Is a Property owner who's property is damaged by a Car responsible for part payment of the damage done by the Driver? regardless of cost surely its not the victim of this damage who should have to fund some 15% of the actual cost. What if the same thing should happen again would the third party the innocent one have to keep paying. Any advice would be appreciated.
Many Thanks
2006-10-15 04:47:50 · 11 answers · asked by Lews Girl 1 in Business & Finance ➔ Insurance
A Car knocked down part of our wall,the Car Drivers Insurance is saying we must pay at least 15% of the cost,and are absolutely not budging on it,we are adamant that we should'nt,and won't. surely we are withinn our rights to want the wall abck to what it was,quite a lengthy bit of wall involved,which has railing also,they are not damaged. Hope that adds the missing info.
2006-10-16 09:22:17 · update #1
Assuming the property is a BUILDING, then no. If the property is a CAR, then it is very possible that you could be 15% at fault for the problem. In which case, there's not enough information to make the call.
Your agent is the person who can talk to you about this - free advice, custom tailored to your needs!
It would be better to clarify what the property is, and how it was damaged.
2006-10-15 14:09:18 · answer #1 · answered by Anonymous 7 · 0⤊ 0⤋
It seems they are asking for a contribution due to the fact that you will have a brand new wall, where in fact the wall before the incident was old. Hence charging you 15%. This is called "betterment".
Alternatively, they may have to replace some of the undamaged wall at the same time and thus want to charge you as some work wouldn't be resultant from the incident. Hence 15%.
However, they are not allowed to do this. In the event of an incident, the insurance company must "indemnify" you, i.e. put you back into the same position you were in before the incident.
If this means giving you a new wall, then so be it. I have dealt with a lot of cases in which the Claims Department have asked for a percentage to be paid by the customer under "betterment". I overturn most of them. Betterment only applies in very specific cases. For example, if you wanted to put carved gargoyles on the wall following the incident, this would put you in a better situation than before the incident (exaggeration, but you get my point) and hence the insurer would ask you for a contribution.
Basically, the insurance company have to put you back in the same position as you were in before the accident. If the only option is a better position (i.e. new wall versus old wall) then they cannot charge you at all for it. If it's an optional better position, then they can.
I suggest claiming through the motor insurer and putting a complaint in writing. They then have 8 weeks to provide a final decision. Once you have this, you contact the Financial Ombudsman Service, claim for the entire wall, plus compensation for distress and inconvenience. Just stand your guns with the company, and go through this method. It's free whereas a solicitor is not.
N.B. The insurer may tell you that you do not have the right to refer the matter to the FOS as you aren't actually their customer. I've experienced this ignorance throughout many insurers and the truth is that the moment you have any dealings with them whatsoever, you become a customer and thus an eligible complainant.
Hope this helps. I'm assuming you're based in the UK.
2006-10-18 13:20:28 · answer #2 · answered by icezebra 1 · 0⤊ 0⤋
Are you talking about a deductible feature on the "victim's" insurance policy? Your question is not very clear. But the person driving the car should be responsible for the entire cost of repair and replacement. If the person whose property it was put in a claim to his own insurance company while waiting for the responsible party to pay up, his insurance would probably only pay 85 or 90% of the damage, because that's what the contract of insurance provides for. Then the insurance company itself would go after the driver to get back the money they paid out, and also to collect whatever out-of-pocket expenses the property owner had himself.
2006-10-15 11:50:55 · answer #3 · answered by MOM KNOWS EVERYTHING 7 · 0⤊ 0⤋
I'm assuming your in the UK.
I take it the car driver was at fault for the damage.
If so the normal course of events is as follows:
1. You make a claim under your property Insurance policy
2. Your Insurers will repair the damage
3. You will pay the policy excess (or deductible) for the cost of the repair work.
4. Your Insurance company will pursue the car drivers Insurance company for reimbursement of their repair costs.
5. You contact the the car drivers Insurance company for your excess back.
If you speak to your Insurance company they may be able to assist in pursuing the other Insurance company on your behalf.
I am puzzled by you having to fund 15% - can you provide more information on this (eg. Were you underinsured?). In any case the very minimum required is that the car driver or their insurance company must reinstate the damage to your property to the standard immediately prior to the incident.
Hope this helps and good luck.
Contact me if you need some advice.
2006-10-16 09:31:39 · answer #4 · answered by canarian.frank 2 · 2⤊ 0⤋
No, you are not responsible for 15% of the cost. They are liable to you for all damages and must make you whole. The only limitation to this would be the policy limits of the negligent party. For example, if the cost to repair was $20,000 and their liability limit was only $15,000. The insurance company would only pay $15,000 in this example, and you would have to go after the driver personally, usually in small claims court, for the additional $5000 in expenses.
2006-10-20 12:47:19 · answer #5 · answered by nurse ratchet 6 · 0⤊ 0⤋
The only reason I can think of for the 15% would be a Betterment clause. This means that after the repair the insurer estimates that the repaired item is in a better state of repair than prior to the damage. Tell them this is unacceptable and that you wish to pursue the mater if need be through the courts to recover your full costs
2006-10-19 04:38:32 · answer #6 · answered by Jim G 3 · 1⤊ 0⤋
You have 2 choices...get pay from your own insurance and pay a deductible or claim against the insurance of the car that caused the damage. If you have to pay a deductible going to your insurance, your company then will go against the car's insurance to recover the money including your deductible, this is known as subrugation and will return your money in the same proportion than they collect
2006-10-16 11:27:20 · answer #7 · answered by lm050254 5 · 0⤊ 0⤋
Nonsense. Don't listen to his insurance company. The driver and his insurance co. are responsible for 100% of the damage costs. Hire an attorney.
2006-10-21 13:04:02 · answer #8 · answered by jack w 6 · 0⤊ 0⤋
The drivers ins should pay out 100% to repair the damage !. If it happen again ! still claim on their insurance o/k.
2006-10-15 11:58:13 · answer #9 · answered by SCARFACE 2 · 0⤊ 0⤋
Driver responsible for total cost of damage.....but not necessarily his insurance company.
2006-10-15 11:57:41 · answer #10 · answered by grumpyoldman 4 · 0⤊ 0⤋