Burn all insurance companies!

[blueseamonkey]

I have to sadly announce I am no longer a Lotus owner. My posting had taken a short break whilst awaitng the outcome of an insurance claim. However the insurers have now told me they have scrapped my beloved +2 despite promising me I would get the salvage whatever the outcome. Not only that, they are trying to convince me a +2 in good condition, well-maintained daily driver, was only worth £1000!
Anyway, after all this, my wife is very unlikely to let me buy another Lotus for a few years, so I must say my final farewells to everyone here.
Thanks for all the support, advice and sympathy I had during my few months of fun! Who knows I may yet come back if the wife changes her mind.
Goodbye
Rick
PS stay away from Zenith Insurance

[GrUmPyBoDgEr]

My sympathy Rick,
I assume you didn't have an agreed value insurance.
In any case I think you must have some rights to get your damaged car back at some sort of price. Got a friendly soliciter?
There's always someone waiting around the corner to screw you!

[simon.mitchell]

Rick,

As I understand it, the only time you cannot retain salvage is when the car is classed as category A or B. Cat B means the car can only be broken for parts and not restored to the road and for cat A the car has to be crushed. I'd suggest that you call them and insist that have the car returned to you, threatening legal action. Post the correspondence on here and make sure you tell them that you're doing so!

The other option that immediately springs to mind is (depending on the damage) not to claim at all - just tell them you want the car back - and fix it yourself.

In general, the tip for keeping your car is, assuming it can be driven after the accident, to keep it at your house and insist that any inspection is carried out there. Get estimates if needed but make sure it is at home as insurers can rarely be bothered to arrange collection of salvage.

Don?t let them stitch you up!

Good luck!

[Emma-Knight]

Some one crashed in my 180 000 miles 1983 VW Polo (720 kg/ 60 bhp).
As the car was well cared for, they wanted to get away with paying me 250pounds. Half a years little struggle and they payed 1000 pounds for the
little, basic car - they have to show You a car in that condition, maybe special modell/ equippment, maintenance history - they can't guarantee
another car with even lot less mileage won't break down the next corner.
My car was a "full write of", I kept and repaired it, eleven month later
an Audi crashed in the nearside door - solicitor as they tried the game
again - and I got a new door, painted and rebuild by VW, and money for a replacement car for 7 days...

Anna

[steveww]

Well done Emma. You chaps you need a good woman to sort things out for you

[M100]

If you submitted a claim you may have inadvertently waived some rights.

No Elan, no matter how badly damaged even if it, as is quite likely, categorised in cat A or B due to inexperience assessors, is beyond resurrection.

Have you accepted the offer in writing?

If not then get back onto them asap. Speak to someone higher up the pecking order than the droid that answers the phones and tell them you are registering a complaint with the insurance ombudsman. Inform the insurance company by phone, fax and by recorded delivery.

Do not under any circumstances cash any settlement cheques they send you.

http://www.financial-ombudsman.org.uk/

[chrishewett]

I recently had my Alfa 33 sportwagon (fsh, 50,000miles, wonderful condition) written off by an elderly driver ploughing into the side of me. His insurance company accepted liability and after eight weeks offered me ?100! After I threatened them with the ombudsman etc they finally offered ?750 which I accepted because I considered life was too short to continue the battle. I miss it as it was nearly as much fun as the +2 and never went wrong!
All insurance companies should burn in hell!
Chris

[elanfan1]

Why not ask them to replace the car for you with one in similar condition. At the end of the day insurance is meant to leave you in the same position after as before a claim. Clearly this is not and therefore they are in breach of the terms of the policy. Usually the company's motor engineer is a decent guy who should see the point you are making he is the one you should be able to get on side - show him copies of your Club Lotus mags with the advertised prices of cars. If not speak to no -one lower than the Claims Manager of the company.

The value they are offering you would get that and more for the engine alone - just check out Ebay. Scrapping a Plus 2 raises about ?2.5 to ?3K in spares alone.

I have worked for one of these "very Hot" companies for almost 30 years - there are doubtless some out there that will try and get away with as low a settlement as they can but these are the ones that give us all a bad name. Keep on refusing to settle the claim and make an absolute pain of yourself (without swearing or losing your temper - it just gets their backs up and they'll dig in) .

Incidentally are you thru a broker - if so it's their job to sort this out for you as you paid them a commission to work on your behalf.

Don't let the bathplugs get you down!!

[denicholls2]

My take on what happened here is that someone in the Zenith food chain saw your car and a tremendous opportunity -- if they could get the insurance company to take the car off your hands and sell it to them for salvage. Their gain is your loss, if you let them get away with it.

Unless you've signed away the claim, they owe you either your car back plus repair value (or total value minus salvage) or a comparable replacement. If the car's gone, they have illegally disposed of something which was not theirs to dispose of (in the U.S., we call that Grand theft, auto.) If you let them steal from you, they will be emboldened to steal from the next owner as well. Think long and hard about that, and don't let them get away with it!

At least in US law, a verbal commitment is every bit as legally binding as a written one, just a bit harder to prove. But I suspect the judge will know how to sort it out -- if you're willing to hold them to task. When you make it clear that you know the salvage value of the car to be a multiple of what they have paid you, case closed.

Unless you have signed away rights for value received, the simple documentation of a recently parted out car on eBay should be sufficient to establish actual cash value before a judge. In any case where the policy does not have an agreed value and has not been otherwise voided, actual cash value is what is due.

Doug Nicholls, 54/1822 Ma~

[lotuselan2]

About 15 years ago I dropped all of the insurance coverage on my vehicles; I keep only liability and other requirements. It was a $100/month saving. I put that money into a money market and now a CD; I finally backed off on my self-"payments" because I had enough to but at least another car. I have not put a scrath on a car since. Do the math and drive defensively (that does not mean slow; Europa owners know exactly what I mean).
Ken

[blueseamonkey]

Wow!
I remain totally impressed with everyone on the forum. I can't even leave the forum without getting loads of advice and help!
I had no intention of settling for the offer Zenith have made me, but now I have a much clearer idea of the ways I can use to force them to either return the car to me, or give me enough money to buy a new one. Thanks to all of you, I'll keep this thread updated with any progress, but I can't imagine it'll be quick!
Rick

[elansprint71]

Show them the +2 on offer at Paul Matty's for ?18K, also search web for the "Colin Chapman" +2 currently on sale.

Pete

[blueseamonkey]

Haha! 1 polite but very stroppy letter later, and things are moving in the right direction. I've just had a letter signed by the CEO of Zenith himself, promising things will be looked at by his senior staff, and asking me to contact him personally if I'm still not happy
Blimey, must have been the mention of the ombudsman that did it I think.
Rick

[theelanman]

good work rick...we knew you could do it...keep at em mate...dont let the b@st@rds get away with it!!!

[chrishewett]

As I understand it any involvement of the ombudsman results in serious cost to the insurance company regardless of the outcome. That was what made the insurance company in my case take things seriously. Incidentally the same applies to solicitors ( another pet hate of mine) and the law society.
Life really is one battle after another!
Chris