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09/7/2011 at 7:29am
Location: Polesworth Warwickshire Outfit: Bailey Unicorn III Valencia (LR Disco)
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I have not had experience of this problem, but the way I understand it is that you firstly negotiate your case with the assessor and, if you do not come to an agreement, as Shirley said, tell him you do not accept hid findings giving the reasons for this (i.e. the Glass guide). I have to say that I have not seen a Glass guide, but if it has a buyers price and a sellers price, you should argue that you are a buyer and that it is the higher price that you need as you would be buying.
When I have dealt with insurance companies before all the assessors have been independant from the insurance company (although they are employed by the insurance company). If, after discussion, you don't get any joy with the assessor, then get back to the insurance company and open dialogue with them directly giving them the opportunity to find a solution. If they fail to do this, or find with the assessor, then the next stage would be to make an official complaint to them (in writing).
Once you have made an official complaint, if you do not get a satisfactory result, then the next stage would be to take your case to the Financial Ombudsman, who would then mediate between you and the company. (Insurance companies have been regulated by the Financial Services Authority since 2005 and so disputes are dealt with in this way.) The Ombudsman's service is free, but you can only go to him after you have officially complained to the Insurance Company, and have told them this is what you are going to do, and after you have has no luck with the insurance companies complaints proceedure. The Financial Ombudsman will attempt to mediate between you and the insurance company and can also formally investigate your claim and make a binding order against the insurance company.
If you fail to convince the Financial Ombudsman of your case, then you still have the right to take the company to court.
The problem, of course is that the whole process takes time and is probably a stressful experience, but should not cost you any money unless you decide it is worth taking the company to court, other than for postage and phone call costs. Before taking court action, I would certainly take professional advice.
This is just my understanding of the process, and I would certainly check all of this out elsewhere as I am no expert. I would fully exhaust each stage before moving up to the next.
I have to say, that the only time I have dealt with a serious caravan claim was when we had our previous van stolen. We were insured with the caravan club and they were very good indeed in sorting out our claim fairly and amicably - I had no dispute with them at all. The person on here who is likely to be able to advise on legal matters is Phil. Perhaps he will be along later and can either confirm, amend or throw out my suggestions.
Hope this might have helped a little, until someone else comes along.
Post last edited on 09/07/2011 07:40:19
------------- David
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09/7/2011 at 10:24am
Location: Lichfield Outfit: Coachman Amara 450
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Let me tell you a little story about insurance and how they tried to escape their duty of payout. I bought a 1.8i petrol Vauxhall Cavalier back in 1997 that was 3 years old from the company I worked for, and because it was the reps car that had covered over 125000 miles, they decided I could buy it for £3000. I insured the car with Preferred Direct and 6 months later we were involved in a head on collision. The third party was to blame but that is a separate issue so I will stay focused on the insurance payout. An assessor inspected the vehicle a few days later and declared the vehicle a write off. A few days later I recieved a letter from Preferred Direct insurance stating that they were going to pay me out a sum of £2,500 for the car. I phoned their claims department and queried this figure. Their statement was that as I paid £3,000 for the car they had valued it at £2,500 which was their final offer. I explained that I paid £3,000 because of the high mileage which reflected the purchase price but when I fill the application form I don't have to declare this. The registration identifies the year of the car and that's it. According to the valuation figure from the 'Parkers' price guide it was actually worth in the region of £5,800. I was asking for £5,300 and I wasn't going to budge either. Because I was the innocent party and my purchase had nothing to do with the value, I wasn't prepared to suffer this loss at any cost. They disagreed and said this was their final figure. I stated that I wasn't prepared to accept their figure and take the matter further and prepared to take them to court. I explained that the insurance company had already lost their case immediately because when I put the case to the judge, my comments will be, "So what this insurance company is saying exactly, is that if I win a brand new car in a competition and have paid nothing for it, they are prepared to take money from to insure it but not prepared to pay in a claim because I paid nothing for it". Sorry mate you've lost your case already. I upped my figure then to £5,500 as I was now playing the ace card. The insurance company submitted because a few days later I received a cheque for the sum of £5,500 as requested.
So going back to your case now, look at the facts. The insurance company issues a policy and charges the rate of the caravan value disregards how much you paid for it. As each year goes by, the value of your caravan decreases and so should you policy in reflection of this. All insurance companies are there to make profit and it doesn't matter who's feet they tread on they just want your money. But when it comes to paying out quite the reverse happens and they try to find the slightest clause to make the claim void or reduce the sum of payout. It's what they call tactics but don't fall for it. What you need to do is find out the exact value of your caravan via the Glass's guide. If you can't find out then play the trick question. Go to a dealer pretending that you are interested in purchasing a new van. When the salesman asks, "Do you have a part exchange?" Answer yes and give them the year and model of your van. They will look in their Glass's guide and BINGO! you now have the official valuation figure of your caravan. Now, whatever happens with your insurance company, don't submit to their call because you now have the bullets to fire in support of your case. You have already lost your caravan, don't submit to losing your rights as well.
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09/7/2011 at 3:57pm
Location: Keswick Outfit: Bailey
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David (DSB post above.) is spot on
Just a few matters to raise in addition to Davids excellent description of the process.
1. Check just what your insurance policy says about the sums they pay for a write off.
2. Quoting prices on forecourts is one thing...what they actually sell for can be different. Might be better to use prices of actual sales.
3. Forecourt prices will include the dealers mark up and in undertaking a valuation of your van the loss adjuster may not include for that in its market price.
4. Is the assessor a caravan "expert"? Some insurers pass the work to loss adjusters who normally deal with the motor trade.
5. Don't get hung up on the valuation you submitted to your insurers and for which you have paid a premium for that level of cover. The insurers give no warranty that your figure is correct. It is your figure, not theirs. Its your choice to pay a premium for £9000 of cover. Focus on this aspect too much and you just end up missing the real point of your argument.
6. You insurance policy should include the complaints procedure
7 Arguing that they are trying to save money is the equivalent of saying that they are acting in bad faith and that impugns their reputation. Best not to insult them
8. Insurance Companies have to abide by the “Treating Customers Fairly Rule” which is enforced by the Financial Services Authority. You may wish to argue that, in your view a settlement along the lines you have suggested (supported by evidence) would meet that standard. It can be useful to quote this Rule.
Phil
------------- If you're not on a fell your wasting your feet and for 2014 it's.......Feb Castleton Mar North Yors Moors; Apr Sutton on Sea; May Thirsk; Jun Clapham/Riverside (Lakes); July Wharfedale; August Crakehall; Sept Knaresborough; Oct Wirral Park/Clitheroe
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