Hello all

I was involved in a crash a year ago. I was doing 60 on a single carriageway and some idiot tried to overtake a learner on the other side on a blind bend. I managed to do an emergency stop but it was very close. A bike went into the back of me and the guy vaulted and landed on the roof and went over. Fortunately the only injury was a broken pelvis to him, very painful I know. My Jag was written off as a CAT N with no structural damage. I did not get what it was worth and lost the excess and my NCB pending the outcome which has dragged on for a year now. I bought my car back and had it repaired as new. It has been a horrible experience. I will be claiming my excess back but I also want to claim for future value loss although I never intend to sell my car. It is an unknown quantity between a good car that is original and a good car Cat N. I got £8k I felt mine was worth 10. Anyone have an idea about the difference in value of a Cat N? Thanks

 

Well the motorcyclist was at fault as he could not stop so you should be claiming against him. If you can show a monetary loss the courts are very good at sorting it .Most times it does not go to court once they get the summons the MC insurance should sort it or you can do it all over the phone. ( I have sued Taylor Wimpey. Grass Direct and for a faulty clutch on a second-hand car its no problem). Perhaps you are getting too up tight about it .you need to sit back and work out which hole in the colander to go through.
What insurer were you with?

 

Churchill....their legal team keeps fobbing me off. I have chased them many times but they just say "shouldn't be long now".
😡

 

Have you tried something like webuyanycar and see what they value your car at then compare it with an identical, non Cat N car?

The problem is though, the only claim you have is between what Churchill gave you as a payout and the value of the car as it was pre-accident, not any possible future value. You could have taken that £8k and bought an undamaged car with it - its not their fault that you chose to repair your car rather than replace it.

Why do you think your car was worth more than the £8k?

 

You are chasing the wrong person. Send a statement of loss to the MC rider and tell him to send it to his insurers as well as informing him he has 14 days to respond/settle or you start court action .AND DO IT.
If you dont have his address the police will give you the address as there has been an RTC

 

Yes I did take the £8k as I had no choice. I had been assured by Churchill that they would accept 2nd hand OEM parts as a valid repair. I searched the Web and got a 2nd hand original boot lid, a full cut-out section for the back panel below the boot, and a rear bumper and rear LH tail lamp. These parts came to around £1000. After the quote that my restoration guy gave them they simply wrote it off as a CAT N un economic. I complained and told them I was made a promise that they would honour the repair with OEM genuine 2nd hand parts and now I was stuck with a grande of parts I had paid for me. I felt lied to and had no option but to accept their valuation. Also my car is very precious to me and not just a case of "go out and get another one".
I took the £8k minus the insurance excess of £1100, I bought it back for 25% (£2000) and my restorer did the job for £5k... it was a back end shunt and roof dings, not a structural write off. With the parts at £1000 I am £1100 out of pocket until the legal case has been resolved, not to mention the cost of the physio on my neck, the future value loss of my car, with it now being a CAT N, the loss of the use of her for 4 months while I was still having to pay the monthly insurance premium and monthly road tax. Add that to all off the stress and hassle it has caused trying to chase the situation to get some sort of resolution.
I believe it was and is worth at least £10k as I have spent a lot of money keeping it perfect, near concourse, no rust, timing chains bushes etc, always used V Power etc etc.

I hope this explains.

PS - I would go nowhere near "We Buy Any Schofield" ... they are scammers who have been outed by the "Rogue Traders" TV show and use sharp practices to con vulnerable people. For a laugh I went on and I got an offer of £2100 🤣🤣

 

Thanks Piston, you are right, it is still with the useless legal people. It has been a year now and whatever happens I just want closure and to be able to move on in my life. Very stressful... 😉
The other side insurers if they decide to go to court. .... Then I have the full dashcam footage which will prove everything ...... I never released it to them. Keep your trump card in reserve mate ...is the motto 😉😉

Thanks for the good advice, KR's....Smitty 👍👍

 

I must be missing something, but isn't that what you want? A low valuation of your repaired car so you can go to the person that crashed into you and claim the difference in value?

Either way good luck in your battle.

 

Good point, I had not thought about it like that. But the WBAC valuation was before the accident unfortunately so will just have to wait for the legal people to get there finger out I suppose, bah! 😟

Cheers 😀👍

 

These days you can get a valuation from Parkers on line .That is respected and accepted by insurance.
List all your losses Then write to the MC give him 14 days then send the court papers . Its all in your control. It the shock of getting a summons that will shift the MC to kick his insurance.
You have your head in a bucket ...remember the saying " there are none so blind as those who will not see"
Make a court claim for money: What a court claim is - GOV.UK (www.gov.uk)

 

Thanks mate, good advice.

I am going to phone my insurers legal people tomorrow and if they fart me around I am going to seek my own independent legal advice. You are right, this has gone on far too long.

Cheers 👍