Re: Why do we bother?

["Tim Hancock" <timhancock@xxxxxxxxxxxxx>]

I appreciate that insurance practice varies country to country.....but in the
UK if you are the injured / dented party and liability is not in dispute, then
you are entitled to have your vehicle restored to the condition it was in
before the accident, or to a replacement similar vehicle in equivalent
condition if repair is impractical. Any cash offer must reflect this
requirement. In this context market value is not relevant and you can insist
on the other insurer returning you to the situation you were in prior to the
accident.

If you damage your own car and you are at fault then the position is very
different..you tend to get peanuts for an ageing Alfa.

In the interests of getting your retaliation in first..I would either
personally write (or ask an attorney to write if you prefer) a letter to the
other party's insurer making exactly this demand, and make it clear that if
legal costs are incurred to obtain a fair settlement then you will hold them
liable for these costs also. This is an incentive for the other insurer to
make a sensible proposal, and not just to fob you off with months of
prevarication. You have to make them appreciate that delay (their usual way of
saving money) will cost them. Keep good records and dates of all
correspondence.

Do not be aggressive..just state the facts in a mature way and tell them in
simple terms what is acceptable to you by way of settlement (and don't
stupidly overclaim either..red rag to a bull etc.). Show them you know what
you are entitled to, and that you mean business. If the car is your daily
driver then it is also worth adding something to the effect that "Time is of
the essence in this claim". By using this phrase then they can be further
liable for delay if that delay is costing you money, as they cannot counter
claim that they did not know that delay was inconveniencing/costing you.

I hope this has some relevance to USA practice and is helpful in some regard.

Tim Hancock   Boston UK

164TS
164Super
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