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Insurance company will not consider AWD only AGE & mileage for write off

  • 09-02-2023 10:35am
    #1
    Registered Users Posts: 324 ✭✭


    My car was rear ended. Chassis damaged so the other party's insurance company has written it off. My car is AWD. Very few AWD versions of my model. What are avilable are younger, less mileage and hence cost more. However they have accessed mainly on mileage and age in comparison with what is out there. Can i push back and state that the models available for what they are given will not gave me AWD or is that a non starter?

    Post edited by LIGHTNING on


Comments

  • Registered Users, Registered Users 2 Posts: 878 ✭✭✭JamBur


    Definitely push back, its a negotiation, so never take the first offer. Lack of other similar models to back up your claim makes it awkward though.



  • Moderators, Science, Health & Environment Moderators Posts: 20,034 Mod ✭✭✭✭Sam Russell


    I was rear ended and the insurance co for the offender (no question of liability - it was accepted by the driver at the time of the collision) made a 'final' offer.

    My response was that the way this works is that their offer has to be realistic and acceptable to me. In the end, they upped the offer to one that was acceptable.

    Decide what you want with plenty of evidence to support it, and make a proposal that you would accept. Let them know that otherwise get a solicitor to assist you, which would cost them more.



  • Registered Users, Registered Users 2 Posts: 73,517 ✭✭✭✭colm_mcm


    If, say, you have a 2015 in a particular spec, and all that’s out there second hand today in that spec is 2018, the question is if they should pay out the the value of a 2018 so you can get a more like-for-like replacement?

    It’s crap to have someone crash into you, and there is usually a bit of leeway with payouts especially where you’re bit at fault, but I can’t see them paying a lot more than your own car was worth, but you’re in a better position than if you were at fault.



  • Registered Users, Registered Users 2 Posts: 2,986 ✭✭✭MacDanger


    Was rear ended last year, an old Vectra so it was a write off, all agreed with the other driver being at fault so no issues there.

    I claimed from his insurance, they were brutal to deal with, replacement car initially offered was a micra, no negotiation on what they decided the value was, basically made a final offer and said we're not covering the car rental after X date (had it less than 3 weeks in total). Basically it was up to me to take them to court to argue about the value of it.

    The difference between us was about 5-600 quid and they wouldn't budge.



  • Registered Users, Registered Users 2 Posts: 3,029 ✭✭✭Eggs For Dinner


    Insurers are open to negotiation when you can provide supporting documentation. Where such is not available it can be very difficult and insurers rarely budge. Reasoned argument gets you further than making demands or threatening solicitors



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  • Registered Users, Registered Users 2 Posts: 3,046 ✭✭✭Casati


    You can potentially go to a 'no win, no fee' loss adjuster. They work on the basis of trying to get you fair market value - I believe you pay them % based on the difference between what the insurance company has offered and what the open market value of the car is.

    AWD cars are v hard to buy now due to the massive VRT increases new so used ones are commanding a premium



  • Registered Users, Registered Users 2 Posts: 339 ✭✭sligopaul


    Is there an AWD younger model out there, what is the differential in price to a like for like fwd model , or a number of both, if you can build your argument this way you may be able to increase your bargaining power



  • Registered Users, Registered Users 2 Posts: 3,472 ✭✭✭vandriver


    Find one on Autotrader and factor in vrt,vat ,nox and duty?



  • Registered Users, Registered Users 2 Posts: 73,517 ✭✭✭✭colm_mcm


    Thats not how an Irish market valuation works.



  • Registered Users, Registered Users 2 Posts: 3,472 ✭✭✭vandriver


    I was suggesting it in the limited circumstances where no equivalent cars are available in the domestic market.



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  • Registered Users, Registered Users 2 Posts: 73,517 ✭✭✭✭colm_mcm


    Insurance companies aren’t obliged to give you like for like a replacement, they just pay out the value of the car. No more than if I had a yellow car and there were no yellow ones available.



