insurance claim and modifacations - advice please!
Discussion
Can anyone please help, I would be very, very much appreciated.
My friend wrote off his 306 tdi a few weeks ago by aqua planing across a
very large flood/puddle in the road. He was doing bout 60 in a 60 limit.
He had declared most of his modifactions to the insurance company - ie bodykit,
lowered, 18" wheels etc.
He hadnt declared his exhaust (backbox - makes no difference to a diesel
performance wise) or newly fitted reccaros.
The insurance investigator said that he hadnt also declared colour coded
side skirts (?) cc.wing mirrors (?) or tinted windows (a sunstrip!).
Apparently the engineers are deciding wether or not the modifacations are
the cause of the crash.
- Basically, if they say the modifacations are the cause of the crash, what
leg does he have to stand on?? - Personally I beleive the 18" wheels played
a part in the Aqua planing, but if he declared these surely that cant be
used against him??
- another related issue, can he sue the council for damages regarding the
flooding (which is apparently a common occurance??
Thanks in advance
Peter B
My friend wrote off his 306 tdi a few weeks ago by aqua planing across a
very large flood/puddle in the road. He was doing bout 60 in a 60 limit.
He had declared most of his modifactions to the insurance company - ie bodykit,
lowered, 18" wheels etc.
He hadnt declared his exhaust (backbox - makes no difference to a diesel
performance wise) or newly fitted reccaros.
The insurance investigator said that he hadnt also declared colour coded
side skirts (?) cc.wing mirrors (?) or tinted windows (a sunstrip!).
Apparently the engineers are deciding wether or not the modifacations are
the cause of the crash.
- Basically, if they say the modifacations are the cause of the crash, what
leg does he have to stand on?? - Personally I beleive the 18" wheels played
a part in the Aqua planing, but if he declared these surely that cant be
used against him??
- another related issue, can he sue the council for damages regarding the
flooding (which is apparently a common occurance??
Thanks in advance
Peter B
Yeah !! Let's all find people to blame because we didn't judge the road conditions properly !!! 
On a more serious note re the modifications, I believe it is possible to challenge the engineer's report, however, it will probably require you to get an independent insurance assessor / engineer at your own cost who puts together a comprehensive report showing why the accident happened and whether any modifications could be at fault. However by doing that you're likely to knacker any chance of sueing the council (not that there was much chance of that being successful anyway).
It does sound like a classic case of the insurance company trying to wriggle out of paying out. Were the skirts, etc. after market additions or are they standard fitments ? If it's the latter then you have an excellent chance of discrediting the insurance company's engineer.
The other thing to bear in mind is that the insurance probably includes legal cover. To my knowledge there's nothing in the legal cover which prevents you from taking the insurance company to court if you think they're trying to sneak out of paying up for spurious reasons....
On a more serious note re the modifications, I believe it is possible to challenge the engineer's report, however, it will probably require you to get an independent insurance assessor / engineer at your own cost who puts together a comprehensive report showing why the accident happened and whether any modifications could be at fault. However by doing that you're likely to knacker any chance of sueing the council (not that there was much chance of that being successful anyway).
It does sound like a classic case of the insurance company trying to wriggle out of paying out. Were the skirts, etc. after market additions or are they standard fitments ? If it's the latter then you have an excellent chance of discrediting the insurance company's engineer.
The other thing to bear in mind is that the insurance probably includes legal cover. To my knowledge there's nothing in the legal cover which prevents you from taking the insurance company to court if you think they're trying to sneak out of paying up for spurious reasons....
Surely it would be only if the accident was shown to be caused by the modifications that had not been declared that the insurance company could reasonably withhold payment.
Seems to me that they may struggle to prove sunstrip, sideskirt, backbox or reccaro induced aquaplaning!
Wouldn't surprise me if they had a try though, God bless em !! lol
Seems to me that they may struggle to prove sunstrip, sideskirt, backbox or reccaro induced aquaplaning!
Wouldn't surprise me if they had a try though, God bless em !! lol
I work for an insurance co as an underwriter. Based on my knowledge I think the likely outcome will be as follows:
I think it is unlikely that the undeclared mods will be shown to have contributed towards the cause of the crash. However, when working out the claim settlement they will first calculate what your mate should have paid had he declared all the mods. Then they will work out the ratio between the premium paid and that which was actually required. Using this ratio they will then apply it to the claim and settle for the proportion of the total.
Your friend is likely to be out of pocket, old chum.
A reminder to all of you to declare ALL those mods. False economy not to.
I think it is unlikely that the undeclared mods will be shown to have contributed towards the cause of the crash. However, when working out the claim settlement they will first calculate what your mate should have paid had he declared all the mods. Then they will work out the ratio between the premium paid and that which was actually required. Using this ratio they will then apply it to the claim and settle for the proportion of the total.
Your friend is likely to be out of pocket, old chum.
A reminder to all of you to declare ALL those mods. False economy not to.
quote:
If your 'friend'(huuum, yeah) filled out his claim form with that kind of mistake, I'd kick it out because he was bound to be a moron
And Insurance brokers/underwriters wonder why people are so hostile to them. With that attitude its no wonder
Edited by macwalsh on Thursday 8th November 12:36
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