You Make a claim on your own policy and are indemnified under the terms of your policy. Your insurer will then bring a subrogated claim against the guilty third party if there is sufficient evidence to do so. That is to say they bring a claim in your name but keep the proceeds of that claim unless they make a 100% recovery at which point you would theoretically get your excess back. Don't hold your breath though as I have never seen it happen. I deal with domestic buildings claims for insurers for a living,
I think that the advice given on here is sound enough as the OP confirms that he/she does have insurance for the van. Once the rescue company realise that they are dealing with an insurance company with the clout to actually sue to recover their losses then their final offer will change.
Too many people often think that dealing with these issues themselves is the way to go. However, their decision tends, in my view, to be based on an assumption that the other side has honesty and integrity and will play the game properly. All that tends to happen is that the whole saga gets dragged out, possibly for months/years.
If the insurers will not pay out now because the claim is filed too late under the policy conditions then please come back and we can take it from there.
Phil
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This problem is still ongoing,the insurance company are saying a van of this age,7 years, would expected to be carrying dents etc. This caravan was spotless when it was taken into their care. If you read this Phil i could really use some good advice and would like to contact you if possible?
------------- La Plage Blanche
Camping Solitaire Du lac
Camping Les Bouleaux
Val de Vesle
Unfortunately a 7 year old van will be expected to have some fair wear and tear (dings and small dents included) and it will be up to you to prove otherwise
Do you have any photo's of the unit immediately prior to it being taken by the recovery company (holiday snaps), did the dealer you took it to provide any form of report as to the extent of the damage and age of that damage, if not could they? do you have your van regulalrly serviced would they be able to vouch for the condition of the van on your behalf? all this will help the Insurance Company, providing of course they are seeking subrogation against the recovery company?
All paperwork has conveniently gone missing at each hand over point as the caravan was returned from france. Most of the damage is around the wheel arch area where they have been working. Photo's were taken prior to us leaving the caravan but don't show clearly the damaged area. I'm unwilling to accept that someone can damage a perfectly good caravan,throw the paperwork away and tell you to prove otherwise. We weren't present at the time of collection. Our car was also damaged with dents etc and drained of all diesel. this was sorted with no problem. The stumbling block to me is the cost of economically repairing the caravan,they know it'll be written off so have dug their heels in and advised us to just 'take the hit'.
The dealer it's being stored at whilst this is ongoing has valued it in it's current state 4k below the book price.
------------- La Plage Blanche
Camping Solitaire Du lac
Camping Les Bouleaux
Val de Vesle
I'm unwilling to accept that someone can damage a perfectly good caravan,throw the paperwork away and tell you to prove otherwise.
Whilst it may sound harsh ultimately it will come down to your word versus theirs.
Apologies for the extra questions but I think we may have to treat it in two separate parts. Have you been offerred a claim settlement from your Insurance Company. This will be based on Indemnity i.e. they should be putting you back in the same position as before the loss and they will be taking into account fair wear and tear.
You can reject their settlement amount and ask for a higher amount but you have to give them reasons why such as providing photos to show that the caravan was actually in better condition than others. This can be done from recent photos, acquiring a statement from the dealer / storage site as to the state of your caravan pre-loss and also printing off various classified ads showing the replacement cost for your caravan.
If you are Insuring your van via an Insurance Broker they should really be assisting you on this.
The next step is and this will be once the claim is settled is that the Insurance company may take on your rights to recover the cost of your claim from the recovery company (subrogation) you will most likely have no involvement in this
I'm not entirely sure I'm following you - Has your Insurance company refused to pay out?
Who is telling you to take the hit and what hit are you taking as this would imply that a settlement has been offerred by someone. You will probably not get new for old just indemnity.