  • Registered Users Posts: 60 ✭✭Qŵèrþÿ


    Why do insurance companies ask the value of your car when getting a quote for insurance?

    In the event of a theft or write off they (the ins company) decide the value anyway.

    If I have a fiat punto of paddy spec and insure it for €500 and my neighbour has one of the exact same age and condition and he insured it for €20,000. Both get robbed. Does he get a €20,00 payout?



  • Registered Users Posts: 60 ✭✭Qŵèrþÿ


    What would happen if the car had very specific niche adaptations? Such as one to be driven by an arm amputee ?

    Could the driver reasonably claim taxi fares from the insurance company when waiting for an adapted replacement?


    sorry to hijack thread. Just curious about the legality



  • Registered Users, Registered Users 2 Posts: 73,517 ✭✭✭✭colm_mcm


    Say the car is worth €1000 and it’s an own fault accident, the guy who insures it for €20k would get around €1000 and the other guy would get €500.



  • Registered Users Posts: 60 ✭✭Qŵèrþÿ


    If the other fella insured it for €20,000 he’d be paying a higher premium. What’s the point of insuring it for such an amount then?

    why do they even ask if they tell you how much you get anyway?



  • Registered Users, Registered Users 2 Posts: 83 ✭✭gooseman12


    Just in case this helps anyone else, lowering valuation does not always result in a lower premium, certainly at the lower end of things.

    I value my car worth about 800 euro at 2000 euro on the insurance as the premium is more than 100 cheaper as a result.

    The insurance engines don't like low value cars so upping the value in these cases can generally reduce the premium



  • Registered Users, Registered Users 2 Posts: 7,448 ✭✭✭User1998


    In my experience if your insuring a cheap car you’ll usually get a little discount by increasing the value by a couple of grand.

    As far as I know, if you insure your car for say €10k then thats the max they will pay out, so if it turns out the car is actually worth €13k, the insurance company will have saved themselves €3k by letting you decide the value.

    But if you insure it for €13k and its only worth €10k then you’ll only get the lower amount. You can’t win.



  • Registered Users Posts: 60 ✭✭Qŵèrþÿ


    Why is it not a law that insurance is calculated to a clear and transparent formula?

    Driving is a necessity for a huge part of Irish society as they have no alternative and thus insurance, making insurance effectively compulsory for a lot of people here. There should be more transparency.



  • Registered Users Posts: 60 ✭✭Qŵèrþÿ


    Why is it not a rule that the insurance company has to be upfront and transparent about the value that they’ll offer at the time you’re buying the premium.



  • Registered Users, Registered Users 2 Posts: 4,061 ✭✭✭3DataModem




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  • Registered Users, Registered Users 2 Posts: 6,183 ✭✭✭screamer


    I think it’s absolutely scandalous what the insurance companies get away with. Unless it’s a new car with a new car replacement clause, you never, ever get the value of your car, and you end up out of pocket for something that was not your fault. They seem to do whatever the hell they want to do and no one gives a rats. OP, you’ll have a tough time getting them to budge. They offer what the car can be bought at in the trade, which we all know is not realistic. Given that the government make it illegal to drive without insurance they surely have a responsibility to step in here and sort it out, but they couldn’t be bothered.



  • Registered Users, Registered Users 2 Posts: 1,661 ✭✭✭thebiglad


    It is only compulsory to have insurance for damage or injury to third parties.



  • Registered Users, Registered Users 2 Posts: 1,297 ✭✭✭walterking


    You can win - simply by being realistic in your valuation.

    They will pay out up to a maximum of what you have insured it for or the current market value. Whichever is the lowest. Same formula applies across insurance types.



  • Registered Users, Registered Users 2 Posts: 3,205 ✭✭✭cruizer101


    I had thought maybe use autotrader also but see your point.

