Issue with insurance assessor on vehicle claim.

[danavis25]

Afternoon I would like some help please.

I am aware of an issue someone is having with there vehicle and a claim they have submitted after someone crashed into there vehicle.

The accident happened the person who caused the accident admitted liability straight away and the insurance company (LV) got onto it and started proceedings.

Now after the car being inspected by a local garage the insurance assessor who has been passed the case has came back and said as there is a back order on parts, the person who's vehicle which has been damaged has got to be seen to cooperating with the claim and be seen to keeping costs down.

In turn the assessor has authorized a part repaid on the vehicle and taken the courtesy car they had off hire until such time the back ordered parts come into stock (a time has been agreed between parties).

Now after receiving the car the car has various defects and the car in my opinion should not be back on the road. The person who owns the vehicle has taken it to an independent 3rd party who has confirmed that the car following the repaid is not fit for road use as it would fail an MOT in the state in which it has been left in. Also if the owner of the vehicle was to have an accident and the police were made aware that the owner knew about the defects prior to the accident then they would be liable.

This has information has been passed back to the assessor and he is refusing to allow the car to go back into the garage to stay there until such time the backdated order arrives and the car is put back to its pre accident condition.

The assessor keeps referring back to the owner has to be seen keeping the costs down and stating it is "LAW" that they must do this.

Now my argument to this is that a 3rd party has confirmed that the work he has asked the garage to carry out is substandard thus putting the owner into a position that the car is not road worthy, also the owner has complied with the request which was made in the first place and to go along with a temporary repair (to be seen to be keeping the costs down) now the repair has turned out to be inadequate the assessor has waived his right to dictate what will and wont happen and surely the owner is within there right to take the car back demand a hire car be given to them until such time the car is sorted?

The assessor has from what I can see a bee in his bonnet and doesn't like being told by a women what he should and shouldn't be doing. All parties including the garage (who I will add is a very well known garage, producing executive vehicles) stated in all there years they have never dealt with a man like this and it is a disgrace how he is handling the claim and shouldn't be allowed to get away with this.


I would also just like to mention the person dealing with the case hasn't even been and inspected the vehicle and is working from photographs.

Can someone who may know more about this area help me so I can pass on the info as it seems the owner is getting the muck around and no one is willing to help.

Many Thanks in advance.

[des8]

Re: Issue with insurance assessor on vehicle claim.

Write a letter to the third party, and copy it to the third parties insurance company, (send both signed for).
State what has happened, how the assessor is acting improperly even inciting them to break the law by driving an unroadworthy vehicle etc etc.
Stress that the injured party has co operated and done their best to keep costs to a minimum.
HOWEVER remind them the injured party should be returned to the position they were in before the accident as soon as possible, and whilst they are without a vehicle the third party responsible for the accident has to supply them with a suitable replacement vehicle. If they do not do this within a certain time (give them 24 hours from receipt of letter) the injured party will hire a vehicle and then seek reimbursement for all costs from the third party.

It might be worthwhile phoning LV first of all, and tell them the letter is coming. Even if they seem to get satisfaction during the phone call, confirm it in writing and warn LV as above.
Although LV are normally pretty good, it is not unknown for people to say something one day only to deny it the next

Obtain a written report from the independent (qualified?) inspector who said the vehicle is unroadworthy.

[bluebottle]

Re: Issue with insurance assessor on vehicle claim.

It sounds to me that this insurance assessor is interpreting the law a little bit too rigidly. Could you list the defects that make the vehicle unfit to be on the road, please?

[des8]

Re: Issue with insurance assessor on vehicle claim.

Case law (British Westinghouse v Underground Electric Railways 1912) explains the legal obligation to mitigate loss in the words:
"imposes on the plaintiff the duty of taking all REASONABLE steps to mitigate the loss consequent on the breach, and debars him from claiming any part of the damage which is due to his neglect to take such steps"
This ruling also applies to tort.
Additional costs involved in taking the reasonable steps to mitigate the loss are also recoverable.

The important word is REASONABLE. Reasonable is what a normal prudent person considers to be reasonable.
Is it reasonable to expect a person to drive on the public highway a damaged vehicle which may be unroadworthy?

I suspect not, and if it was I, there would be a hire car on my drive tonight and the third party getting the bill. Unfortunately you would have to pay for the hire car up front, or possibly go via your own insurers. If you don't need a vehicle you should receive compensation for loss of use on a daily basis, as well as reimbursement for extra travelling expenses (keep all receipts). I've been out of insurance for some years now and don't know whatcurrent rates are. Used to be £10-£15 daily depending on vehicle.

[danavis25]

Re: Issue with insurance assessor on vehicle claim.

