Car insurance claim - write off?

[nectarine]

I'm posting this on behalf of a friend.

A fortnight ago she was driving her Citroen estate car when it was hit by another driver who has admitted full liability. She uses the car for business but the repairing garage offered her the use of a much smaller and inferior car while the insurance claim was going through (not an estate, no AC, cassette tape only) ... however, she doesn't want to make too much of a fuss about that but to concentrate on the main issue - repair or replacement of her car.

The insurance company now say it's a write off and have offered her 7,750euros but have neither shown her the repairer's estimate nor have advised her of how they came to that figure.

Her car was in excellent condition - however, it was a RHD that she had changed to French plates. But to put her back in the position that she was before the accident she would need a 5-year old, 70,000kms estate and despite scouring ads, internet, she hasn't found one so is looking at alternative makes such as Renault, etc.

But these are proving to be a few thousand euros more expensive, even to buy something equivalent and possibly inferior.

Does she have to accept the insurance settlement? Can she insist that THEY obtain for her a replacement car using their purchasing power? Does she have a legal right to see the repairing estimate and challenge their statement that it is a write-off?

She bought directly from an insurance company and their local office aren't very helpful. Is there some kind of ombudsman that she could take this to if she feels it isn't being handled fairly?

All advice much appreciated as she is at the end of her tether and her business is suffering. However, to claim for that the insurance company are asking for proof of loss of earnings and her income is intermittent. She has lost money but it's difficult to prove.

Thanks for all replies.

[Will]

Looking at ads on Ebay France for similar vehicles (with more kms but LHD) that looks like a pretty good offer. RHD vehicles are worth less than LHD on the used market (look at Ebay GB where you can get very nice Peugeot diesel estates of that age for £4000-£5000), and have even less value in a country where vehicles drive on the right.

I'm sure that if she feels it can be repaired economically (but bear in mind that it's still RHD in France so takes a tumble in value) she could come to some arrangement with the insurer, but I would take the offer.

If somebody offered me that for my RHD Renault estate of a similar age I would be biting their hands off.

[Sunday Driver]

If your friend checks her insurance contract, she'll find that she has the right to a copy of the expert's report showing his estimate of the repairs and the Argus value upon which his write-off recommendation is based.  Normally, if a policyholder wishes to contest the expert's findings, then he/she can appoint their own expert.  If the two experts disagree, then they will appoint a third expert and the majority decision will be binding.  The policyholder will normally have to pay his/her own expert's fee plus half the third expert's fee.

The insurer's offer is based on the standard Argus value, which is adjusted for mileage, number of owners, etc.  It can also be adjusted upwards to reflect any expensive extras fitted to the vehicle or recent added-value repairs/enhancements.   The amount they've offered suggests they haven't 'written it down' due to its low value as a RHD vehicle.

The above procedures ensure that there is no unfairness, so a call on the insurance mediator is likely to be fruitless.

If she does accept, then the insurer is under no obligation to obtain a replacement car for her.  They are merely contracted to provide a monetary settlement.

As per Will, it looks like a very good deal.....

 

[Anton Redman]

I would have a look at the Auto Trader website in the UK and see what she can find similar mileage and same model in RHD. Should know cost of registering and esimatecollecting from UK. If the headlamps survived the right off then as for them to be returned to her. Then and only then decide if offer is OK.

In the UK there is always some room for negotiation on write off offers provided they are backed up with hard facts and advertised prices. Friends offer on old but good condition Mercedes Estate went up from £ 2900 to £ 3900. I have no idea if similar situation exists in France as 'touch wood' have not needed to find out.