    I wonder would it be of value even to show the difference between standard and AWD models though. If you can demonstrate in the uk the AWD on average goes for say 15% more, then apply that to car standard cars in Ireland to get AWD model value.



  • Registered Users Posts: 60 ✭✭Qŵèrþÿ


    So then why do they accept customers offering a higher valuation and insuring it for such? Why don’t they tell you up front there’s no point insuring it for that amount because you won’t get it.



  • Registered Users, Registered Users 2 Posts: 6,931 ✭✭✭Allinall


    It's your responsibility to value what you're insuring.

    You are buying the insurance, so you tell them what you want and they will charge you accordingly.

    Why would you over value a car when insuring it?



  • Moderators, Politics Moderators Posts: 40,908 Mod ✭✭✭✭Seth Brundle


    Why is it not a law that insurance is calculated to a clear and transparent formula?

    Why should it be? If you want it to be a competitive business then you need to let the companies apply their own risk calculations.

    Driving is a necessity for a huge part of Irish society as they have no alternative and thus insurance, making insurance effectively compulsory for a lot of people here. There should be more transparency.

    Insurance is mandatory simply because of the cost of the potential risk. Simply because you need third party cover before you can drive does not mean that the risk calculations should be made public.

    Your request for transparency is misguided. Insurance companies are being hamemred by dodgy claims. We're being hammered by a legal system that needs better regulation. How many times have you asked your TDs to resolve any of these?


    So then why do they accept customers offering a higher valuation and insuring it for such? Why don’t they tell you up front there’s no point insuring it for that amount because you won’t get it.

    Are you seriously thinking that an insurance company should value all cars prior to insuring them? You'd have thousands of people then complaining every day because the insurance company thinks their POS Micra isn't worth as much despite being "a great little runaround and never gave me a bit of bother". Be serious here! They do tell you when taking out a policy that in the event of a claim, you will receive the market value for the vehicle or the insured amount (whichever is lower). Someone taking out insurance to drive is considered an adult - do they really need to have their hand held here?

    The UK is a different market with many other factors that don't apply here so they are very unlikely to entertain this angle. Potentially if you had a few irish adverts and then refer to the likes of Parkers price estimation, maybe.

    Is there no way to get a value on your AWD vehicle? What about getting something in writing from the Irish distributor or a main dealer?

    What do the online price estimators advise?

    https://www.carzone.ie/car-valuation

    https://autobuy.ie/

    https://www.donedeal.ie/private-valuation/

    https://www.motorcheck.ie/faqs/what-is-the-value-of-the-car/

    https://www.carbuyersguide.net/value-my-car

    https://my.carsireland.ie/car-value



  • Registered Users, Registered Users 2 Posts: 3,949 ✭✭✭monkeybutter


    hard to get past the words competitive business without laughing



  • Registered Users Posts: 60 ✭✭Qŵèrþÿ


    Fine. Let insurers set their own pricing structure, but it should be transparent how it operates.



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  • Moderators, Politics Moderators Posts: 40,908 Mod ✭✭✭✭Seth Brundle


    What exactly do you mean? They should choose their own pricing structure but be forced to display to everyone how they calculate it?

    They are regulated by the CBI and obviously this isn't enough for you. I guess you want them to provide you with thorough details on how they reckon your car is more expensive to insure than if your neighbour owned it? Get real FFS!



  • Moderators, Politics Moderators Posts: 40,908 Mod ✭✭✭✭Seth Brundle


    Have you never rang around for a cheaper quote? Was everyone charging you the same price?

    The Irish insurance market isn't very competitive simply because it is a small market with exorbitant costs (legal, etc) but it is competitive nonetheless.



  • Registered Users, Registered Users 2 Posts: 6,931 ✭✭✭Allinall


    Why should it be?

    Then their competitors would know their business strategies.

    No business operates on the basis that they disclose their pricing structures.

    What difference would it make if they were transparent as to how they operate?



