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Subject Topic: Anyone speak Insuranceeeese Post Reply Post New Topic
14/11/2013 at 11:43pm
 Location: Sevenoaks Kent
 Outfit: Adria Adorra
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I am having some problems with my caravan insurance company, and I would just like to know if I am being unreasonable, or not.

Basically, we were involved in a non-fault accident, that has resulted in our caravan being written off.
Now I am not up on this insurance lark, and am feeling I am being taken for a ride. Since the caravan was insured, we called them after the accident, and explained that as we would not be making a claim via the car insurance, should we claim directly from the lady's insurance, or should we make the claim for the caravan through the caravan insurance. We were told to go via the caravan insurance, and use the uninsured losses for some other bits and pieces not covered.

Now we are finding that basically, our insurance company are halving the price of everything, so, the van would cost us between £3500 and £5000 to replace, like for like, but we gave a value of £3800 when we took the policy out. They originally offered £1900, which to be fair, they have since moved up to £2300, the damaged contents were about £550, they have offered £275, and the one that has really made my blood boil, the force of the collision, popped the fridge open, and emptied the contents over the floor, which by the time the accident was cleared up some 4 to 5 hours later was spoiled, along with several cans of drink that punctured, and sprayed everywhere, meaning it had to be thrown away. The value of the ruined food and drink was about £60, and they have offered us £30.

I am less than happy with this offer, especially as they should be claiming the full amount of any pay-out back from the third party, and after a call to the FOS, I was told, that within reason, we should not be out of pocket from being the victim of the accident.

I have reached a stalemate with the insurance, they have made their offer, and that is it, so I am faced with the hassle of, as I see it, doing one of 3 things.
•     Accept the offer...
•     Go down the complaints procedure, which they then have 8 weeks to respond to. I then have to respond to that, and they then have another 8 weeks to respond... you see where this is going. After we get to a stalemate, I can then take it to the FOS. I have visions of retiring from caravan before it would be sorted.
•     Lastly, would to somehow just send a bill directly to the third parties insurance, and maybe even ask the uninsured losses people to put it in with the rest of the claim.

I have specifically asked about the food, and this is the insurance companies response..

Our liability to you, under a market value policy, is the actual value of the items. Not what you had paid for them and not what they would cost to replace. This is often difficult to establish but it is usual to imagine what might be the second hand price. Even unused, food items could not be resold for their purchase price hence the offer made based on their likely depreciation.
So, am I way off track, or do you think that this is out of order, and if you were me, based on the fact I can't go back in time, and start over, what would you do now?


15/11/2013 at 7:10am
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What you are dealing with in any insurance claim are individuals who seek to further their careers by settling claims as cheaply as possible. If they insist on sticking to the letter of the policy, ie not replacement as new & applying this to items like food & clothes that cannot be replaced on a secondhand basis then you need to point out to them that the purpose of insurance is that while you cannot profit from any payout, it should not leave you out of pocket.

To up the value of your caravan payout you need to find several examples of your caravan of same age on dealers forecourts to present to the insurance co. rather than rely on abstact valuations, this normally works better than quoting valuations from guide books.

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Regards, Jack+Jon.


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15/11/2013 at 8:18am
 Location: Bath
 Outfit: Bailey Palermo & Kampa Brean
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can i just confirm the following, and i might be able to help....

you are insured for "market value"

have you any specific examples of values of van on forecourts/ebay etc

Do you have any "uninsured loss" protection ...this will be a legal protection type cover?

who is the insurer - its easier if we can take a look at the policy t&c's

basically you are heading the right way, but as its a non-fault claim you need to get the 3rd party to pay these costs.....your insurance will only pay out what you are insured for and will ignore the out of pocket losses that your policy does not cover...so we need to find the best way to recover those.

Also, don't get disheartened by the complaint route...its not as bad you believe....although if the insurer has said it like you say then there are further issues that we can use to support your claim.



15/11/2013 at 8:23am
 Location: Lancashire
 Outfit: Caravan now Sold
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as i see it you had a contract with your insurance to pay you £3800 in the event of a non fault accident and this should be paid to you.tell them this and and say you are going to the ombudsman to complain.would forget the food,least of your worries.

see if you can contact Phil on here he is a retired person on law and has helped me in the past.the webmaster will contact him for you.top man.

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the only silly question is the one you do not ask.


15/11/2013 at 9:08am
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If you do not have replacement as new then the value you give for caravan is not relevant, it does seem odd why they even ask for it because the figure you have suggested is not even considered in the event of a claim. They offer you lowest possible amount based on private sale price/auction price & you have to negotiate upwards from there.

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Regards, Jack+Jon.


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15/11/2013 at 12:47pm
 Location: Sevenoaks Kent
 Outfit: Adria Adorra
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I have left their name out as this is ongoing.

We provided them with over 5 examples of the as close to our van as possible and one that was 1.5k more for the exact same.

Thank you, it would be wonderful if Phil is interested.

I'm very disheartened with it, I thought as it is no fault we would be assisted not fought very step of the way.

We do have uninsured losses, they have just managed to get us to physio for the injuries. They are also looking at claiming for losses that were also clearly covered under the insurance policy in black and white, we were told and it is in writing on the policy we could hire a van to continue our holiday, I put the claim in and it got passed to uninsured!!


