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Thread: Advice needed - they want to write off my Defender

  1. #11
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    Yep, their Business liability should cover it, as well as wilful damage which you can claim through the courts

  2. #12
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    If you claimed on your own insurance then withdraw the claim and sue your neighbour as the employer of the two numpties. Pad your claim up to buggery so the court and insurers can argue over it and reduce it.
    URSUSMAJOR

  3. #13
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    For it to be property damage or wilful damage, as a criminal offence, intent would have to be proved. I dare say if you went to the police, they would correctly tell you that it is a civil matter. They didn't intend to damage the vehicle...they were trying to fix a muck up! But they obviously mucked that up...hence there would be a good case for civil action.

    BUT the point of paying insurance premiums, is to not have to do all the legwork yourself(sometimes expensive and always time consuming).

    I am surprised that your insurance company didn't ask for their details at the outset. Although insurance companies are good at trying to make their clients do all the running around for them.

    Either way, it will be up to your insurance company as to what action they take with your vehicle. If they won't listen to reason, I would be inclined to try the insurance ombudsman.

  4. #14
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    Quote Originally Posted by jc109 View Post
    Just spoke with the assessor.

    He says that the car's salvage value is only $35k despite market value being much higher. Turns out my agreed value had dropped over the years to put it just above that. I don't know how I've missed that, but my bad. Despite that, I still don't understand how a repair cost of $25k makes something worth $35k (to them) a write off. Can anyone here shed light on this?
    Did you ask what the purchase price from the underwriter unfixed??

    My defer was written off due hail damage, I bright it back for a fraction of the price.

  5. #15
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    This is all really helpful guys. Thank you very much.

    Quote Originally Posted by Gordie View Post
    I am surprised that your insurance company didn't ask for their details at the outset. Although insurance companies are good at trying to make their clients do all the running around for them.
    They've had the guy's details from the time I first called them to report the incident. But yes, bitter experience over the past year (we've had a string of bad luck) has taught me that your second sentence is very true indeed.

  6. #16
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    Quote Originally Posted by W&KO View Post
    Did you ask what the purchase price from the underwriter unfixed??

    My defer was written off due hail damage, I bright it back for a fraction of the price.
    I did ask, but I didn't really get a straight answer from the assessor (who the insurer directed me to - they said he's the one to liaise with on this, which I thought odd). Seems like their alleged salvage value of circa $35k would be the purchase price, but they kept saying that if it's a Total Loss it can't be re-registered and that they wouldn't sell it to me. Advice earlier in this thread boosts my confidence on that front.

    Of course, I can withdraw the claim altogether and go after the culprit myself, but then what's the point of having insurance?

  7. #17
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    Quote Originally Posted by jc109 View Post

    Of course, I can withdraw the claim altogether and go after the culprit myself, but then what's the point of having insurance?
    And depending on the financial means of the culprit...you may get your $26k back in weekly instalments of $50 or such like.

  8. #18
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    Quote Originally Posted by Gordie View Post
    And depending on the financial means of the culprit...you may get your $26k back in weekly instalments of $50 or such like.
    Exactly! One of many reasons I'm reluctant to head down that path.

  9. #19
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    NavyDiver is offline Very Very Lucky! Gold Subscriber
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    Quote Originally Posted by jc109 View Post
    Just spoke with the assessor.

    He says that the car's salvage value is only $35k despite market value being much higher. Turns out my agreed value had dropped over the years to put it just above that. I don't know how I've missed that, but my bad. Despite that, I still don't understand how a repair cost of $25k makes something worth $35k (to them) a write off. Can anyone here shed light on this?
    Still unhappy about the hail storm write off of my 2005.

    Can you get more quotes to fix the cosmetic issue? Mine was a cosmetic issue and still makes me cross with my FORMER insurance company $25k seem a little to a lot like an insurance price not a real world quote just possibly. Your comment they would not sell it to you seem rather odd plus. The story they told you about being unable to register written off vehicles should be checked as well. My son is happily driving around in a car he grabbed for almost nothing after the hail storm which bit me. It is registered and has 3rd party insurance on it. It was written off due to dint's which is odd in my view. I think that's due to dodgy new car sales from Sydney hail damaged new car stocks being shipped to Melbourne and sold as new in the 1980s.

    You might take the money and try to buy it from the auctions where it will almost certainly go. Mine sold for 6k at a auction. That would have been acceptable for me with the pay out value in my pocket and a 3rd party only policy allowable for written off vehicles.

  10. #20
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    Quote Originally Posted by jc109 View Post
    Exactly! One of many reasons I'm reluctant to head down that path.
    They should have Public Liability. As a business Advice needed - they want to write off my Defender

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