Pre-Contract Information

Who We Are

Car Write-Off Claims is a trading style of Evans Hughes Ltd. We are a claims management company authorised and regulated by the Financial Conduct Authority (FCA). You can verify our registration on the FCA register at https://register.fca.org.uk.

Our Service

We assist customers who believe they received an unfair settlement from their insurer after their vehicle was declared a total loss due to accident or theft.

Our role involves collecting and analysing key information relating to:

your vehicle,
the insurance claim and settlement paid, and
independent market valuation data for your vehicle at the time it was written off.

Where we identify that your insurer may have undervalued your vehicle or handled your claim unfairly, we will submit a formal complaint to the insurer on your behalf.

In addition, if we identify concerns within the vehicle’s history or claim circumstances that could give rise to further claims (against the insurer or another party), we will inform you and explain how we may be able to assist.

Where undervaluation is established, we will seek to recover compensation. This is typically the difference between:

the amount already paid by your insurer; and
the fair market value of your vehicle at the date of loss.

If your insurer rejects the complaint or provides an unsatisfactory response, we can escalate the matter to the Financial Ombudsman Service (FOS) for an independent review.

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About the Financial Ombudsman Service

The Financial Ombudsman Service is an independent body that resolves disputes between consumers and financial firms, including insurers.

If there is disagreement between you and your insurer, the FOS will assess the case and determine what outcome is fair and reasonable based on the circumstances.

Decisions are made based on written evidence, without court-style hearings. More information is available at https://www.financial-ombudsman.org.uk.

Should You Proceed With a Claim?

There are both advantages and potential drawbacks to consider before proceeding.

Potential Benefits

If your complaint is successful, you may receive additional compensation from your insurer.
Our fee is only payable if you receive compensation.

Potential Drawbacks

There is no guarantee of success, meaning time may be invested without a financial outcome.
Revisiting the circumstances of your vehicle being written off may be uncomfortable, particularly if the event was distressing.

You should carefully consider whether making a claim is the right decision for your individual circumstances.

Cost of Our Service

We operate on a “no win, no fee” basis.

This means:

If you do not receive compensation, you will not pay us anything.
If your claim is successful, we charge a success fee based on the compensation awarded.

Our fees range from 18% to 36% (including VAT), depending on the amount recovered. Full details are provided later in this document.

You Are Not Required to Use a Claims Management Company

It is important that you are aware of your options:

You can submit a complaint directly to your insurer at no cost.
If your complaint is rejected, you can refer it to the Financial Ombudsman Service free of charge (provided the firm is still trading).
If the insurer has failed, you may be able to claim via the Financial Services Compensation Scheme (FSCS), also free of charge.

You may also choose to instruct a solicitor. Solicitors can pursue claims through the courts as well as via the FOS. If you have legal expenses insurance, this may cover legal costs. Independent legal advice should be sought if you are considering this option.

We recommend comparing providers before deciding whether to use a claims management service.

What Happens If You Instruct Us?

Entering Into an Agreement

If you decide to proceed, you will be required to enter into a legally binding agreement with us.

Our Process

Once instructed, we will:

obtain details of your insurance settlement and vehicle,
assess the make, model, condition, and valuation at the time of write-off,
use industry valuation tools and data sources, and
where authorised, review supporting financial information such as payment records.

We will also rely on information you provide through forms, questionnaires, or other communications.

We will then assess whether your insurer acted fairly, taking into account:

FCA rules and guidance,
Financial Ombudsman Service decisions, and
your individual circumstances.

Where appropriate, we will submit a complaint requesting that the insurer:

increases the settlement to reflect a fair market value; and
applies interest (typically 8% per annum) on any additional amount due.

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Keeping You Informed

We will keep you updated throughout your claim, primarily by email, but also via telephone, text, post, or online portals where appropriate.

Updates may include:

confirmation that your claim has been submitted,
acknowledgement from the insurer,
the insurer’s final response or delays, and
any escalation to the Financial Ombudsman Service.

If your claim is referred to the FOS, we will notify you when:

the referral is made,
it is acknowledged, and
any key developments occur.

Where delays are outside of our control, we will still provide updates at least every 12 weeks.

If the Insurer Does Not Resolve the Complaint

If the insurer’s response is unsatisfactory, we can escalate the complaint to the Financial Ombudsman Service for a formal decision.

Please note that outcomes are not guaranteed, as decisions are based on the merits of each individual case.

You should not rely on potential compensation when making financial decisions, such as purchasing another vehicle.

Timescales

Typical timeframes are:

8 to 20 weeks for cases resolved directly with the insurer;
An additional 8 to 52 weeks if referred to the Financial Ombudsman Service.

These are estimates only. Some cases may resolve more quickly, while complex matters can take significantly longer.

Who Will Handle Your Claim

Your claim will be managed by trained members of our team, which may include both employees and approved contractors operating under our supervision.

Our Success Fee

Our fee is only payable if compensation is recovered.

The fee is calculated as a percentage of the compensation amount and follows a banded structure. We do not charge any fee on amounts used by your insurer to reduce outstanding vehicle finance balances.

These figures are illustrative and not a prediction of outcome.

Cancellation

Cooling-Off Period

You may cancel your agreement free of charge within 14 days from the day after signing.

After the Cooling-Off Period

You may still cancel at any time. However:

no cancellation fee will apply, but
if we have already secured an offer which you later accept (or exceed), our success fee will still be payable based on that offer.

Subrogation and Third-Party Recovery

In some cases, your insurer or another party (such as a GAP insurance provider) may have rights of recovery relating to your claim. This is commonly referred to as subrogation.

Subrogation means that where a third party has paid part or all of your loss (for example, your motor insurer or GAP insurer), they may have the legal right to recover those amounts from another party who may be responsible.

How This Affects Your Claim

Where subrogation applies:

A third party (such as your insurer or GAP provider) may be entitled to recover some or all of any compensation obtained.
We may need to liaise with that third party to understand their rights and ensure the claim is handled correctly.
In some cases, the claim may be pursued in part or in full on behalf of that third party, depending on the legal position and any agreements in place.

Our Role

As part of our service, we will:

identify whether subrogation rights may apply to your claim;
explain to you how this may impact any compensation you receive;
where appropriate, work with the relevant third party to pursue recovery; and
ensure that any distribution of compensation is handled in line with legal and regulatory requirements.

Important Information

You must inform us if your vehicle was subject to finance, GAP insurance, or if any third party has contributed to your loss.
Any compensation recovered may first be used to repay amounts owed to insurers, finance companies, or other parties before any balance is paid to you.
Our success fee will only apply to the portion of compensation that you are entitled to receive, unless otherwise clearly agreed with you in advance.

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Complaints

If you are unhappy with our service, you can raise a complaint by phone, email, post, or any reasonable method.

We will:

acknowledge your complaint within five working days,
provide details of our complaints procedure, and
issue a final response within eight weeks (or explain if more time is needed).

You will also be informed of your right to refer your complaint to the Financial Ombudsman Service.

Privacy

Details of how we collect, use, and protect your personal data can be found in our Privacy Policy