  • Moderators, Business & Finance Moderators Posts: 17,822 Mod ✭✭✭✭Henry Ford III


    This thread would be better placed on the insurance forum surely?



  • Registered Users, Registered Users 2 Posts: 3,949 ✭✭✭monkeybutter


    I mean its not just me, the CCPC did an investigation on them for basically breaking competition law

    for me not really

    with 6 or 7 players in the market, plenty of spoke for competion, how big do you think the market needs to be? 2+ Million car insurance policies



  • Moderators, Politics Moderators Posts: 40,908 Mod ✭✭✭✭Seth Brundle


    I mean its not just me, the CCPC did an investigation on them for basically breaking competition law

    ...and found nothing substantial...

    ...the CCPC was concerned that these statements could be considered price-signalling, which is a breach of competition law.

    The investigation identified certain competition law concerns and the CCPC issued preliminary findings to seven parties in September 2020. These preliminary findings set out the CCPC’s initial view that the parties (or in the case of Brokers Ireland, its predecessor organisation, the IBA) may have engaged in conduct that potentially infringed section 4 of the 2002 Act and Article 101 TFEU in the period between January 2015 and September 2016. The organisations involved denied their involvement in a breach of competition law and there was no finding of liability.

    ...but...

    The CCPC’s preliminary findings identified specific alleged conduct and behaviour by the Irish Brokers Association, one of the two associations that amalgamated to form Brokers Ireland, which raised serious competition concerns. Brokers Ireland, whose membership comprises over 1,200 insurance and financial brokers, and who partner with a number of major insurers, declined to enter into legally binding commitments.

    So it possibly looks more like the brokers were not playing fairly rather than the insurance companies.


    with 6 or 7 players in the market, plenty of spoke for competion, how big do you think the market needs to be? 2+ Million car insurance policies

    erm, I did say that it was competitive. I just made the point that it isn't very competitive.



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  • Registered Users, Registered Users 2 Posts: 3,949 ✭✭✭monkeybutter


    they agreed to make changes without admitting liability, hard to prove without a smoking gun and as they are super secretive, how do you find this

    They were so blatant with the price signalling they couldnt even deny it

    that is not the same as doing nothing wrong

    they got agreement on changes from all the big insurance companies as a compromise

    the brokers wouldn't agree to anything, shows how toothless they are

    the size of market is big enough for it to be very competitive, not even sure what exactly you were trying to say there, yet they all move in sync, kind of a throw away thing to say



  • Registered Users, Registered Users 2 Posts: 3,029 ✭✭✭Eggs For Dinner


    Insurers are fully transparent in that they all agree that you get the market value, capped by the declared sum insured. The difficulty in the event of a claim is establishing that figure. If you disagree with their assessment and can provide clear evidence to the contrary, they will negotiate



  • Registered Users, Registered Users 2 Posts: 1,207 ✭✭✭Whocare


    All this show me if you was involved in crash were car is so badly damaged it written off and not your fault other insurance company are very awkward to deal with.

    Might be best option to put in personally injuries claim too



  • Registered Users, Registered Users 2 Posts: 474 ✭✭UrbanFox


    Getting back to the original issue.

    The relevant principle is that the culpable party's insurers must indemnify the claimant. Indemnification means putting the claimant in the exact financial position they enjoyed just before the crash.

    The problem is agreeing the measure of indemnity. In the case of a write-off that means the market value less any salvage value. Age and mileage are not always the sole determinants of the market value. Sometimes the parties just cannot agree the relevant figure and a judge has to do it. Insurance companies facing cases on quantum only [no contest on liability] can always be stretched a bit as they will not like to incur legal costs and will cough a little bit more to avoid litigation.

    As far as car hire is concerned a claimant must remember that although the other party may be at fault they - the claimant - have an obligation to minimise their losses. A claimant cannot just hire a replacement vehicle on an open ended basis. I think that a period of around 3 weeks hire is probably reasonable for a write-off case.



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