Dear Insurer.

You have been provided with a vehicle damage assessment (‘Assessment’) for our mutual customer and we wish to engage you to authorise the repair. This letter forms the terms of engagement with us (Auto Spray) and yourselves.  By authorising the repair or asking us to hold a total loss vehicle, you also confirm you accept these terms.

No amendments

No amendments to this Assessment are permitted without consent by the original author. Should any amendment be required, you must contact the author to discuss the proposed amendment and seek authorization for it. The author is available on 01254 447571.

All repair specifications we create are carefully constructed to ensure the safe repair of the vehicle.  Any amendment of this assessment without prior discussion may result in an unsafe repair.   This could result in the vehicle being supplied to a customer in an unroadworthy condition contrary to section 75 of the Road Traffic Act 1988. Please note that by amending this Assessment without prior consultation, you may result in a criminal offence under the aforementioned statute.

As we have no contract with yourselves, we are not able to negotiate a customer’s loss. To do so would be a conflict of interest, the customer is legally entitled to the full cost of repairs at retail rates in accordance with the Court’s decision in Coles v Hetherton [2013] EWCA Civ 1704.

If you are unsure as to the content of this Assessment then please do not hesitate to contact the author.

For the avoidance of any doubt, Auto Spray are not responsible for and will not accept any liability resulting from any amendment of this Assessment without prior discussion and authorisation with its author.

Choice of repairer

Consumers are afforded protection under a variety of legislation including, but not limited to, the Consumer Rights Act 2015 and the Consumer Protection from Unfair Trading Regulations 2008. As an insurer, you are regulated by the Financial Conduct Authority and it is mandatory that you comply with Financial Service and Markets Act 2000. As our mutual customer is entitled to choose where and who they use to repair their vehicle, you must not contact or influence the customer on their choice of repairer.

Authorised repairs are defined as having instructions from the customer to undertake repairs to their vehicle with their authority, or from whom they have delegated authority.

Auto Spray will identify the correct methodology for repair and will reference that method through manufacturers’ data and product knowledge available to us.

Sub-contractors

You are not permitted to use your own sub-contractors. Auto Spray will only allow sub-contractors who are one of our official service providers to carry out an operation that may be integral to the authorised repair. Similarly, we will not be bound by pre-arranged terms or costs any insurance company or work provider has in place with their own nominated service partner or network partner.

Payments Terms

Auto Spray may at its discretion, seek cleared funds for the full amount of repair cost before we will release the completed repair. The full title of any authorised repair will not pass until the funds clear.

In instances of extensive high value repairs, upon authorisation of any repairs, Auto Spray may seek an advance payment of the authorised total as a security deposit, depending on the circumstances. This amount includes the VAT element of the repair.

Authorised non-contractual repairs are accepting Auto Spray terms of payment. It is a condition of commencement of authorised repairs that the account be settled by return where there is no credit facility in place.

Where a credit facility is in place, the terms of payment are the end of the next working month. If no payment is received, 8% plus the Bank of England base rate will be charged. Also, a debt recovery charge will be made at the following values:

• £40 for up to £999.99
• £70 for £1,000 to £9,999.99
• £100 for £10,000 or more.

Car hire costs

Where the customer whilst awaiting repairs to be completed, has use of a replacement hire vehicle not supplied by us, we shall not be responsible for any portion of the car hire costs resulting from any delays in the repair process out of Auto Spray control.

Any estimated date of completion is given as a guide only and should not be relied upon by any party.

Total loss fees

In the event of a vehicle being deemed a total loss, the following fees will apply when they are performed on the vehicle:

• Assessment fee of £65.00
• Road test £70.00
• Administration fee of £86.00
• Methods research fee of £40.00
• an assessment fee of £65.00
• Car care kit £9.00               
• Pre-repair diagnostics £75.00             
• Check wheel geometry 00             
• Recovery fee £110.00
• Any vehicles requiring stripping for an accurate estimate will be chargeable at £70/hr

• If any additional equipment or personnel were involved in removing the vehicle from the truck, a £65.00 yard charge will also apply.
• The secured indoor storage fee per 24 hours for any vehicle is £40.00. Storage is the safe holding of a customer’s vehicle on our premises. However, anything after 48 hours from the time of total loss notification, storage will be charged at a rate of £150 per 24 hours for bay blockage, until the time the invoice is paid in full.

These fees are all subject to VAT.