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#insurers trying to charge #excess for using your own #bodyrepairer @vbra @nab @abp

By 1st July 2015No Comments
Many insurers are applying steerage techniques to deny you the choice of your own repairer after an accident.Many are now trying to charge additional excess should you use your own. I believe this to be an unfair term and condition in a contract, and such it IS covered by legislation by a parlimentary act,and also by the FCA guidelines.Should your insurer try to apply ,bring their attention to these.

Unfair Terms5.  (1)  A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties’ rights and obligations arising under the contract, to the detriment of the consumer.

(2) A term shall always be regarded as not having been individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term.

(3) Notwithstanding that a specific term or certain aspects of it in a contract has been individually negotiated, these Regulations shall apply to the rest of a contract if an overall assessment of it indicates that it is a pre-formulated standard contract.

(4) It shall be for any seller or supplier who claims that a term was individually negotiated to show that it was.

(5) Schedule 2 to these Regulations contains an indicative and non-exhaustive list of the terms which may be regarded as unfair.

Should the insurer not waive the excess, contact us @motorclaimguru and we will direct you how to have this waived.

Tim Kelly

Tim is a highly qualified Independent Engineer with over 20 years experience as an Engineering Assessor of damaged vehicles.

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