Insurance payouts from another driver's insurance

6 posts in this topic

My wife was reversed into on the car park of our daughter's Kindergarten by one of the employees, the cause of the crash and fault is NOT in dispute. We took the car (a ford fiesta) to ford and got a quote for the damage repair, they gave us a quote and took photos, etc and we paid 70 some odd euros for it which we would get taken off the total when we get the work done. 

 

We passed this on to the insurance company who disputed the cost and told us to use another firm and issued a check for a lesser amount less the VAT, which we are apparently supposed to claim back ourselves in our tax at the end of the year.

 

This would mean we lose the 70 odd euros and won't get the bumper replaced with new parts but repaired and resprayed.

 

The insurance company I'm dealing with is VHV (that is the insurance company of the other person)

 

I have a few questions here.

 

1.  Is there a duty on our part to take the vehicle to a specialist repair shop and not to an authorised dealer (who offer insurance repairs)?

 

2. Is it normal that they pay out the repair cost less the VAT?  I have never heard of anything like this before.

 

3. Can they insist that we have the work done with a specific company?

 

4. Can they insist that we opt for a body repair and not replace with original parts? note - The rear bumper is cracked and I don't want a plastic weld and repaint, I've managed garages for years and I know that these very often give after a few years and you can see where the repair was done, I feel that we should be entitled to have the bumper replaced with original parts.

 

I would be VERY grateful of any help or advice.

 

D

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Disclaimer, my knowledge is based entirely on Google but it seems that they are talking shite

 

https://www.advogarant.de/sachverstaendiger/gebiete/sachverstaendiger-fuer-kfz-unfallgutachten-unfallrekonstruktion/schaden-und-schadenabwicklung/ohne-reparatur

 

Looks like you have the right to choose where you get it repaired and your car must be returned to its original state of repair, so to speak. The VAT thing sounds like nonsense.

 

May be best to lawyer up

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That's great, I've just read over it and spoken with our own insurance company who basically said that what they are doing is BS, they can't really refuse a repair cost unless it's obviously unreasonable.

 

Now the insurance company have taken it all off us and are dealing with it, I had no idea that was how things worked and I'm super happy about it.

 

Thanks for your help, a lot.

 

D

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Get an Unfall lawyer and Unfall gutachter. They will then happily pay the damage charge plus the cost of the lawyer and gutachter. (provided the other party is 100% responsible). What they need is strong worded letter from a lawyer firm. 

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This has bounced back to me today.  Our insurance company (HUK-Coburg) told us on Friday that they would deal with this for us so I had assumed that they would take care of this.  However, today they have come back to me saying that because there was no damage to the 3rd party and no claim against us, or liability, that they have no business getting involved. I understand this, this is not a problem to me but it does put me back where I was on Friday.

 

The insurance of the 3rd party is telling me that we have to take the car for a repair at one of the garages they are in a contract with to have a repair on the bumper and that they are not prepared to pay the price quoted by Ford to have it replaced properly by them.

 

What I am trying to find out is who governs insurance companies and regulates them?  I need to see the rules regarding this so I can quote them chapter and verse and not have to spend more money (that I may not get back) on a lawyer. Is there an insurance ombudsman or some sort of office that I can speak to who can give me concrete information on this?

 

It seems like every interaction I have recently has turned from what would have been a very simple operation into an ordeal. Tradesman, companies, government offices, I find that I am constantly fighting for what I should have got in the first place and it's bloody exhausting.

 

D

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Did you get this insurance through a broker or agent? Or just on-line through the company? If agent contact them. My agent has helped me with things like this in the past. If you have legal insurance you could call the lawyer constation line for advise normally free if you dont actually want to go further like taking actual legal action

 

I feel your frustration on being exhausted over these things.  It is so much extra effort to get anything accomplished. I myself have been trying to get a medical second opinion on a rare issue. Contacted 4 german drs a week ago ..no reponse. Contacted a senior researcher at mayo clinic  in usa, he responded next day on a saturday, follow up on details sunday and today already working with international appointment team to send docs. If only everything worked so well. Good luck and stand up for what you are entitled to.

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