Any solicitors out there? Need advice please

Do not get me wrong as I can see your point of view but just trying to see it from another angle. If you take the courtesy car to be a proxy of your actual car then by keeping the courtesy car you are keeping you actual car. If you intended to give your lease car up at the end of the lease and then use the new Audi then you should of handed back the courtesy car at the end of the lease period and started to use the Audi. Then I would see the case for saying the extra lease costs you incurred were extra since you did not have the proxy car and hence would not have had the lease car. By keeping the courtesy car for the entire repair period and beyond the original lease then all they see is you had a car from them to cover your car in for repair hence the extra lease costs would have been incurred since you would have had to have had a car of some sort for that 3 month period. Can you see the point I am trying (probably badly) to make?
That said good luck with the case and hope you do get a good resolution.
Yes I do see what you're trying to say. I didn't want to rack up the miles in the Audi so was using the courtesy car until the Mazda came back and the courtesy car got picked up.
 
If they did pay the lease costs then who would be paying for the courtesy car all that time? You can be sure there is no chance they are paying for both
Well I'm assuming the 3rd party insurance company. Courtesy car while my car was being repaired + expenses incurred. I can imagine any company would try to get out of paying for anything they can.
 
So if the accident would not have happened you would have given your lease car back at the end of August. You said that it took you 4 months to buy another car but Im not sure when that 4 months starts but I guess that some of that is after the lease car would have gone back. Had the accident not happened what were you going to do in the time between the lease car going back and getting the Audi? Did it take you 4 months as you had the fall back of the courtesy car or that is how long it would have taken you anyway?
I think I bought the Audi at the end of July, privately for when the Mazda went back (eventually). I finally found the right spec Audi after looking for what seemed like a very long time! I wasn't planning on keeping the Mazda to reduce my overheads (with maintenance on the lease it worked out more expensive than privately owning the Audi lol).
I left the Audi on my driveway most of the time and was using the courtesy car to rack up the miles on that while using it for work.
 
I left the Audi on my driveway most of the time and was using the courtesy car to rack up the miles on that while using it for work.
Since the CC was of a lower value than the lease car, are you not only out-of-pocket for the difference in cost of the lease and the CC, from the time you acquired the Audi until the protracted end of the lease ?
(edit: compared to returning the CC and using the Audi from date of acquisition).
 
But by keeping the courtesy car you are effectively saying you were keeping the Mazda. If you wanted to claim the extra lease payments then you should have handed the courtesy car back when lease on Mazda finished. Then would be an easy claim since the 3rd party insurance company were not then paying for a proxy car for you. This should have been explained too you I feel at the time.
 
Unfortunately you needed to have returned the courtesy car as soon as you bought the Audi to be able to claim for the extra leasing costs. You are asking the insurers to pay for you to have 2 cars at the same and there is now way they will do that. Sorry but I can see why the claim for extra leasing costs has been turned down. Someone should have told you to return the courtesy car as soon as you got the Audi so it might be worth putting a complaint in to your own insurers.
 
Since the CC was of a lower value than the lease car, are you not only out-of-pocket for the difference in cost of the lease and the CC, from the time you acquired the Audi until the protracted end of the lease ?
(edit: compared to returning the CC and using the Audi from date of acquisition).
Sorry, I'm not understanding what you are saying - can you please rephrase?
 
Unfortunately you needed to have returned the courtesy car as soon as you bought the Audi to be able to claim for the extra leasing costs. You are asking the insurers to pay for you to have 2 cars at the same and there is now way they will do that. Sorry but I can see why the claim for extra leasing costs has been turned down. Someone should have told you to return the courtesy car as soon as you got the Audi so it might be worth putting a complaint in to your own insurers.
I'm not asking them to pay for two cars. The Audi has nothing to do with this really as I wasn't claiming for using that at all.
Why does it matter how many cars I have access to? I didn't get cheaper car insurance on the basis that I have access to another car while my one is being repaired.
A CC should be provided as a matter of course. I'm claiming for expenses incurred for my Mazda being repaired due to the 3rd party driving into my car.
Oh, and the people I've been speaking to are MY insurance people. I have not dealt with the 3rd party insurers at all.
 