Well i don't want to go into specifics with the veihcle etc however needless to say i am fully aware of the veihcle and how it was before the accident and to how it is now and i wouldn't drive it on the road let alone allowing the owner to do so.

The veihcle is easy 15k pre accident damage and a rare car incomparison to the other which are on the road of the same veihcle.

Again the MOT station wouldn't put there name to somethign if they didn't think it was fit for the road would they?

This is my argument with the owner at the moment as they are starting to go along with the insurance company and i am trying to say that one persons view of reasonable and anothers in this case seems to be completely different. The question has also been asked well if i am to be seem to be keeping costs down who is keeping mine down. The responce to that was we don't need ot be seen to be keeping your costs down however as the isnurance company dealing with the claim you need to be seen to be keeping the overall costs of the claim down.

The assessors main issue was getting the car off hire which they had, from what i have been told the gentlement who dropped the veihcle off stated it was approx £450 a week hire so straight away it stinks to high heaven that the assessor isn't bothered about the owner and there car etc they are more worried about the kick back they are recieving for getting the car back off hire!

[des8]

Re: Issue with insurance assessor on vehicle claim.

Has the owner of damaged vehicle considered putting his car through an MOT?
A failure there and he has all he needs. the cost can be recovered from third party and no one can argue about "reasonableness".

[bluebottle]

Re: Issue with insurance assessor on vehicle claim.

It would be better to get a police vehicle examiner or VOSA investigation officer to check the vehicle. Just because a garage, contracted by an insurance company, has carried out a partial repair and released it for use on a public highway does not, in itself, mean that they are doing so in order that an insurance company can save money, which is what appears to be going on here. The assessor's claim of "mitigation of loss" is, in my opinion, a red herring. If a police vehicle examiner or VOSA investigation officer examine the vehicle and declare it unfit for use on a road, I can see this assessor getting it in the neck, along with the insurance company who hired him. The garage won't exactly come out of it smelling of roses either.

[danavis25]

Re: Issue with insurance assessor on vehicle claim.

Well these are both points i have also raised and suggested. No one is wanting to be unreasonable and all the owner is asking for is the car to be put back to the pre accident condition.

it is clear from what i ahve seen and heard that the assessor is aware that the claim could go either way so is trying to keep costs down as much as he can which in all honesty is not a problem.

It is the way he has gone about it and the way he is conducting himself, there is actions been taken by the assessor with no authorisation from the owner such as the temporary repair.

He seemes to be looking after his own interests and not of everyone concerned which i believe he should eb doing?

[des8]

Re: Issue with insurance assessor on vehicle claim.

I don't understand when you say "the claim could go either way". Third party has admitted liability and so no "either or" about it.

When you say "action taken by the assessor with no authorisation from the owner" you have highlighted an important part of this claim.
The owner's vehicle has been damaged; the third party (through their insurance company) have to pay to have the damage repaired.
The assessor is in this case appointed by the insurance company to check the damage to the vehicle. He has no other responsibility.
If the damage had been caused by the owner, and the claim was being made against the owner's insurance company, the assessor would be appointed to protect the insurance companies position and have the damage repaired as cheaply as possible.
This assessor is wearing the wrong hat this time.

As the injured party, the vehicle's owner could quite legitimately take their vehicle to any qualified engineer to have the repairs done. I assume the garage carrying out the repairs is a main dealer. I would insist on nominating the repairers and would refuse to accept a temporary repair in any case. In fact it is the owner's responsibility to order repairs, pay the garage and then claim back from the third party. If the owners have to hire a vehicle for months so be it. The cost is then reclaimed from the third party.

The third party, their insurance company and their assessor have no rights over the owners property. It might be more convenient to allow them to arrange repairs and pay for those repairs directly, but they do it solely with the owners (implied) permission.

I would remind the assessor and their insurance company of their duty.

[bluebottle]

Re: Issue with insurance assessor on vehicle claim.

Case law (British Westinghouse v Underground Electric Railways 1912) explains the legal obligation to mitigate loss in the words:
"imposes on the plaintiff the duty of taking all REASONABLE steps to mitigate the loss consequent on the breach, and debars him from claiming any part of the damage which is due to his neglect to take such steps"
This ruling also applies to tort.
Additional costs involved in taking the reasonable steps to mitigate the loss are also recoverable.

The important word is REASONABLE. Reasonable is what a normal prudent person considers to be reasonable.
Is it reasonable to expect a person to drive on the public highway a damaged vehicle which may be unroadworthy?

I suspect not, and if it was I, there would be a hire car on my drive tonight and the third party getting the bill. Unfortunately you would have to pay for the hire car up front, or possibly go via your own insurers. If you don't need a vehicle you should receive compensation for loss of use on a daily basis, as well as reimbursement for extra travelling expenses (keep all receipts). I've been out of insurance for some years now and don't know whatcurrent rates are. Used to be £10-£15 daily depending on vehicle.

