... oh, you need a new door, £1000 parts and labour. Oh but that means the whole vehicle needs to be re-skinned with custom decals... the door is now £5000 parts, labour and specialist work. Cost of the insurance goes up accordingly, but avoids the argument over whether a plain white door returned you to the position you were in before the insurable event.
The van which has been written off was brought as a black van, and has had 1 owner from new (me) and full service history. It has added sign writing but I have not claimed for that.
Not massively fussed with that as it wasn’t very expensive and was thinking of changing the design anyway.

It seems, at least to me, unfair that due to someone else driving like a dick, I’ll end up either massively out of pocket or with a van that’s had a ton of owners and loads more mileage.
 


father_and_son

Well-known member
Jan 23, 2012
4,646
Under the Police Box
The mantra to keep reciting to your insurer, the claims management company, the other insurer... you are entitled to be put back in the position you were in before the event. If that was a mint van, with one careful owner and a full service history then you are entitled to that. You can't profit from this, but you shouldn't lose out either. An accident management company or after-the-event solicitor may well take on your case on. They know that they'll be paid by the 3rd party insurer and that as soon as their bill goes on the total the other party will want the claim to go away quickly. Personally hate the ambulance chasing scum, but there is value in getting them involved if you feel you are being screwed over. Good luck.
The van which has been written off was brought as a black van, and has had 1 owner from new (me) and full service history. It has added sign writing but I have not claimed for that.
Not massively fussed with that as it wasn’t very expensive and was thinking of changing the design anyway.

It seems, at least to me, unfair that due to someone else driving like a dick, I’ll end up either massively out of pocket or with a van that’s had a ton of owners and loads more mileage.
 






StonehamPark

#Brighton-Nil
Oct 30, 2010
9,838
BC, Canada
Keep pushing the insurance company, your van which was written off by their client is black - and you require a like for like replacement with approximate mileage and the same colour.

Keep pushing, they have wiggle room, but raising the ceiling is the last thing they’ll do due to their own work targets. They would also likely need a supervisor/manager to allow them to increase the pay out.

Worked in insurance fraud and claims since 2010.
 


Shropshire Seagull

Well-known member
Nov 5, 2004
8,568
Telford
I'm sure @happypig will correct me if I've got this wrong but my understanding is that the Insurance company are obliged to make sure you are put back into the same place before the accident [their client's negligence] occurred. They don't want the hassle of finding a similar age/mileage/model van in black and getting is sign written so attempt to settle in cash.

If you think their offer is too low [not an uncommon practice] I think you are going to have to justify your settlement price. Maybe adverts from e.g. Auto Trader, or local dealers, and defo claim for signwriting too.

The claimant [damaged party] should neither make nor lose money but must be [as nearly as possible] put back into the same position prior to the incident.
 




Bodian

Well-known member
May 3, 2012
12,227
Cumbria
I'm sure @happypig will correct me if I've got this wrong but my understanding is that the Insurance company are obliged to make sure you are put back into the same place before the accident [their client's negligence] occurred. They don't want the hassle of finding a similar age/mileage/model van in black and getting is sign written so attempt to settle in cash.

If you think their offer is too low [not an uncommon practice] I think you are going to have to justify your settlement price. Maybe adverts from e.g. Auto Trader, or local dealers, and defo claim for signwriting too.

The claimant [damaged party] should neither make nor lose money but must be [as nearly as possible] put back into the same position prior to the incident.
That's what I did when our car was written off (nothing to do with colour or anything). They 'offered' a paltry amount, so I bombarded them with tons of adverts for my car at my mileage in my area. They gave me the amount I was quoting - partly just to get rid of me I think.
 


happypig

Staring at the rude boys
May 23, 2009
8,006
Eastbourne
I'm sure @happypig will correct me if I've got this wrong but my understanding is that the Insurance company are obliged to make sure you are put back into the same place before the accident [their client's negligence] occurred. They don't want the hassle of finding a similar age/mileage/model van in black and getting is sign written so attempt to settle in cash.
Spot on. You are entitled to be put back in the position you were in before, ie a van that is (virtually) identical.
My action would be to write to the person who hit you (copying in his insurers) saying that you have found a suitable replacement and you intend to sue them to recover the cost (ensure it's reasonable, a court won't entertain an "upgrade"); advise them that whilst their insurer may choose to indemnify them, ultimately they are liable.
 


Sirnormangall

Well-known member
Sep 21, 2017
3,006
It’s possible that you might be able to make a complaint to the Financial Ombudsman Service (FOS) if you fall in to the category of small business ( I don’t know what the threshold is for small businesses). If you tell your insurer that you’re going to FOS they might back down because it will cost them at least £500 in FOS fees. It won’t cost you anything.
 


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