15/11/2013 at 2:19pm
 Location: Keswick
 Outfit: Bailey
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Hi

You have not described in full the actual nature of your policy so it is difficult to be precise in offering advice. From the way you have described the situation you appear to be insured for current value as opposed to new for old. As the van had an insured sum of £3800 that does not suggest that you were insured new for old. Further, I guess that the van has some age to be valued at that figure and if, say, more than 10 years old, it is unlikely that you would be on new for old.

You say that you valued the van at £3800 rather than the insurerss putting that figure on the van, in which case that was your value and not theirs. The insurers agreed because that is what you wanted to insure it for. Perhaps over valued I don't know and if your policy is for the value of the van you get the value of the van and which may not be what you valued it at. So, rather than focus on recovering £3500 you need to look at the value of similar vans and give them examples nearer to your £3500

You appear to be quite focussed on the food and that is nothing to argue about IMO.

You have not mentioned any claim against the person who caused the accident and you may have an action aginst him/her for any uninsured losses. Think about a claim against them for losses.

Phil



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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    


15/11/2013 at 9:39pm
 Location: West country
 Outfit: Mondeo
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I'm not an insurance expert but am I correct that the accident happened while you were towing the caravan and the accident was not your fault, but the fault of another car driver.

If so, I would have thought you would be better of claiming through your car policy as they will be able to pursue the other driver via their insurer.

I believe that if you claim from your caravan insurer you will have increased premiums next time as you have made a claim.



16/11/2013 at 6:29am
 Location: Lancashire
 Outfit: Caravan now Sold
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Quote: Originally posted by navver on 15/11/2013

I'm not an insurance expert but am I correct that the accident happened while you were towing the caravan and the accident was not your fault, but the fault of another car driver.

If so, I would have thought you would be better of claiming through your car policy as they will be able to pursue the other driver via their insurer.

I believe that if you claim from your caravan insurer you will have increased premiums next time as you have made a claim.




yes that thought crossed my mind too.if he crashed into you then his insurance should be liable for any damages on the day.


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the only silly question is the one you do not ask.


16/11/2013 at 6:48am
 Location: Milton Keynes
 Outfit: 2023Archway Woodford
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If the caravan was being towed by car when accident occurred, it was on the car insurance at the time, so surely claim should of gone through your car insurer, to claim off the other drivers insurance.
EG
What if a car had bicycles on the back and another car ran into back and damaged them.Claim would go through the car insurer.

Post last edited on 16/11/2013 06:54:05


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16/11/2013 at 8:23am
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If you are hit while towing then damage to car is settled by your own car insurance & damage to caravan by your own 'van insurance. Ie, in the event of an accident regardless of fault you contact your car & your 'van insurance & let them sort it out, this is why you pay for insurance. If other driver is at fault then his & your ins. co's can fight it out.

If instead, ie in a scenario where you have third party insurance only for your car &/or no insurance for your caravan, you choose to personally sue the other driver you can do that, If you win, his car insurance will pay for damage both to your car & caravan but the op scenario could be no different, ie the offer of settlement from insurance company will still be on the low side, leaving the op in exactly the same position.

-------------
Regards, Jack+Jon.


16/11/2013 at 8:39am
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To add to that...If your caravan is uninsured & you are rear ended, writing off caravan but leaving your car undamaged then the accident will not concern your own car insurance. If there is also damage to your own car then your car insurance will only deal with car damage even if other driver was at fault leaving you to sue other driver through his insurance for your uninsured caravan if you wish.

Most people pay the extra on their car insurance for legal expenses cover & it is possible this might cover legal costs of claiming for unisured caravan?

If your car & uninsured caravan is involved in an accident that is proved to be your fault, your car insurance treats your car/caravan as one vehicle for third party claims against you.

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Regards, Jack+Jon.


16/11/2013 at 8:49am
 Location: Milton Keynes
 Outfit: 2023Archway Woodford
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This is a classic reason why i insure my car and van with one insurer, then no argument.


16/11/2013 at 9:24am
 Location: Lancashire
 Outfit: Caravan now Sold
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just a thought if you are in any of the two caravan clubs CCC + CC then the legal advice is free.

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the only silly question is the one you do not ask.


16/11/2013 at 5:11pm
 Location: Bath
 Outfit: Bailey Palermo & Kampa Brean
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Ok based on what details i can see here....

you insured it for £3800. you need to consider that any insurer will calculate that it will depreciate through the year of your policy, so it would not be unreasonably to assume it would be worth less than this based on your sum insured.

what you also need to consider is that some policies will pay out a maximum sum insured using the £3800 as a calculation...this will depend on your policy T&Cs....i.e. you claim for the van, contents, van hire...then the most they might pay is £3,800 anyway. (i cant determine this unless i see the policy)

Re the value of the van - you need to insist on them valuing it at the level you have evidence for. As with cars, they wont accept a forecourt price as no one pays this, so you need to be realistic.

There may also be an under insurance clause...in that as you may have undervalued your van then they can reduce the payout proportionately. There are so many things to consider and it depends on your policy T&Cs.

as a guide - caravan insurers are less than useless - you will need to treat it as two claims in your circumstances - claim for all you are entitled on your policy, and this will be recovered by your insurer from the 3rd party. then you also need to claim on your uninsured losses policy for everything else.

the hard bit is getting them all to confirm that your insurer has claimed this all from the 3rd party to ensure that you retain your NCD.

if you want me to help offline...let me know and i'll post up my email.



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