I agrees, Des. However, if the loss of use compensation and travelling expenses over a seven-day period equals or exceeds the cost of a hire car, then, surely, providing a hire car would be the cheaper option and, consequently, mitigate the vehicle owner's losses and the cost to the insurer who will be picking up the bill for the repairs. Or is that too simple for this assessor?

[danavis25]

Re: Issue with insurance assessor on vehicle claim.

As far as i am concerned what has gone on is not in the best interests of the owner but the 3rd parties insurance! The assessor hasn't been to see the vehicle yet based his assessment on photos to me he isnt fulfilling his obligation of "assessing" the vehicle as he should as can you tell me how anyone can determine the true extent of damage to a vehicle unless seeing the vehicle, and if anyone says they can then that person is a better man than me.

And yes the claim could go either wait either the vehicle be repaired or classed as a total loss, the extent of the damage and the value of the parts needed etc could determine the vehicle is a total loss but as i can see he is keeping the cost as low as he can and sod the the owner of the vehicle, whilst the person who caused the accident is sitting pretty at there home with a vehicle to use.

it has now been 5 days the owner has been unable to use there vehicle as there insurance company have stated that if they have been told that the vehicle will not pass an MOT then the car is not road worthy there for they are not insured and the assessor refused to put the owner back into a hire car as in his opinion the car is road worthy which reverts back to the issue that he hasn't even been to aee the vehicle let alone inspect it to be able to use his judgement.

Were does the owner stand if they take it to an independent garage and have them carry out an MOT are they in breach of anything with the 3rd party insurance the vehicle being repaired?

[bluebottle]

Re: Issue with insurance assessor on vehicle claim.

As far as i am concerned what has gone on is not in the best interests of the owner but the 3rd parties insurance! The assessor hasn't been to see the vehicle yet based his assessment on photos to me he isnt fulfilling his obligation of "assessing" the vehicle as he should as can you tell me how anyone can determine the true extent of damage to a vehicle unless seeing the vehicle, and if anyone says they can then that person is a better man than me.

And yes the claim could go either wait either the vehicle be repaired or classed as a total loss, the extent of the damage and the value of the parts needed etc could determine the vehicle is a total loss but as i can see he is keeping the cost as low as he can and sod the the owner of the vehicle, whilst the person who caused the accident is sitting pretty at there home with a vehicle to use.

it has now been 5 days the owner has been unable to use there vehicle as there insurance company have stated that if they have been told that the vehicle will not pass an MOT then the car is not road worthy there for they are not insured and the assessor refused to put the owner back into a hire car as in his opinion the car is road worthy which reverts back to the issue that he hasn't even been to aee the vehicle let alone inspect it to be able to use his judgement.

Were does the owner stand if they take it to an independent garage and have them carry out an MOT are they in breach of anything with the 3rd party insurance the vehicle being repaired?

Is he an assessor or a loss adjuster? Also, is this assessor a qualified engineer? If not, he should not be making any form of statement or warranty, implied or otherwise, that the vehicle is roadworthy when, in the opinion of a garage, it is not roadworthy.

[des8]

Re: Issue with insurance assessor on vehicle claim.

Viewing this problem as the injured party, this is not an insurance problem. It is a tort, i.e. a civil wrong which can be actioned in a court.
Loss mitigation in reference to a tort means that the injured party must take reasonable steps to avoid additional loss. For example in the event of an accident that caused a flat tyre, the plaintiff could not claim for a damaged wheel if he caused the damage to the wheel by driving on it with the flat tyre.

In this instance the insurance company and assessor are only involved as agents of the third party. The assessor is not acting as a loss adjuster for the injured party. It is upto the injured party to decide where and when the vehicle is repaired, albeit being reasonable in his decisions.

The problem once again is people not being trained, nor understanding why certain actions take place. Or else they do know, but prey on others ignorance for their own benefit.

[danavis25]

Re: Issue with insurance assessor on vehicle claim.

Well i believe that steps are now being taken and other avenues being looked into by the owner of the vehicle.

Thanks for your help guys.

[des8]

Re: Issue with insurance assessor on vehicle claim.

Seems we are all posting at the same time...gets confusing!

If I was the injured party I would now write recorded delivery to the third party. Instruct him that as he has not taken proper steps to have the vehicle repaired properly (his ins co & their assessor were acting as his agents and so he is responsible for their actions) I was now arranging the vehicle to be repaired by a main dealer for that make, and whilst the vehicle was being repaired I would be hiring a similar vehicle. He would be sent the accounts. Advise him he should pass this letter directly to his ins co. I would also copy it to the ins co's CEO with a covering letter giving a narrative account of all that has passed.

Wrote this while post 14 was in the making!