But by keeping the courtesy car you are effectively saying you were keeping the Mazda. If you wanted to claim the extra lease payments then you should have handed the courtesy car back when lease on Mazda finished. Then would be an easy claim since the 3rd party insurance company were not then paying for a proxy car for you. This should have been explained too you I feel at the time.
But surely a CC is just a matter of course, especially if it's the 3rd party who was at fault.
I did explain the situation to Albany Assistance who was dealing with the repair work etc. on Admiral's behalf, that my Mazda that was involved in the accident had to go back by the end of August as the lease was up etc. but they couldn't care less - the repair is going to take as long as it takes was basically their reply.
 
In the eyes of the insurance company the CC car is the same as your car. Hence if you wanted to return your car (the Mazda) in August at the end of the lease then you should have handed the CC back. This is because as far as the insurance company are concerned you had your car until you gave this back. This is why they do not want to pay twice i.e. once for the CC and the second for the lease on your Mazda. Maybe I am not explaining myself properly but as far as the insurance company are concerned you are not out of pocket for the lease since you had the CC car during those months so had benefit of a car that they were paying for in proxy of the Mazda. Insurance is about reimbursing costs and not putting people in a better position. By your own admission you kept the CC so you did not put miles on the Audi that you had bought to replace the Mazda. This is a better position than if you had the Mazda since it is the equivalent of keeping the Mazda past the lease period but not paying any more lease payments.
 
In the eyes of the insurance company the CC car is the same as your car. Hence if you wanted to return your car (the Mazda) in August at the end of the lease then you should have handed the CC back. This is because as far as the insurance company are concerned you had your car until you gave this back. This is why they do not want to pay twice i.e. once for the CC and the second for the lease on your Mazda. Maybe I am not explaining myself properly but as far as the insurance company are concerned you are not out of pocket for the lease since you had the CC car during those months so had benefit of a car that they were paying for in proxy of the Mazda. Insurance is about reimbursing costs and not putting people in a better position. By your own admission you kept the CC so you did not put miles on the Audi that you had bought to replace the Mazda. This is a better position than if you had the Mazda since it is the equivalent of keeping the Mazda past the lease period but not paying any more lease payments.
Yes, I see what you are saying. But the fact of the matter is that had it not been for the 3rd party, I wouldn't have had the Mazda past August, with July being the last payment. Because of the accident, I had to pay August, September and October as lease payments.
Had I handed the CC back at the end of August when my lease should have ended, I would have still had to pay for the lease car. I'm quite positive they would be rejecting my claim still as they can just say 'it was up to you sir when you handed back your CC during the repair period, and nothing to do with us'.
 
If you had handed it back they may have tried that argument but you would have been in a strong position to demand the money back. As it is you have no case.
I understand you could not hand it back in August but to claim those lease payments you needed to act as if you had handed back. Unfortunately you did not do this. Now if you complain they may do something as an act of goodwill but as far as I can see you have no case so the ombudsman etc. would side with the insurance company. I could be wrong so worth a try to see what you can get. Your best tact could be to complain about advice given in terms of the CC and lease period. This may get you somewhere. Good luck with it all.
 
If you had handed it back they may have tried that argument but you would have been in a strong position to demand the money back. As it is you have no case.
I understand you could not hand it back in August but to claim those lease payments you needed to act as if you had handed back. Unfortunately you did not do this. Now if you complain they may do something as an act of goodwill but as far as I can see you have no case so the ombudsman etc. would side with the insurance company. I could be wrong so worth a try to see what you can get. Your best tact could be to complain about advice given in terms of the CC and lease period. This may get you somewhere. Good luck with it all.
Thank you, I will!
 
I think a complaint about the advice you were given is your best option. Good luck
 
I think a complaint about the advice you were given is your best option. Good luck
Or the lack of it! Thank you, I'm still waiting to hear back from the complaints department.
 

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