Can insurance companies legally deduct vat from claims?

ED054
Couple of thngs to point out…..
You say “As you are not VAT registered why should it be paid by you.” I have to pay VAT, no way of avoiding this – legal requirement.

I don’t feel that I should profit from this deal, I never said this or gave the impression that I wanted to profit from this, all I want is the amount the insurance company assessor agreed.

To put me in a position prior to where I was before the accident the assessor offered me a figure of €3,500.00 - he now wants to deduct the VAT – this leaves me with a shortfall of about €500.00

When speaking with the insurance regulator the person I spoke to constantly referred to the insurance company and the regulator as “we” and I was referred to as the third party, I suppose this is what you get when the insurance regulator is funded by the insurance companies. If the insurance regulator is even 50% better than the financial regulator then we may as well all give up dealing with them, we all know how lax the financial regulator was with the banks and did nothing to stop the rot and corruption there, I wonder is the insurance regulator any better? (just a question, not libelous in any way J).

Let me present my argument another way…..

My car is stolen and written off, the assessor agrees a figure of €20k with me, I say great send me the cheque and by the way, I am not buying another car I have decided to cycle to work in future, do they deduct the VAT from my payment?
My freezer fails when I am on holidays, in it there is €500.00 worth of steak, I decide to replace the steak with pork chops worth €200.00 – do they deduct the VAT on the €300.00 difference?
My Rolex watch is stolen, worth €3k I put in a claim but decide not to buy a new watch with the money, do they deduct the VAT?
I put these three questions to the insurance company and in each case the answer was NO, we will not deduct the VAT in these cases.
I asked them why the repair was different and their answer was “it’s company policy”. This is not an acceptable answer, there must be a fuller explanation as to why they treat accident damage differently to any other claim.
 
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ED054
Couple of thngs to point out…..
You say “As you are not VAT registered why should it be paid by you.” I have to pay VAT, no way of avoiding this – legal requirement.

I don’t feel that I should profit from this deal, I never said this or gave the impression that I wanted to profit from this, all I want is the amount the insurance company assessor agreed.

To put me in a position prior to where I was before the accident the assessor offered me a figure of €3,500.00 - he now wants to deduct the VAT – this leaves me with a shortfall of about €500.00

When speaking with the insurance regulator the person I spoke to constantly referred to the insurance company and the regulator as “we” and I was referred to as the third party, I suppose this is what you get when the insurance regulator is funded by the insurance companies. If the insurance regulator is even 50% better than the financial regulator then we may as well all give up dealing with them, we all know how lax the financial regulator was with the banks and did nothing to stop the rot and corruption there, I wonder is the insurance regulator any better? (just a question, not libelous in any way J).

Let me present my argument another way…..

My car is stolen and written off, the assessor agrees a figure of €20k with me, I say great send me the cheque and by the way, I am not buying another car I have decided to cycle to work in future, do they deduct the VAT from my payment?
My freezer fails when I am on holidays, in it there is €500.00 worth of steak, I decide to replace the steak with pork chops worth €200.00 – do they deduct the VAT on the €300.00 difference?
My Rolex watch is stolen, worth €3k I put in a claim but decide not to buy a new watch with the money, do they deduct the VAT?
I put these three questions to the insurance company and in each case the answer was NO, we will not deduct the VAT in these cases.
I asked them why the repair was different and their answer was “it’s company policy”. This is not an acceptable answer, there must be a fuller explanation as to why they treat accident damage differently to any other claim.


Ok I will ignore your comments regarding the financial regulator but as I previously advised if you feel that you are being that badly treated you should lodge a complaint with the Financial Services Ombudsman.

To answer you’re other questions
If your car is written off their is no VAT aspect to deduct because VAT was paid for on the car when purchased originally.

Food is zero rated so therefore your comment is not relevant however if you decide to replace the filet steak with pork chops that is your own decision your insurer will paid for the cost of the goods damaged and if you decide to buy a cheaper replacement that is your decision.

I hope that you will mind your Rolex but if you do lose it the same situation as described above will apply
 
Just got a letter in the door, the insurance company have waived the policy excess if I leave the VAT element alone (and dont stir thing up I presume), leaves me about level.
They really dont want me to open a can of worms on this subject.
 
Just got a letter in the door, the insurance company have waived the policy excess if I leave the VAT element alone (and dont stir thing up I presume), leaves me about level.
They really dont want me to open a can of worms on this subject.


Good.
Hopefully that is the end of this matter
 
MacC
I think you have a very valid point. If your insurance agreed €3500 is the required amount to reinstate you car to previous condition.. surley its your decision you repair the car or trade it in.
If you take payment less the vat and then decide to repair the car at a late stage, will the insurance issue you another cheque for the vat???
 
LS400
They have agreed to waive the excess on policy so this leaves me level.
They REALLY dont want me bringing this to the small claims court, too many arguments in my favor and no legislation that allows them to do this.
 
The company are making a goodwill gesture to you in order to get you off their backs. Be grateful.

Original estimate for the damage is on the basis of what it would cost to repair the car. Naturally this would have to include the vat charge if you are not registered for vat.

As Ed054 explained, the vat is only payable if you avail of the repair facility. If you decide not to repair the car the Government tax (vat) does not arise and you cannot be charged for it. Therefore the insurance company cannot pay a non existent tax. That's why it's company policy.

This is the point you refuse to accept.

I'm afraid the small claims court would not sustain a claim for a refund of tax that was never paid.
 
One of the points that is being missed by everybody is that if I make a claim against another persons policy they pay in full on the estimate (including VAT), if I make a claim against my own policy they deduct ther VAT. Their reasoning seems to be that if I am making a claim against another persons policy they have to pay out in full even if I dont get my car repaired, they are legally bound to pay the claim in full.
Why not treat me the same even if I am claiming off my own policy?
I have accepted their offer of not deducting the policy excess even though I think they offered this will make me go away.
I would still like legal clarification on this, I dont think they have a legal right to do this.
 
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Well seeing that you have dismissed any of the points raised by any of the contributors why don't you go and ask your solicitor.
 
Too expensive, they say they will look for about €1,000.00 to progress this.......not worth takikng a chance on.
 
The difference is you have a contract of indemnity with your own insurer but not with a third party insurer. Indemnity means putting you in the same position after the incident as you were before, which is what they did.
 
One of the points that is being missed by everybody is that if I make a claim against another persons policy they pay in full on the estimate (including VAT), if I make a claim against my own policy they deduct ther VAT. Their reasoning seems to be that if I am making a claim against another persons policy they have to pay out in full even if I dont get my car repaired, they are legally bound to pay the claim in full.
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Even if you make a claim against someone elses insurance policy, the company involved is still going to look for an invoice/final account for the work done! There is a difference between claiming for repairs and cash-in-lieu of repairs!
 
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