How can I persuade AXA to cover the cost of repairing my car?

[HELPNEEDED]

Any suggestions as to how I can persuade AXA to cover the cost of the damage to my car? I have fully comprehensive insurance with them.
The damage occurred in a supermarket car park whilst I was in the shop for about 30 minutes. Unfortunately there is no CCTV in the car park and the three wise monkeys would have been more helpful as witnesses than the several people, including the supermarket staff, whom my friend and I asked about the incident.
Apparently, the damage to my car is 'too rusty for such a dry march'.
This is in spite of the fact that I bought the car in December, when it was immaculate and my whole village would be willing to testify as to how proud I was of 'my posh car'.
I should also mention that I live in Cornwall, on the edge of Bodmin Moor - not the most forgiving of climates.
I can't help wondering if part of my problem is that I would not be 'persuaded' to use the garage AXA recommended. I chose to return the car to the garage where I bought it as the locality is far more convenient and have found the staff trustworthy and helpful.
So please does anyone have any advice that might help me encourage AXA to live up to their obligations and pay for the repairs to my car?
Janette Johnson

[smudger]

Welcome to the site HELPNEEDED, I'm not exactly sure what you meant, but if you go through your insurance company, you will have to any excess you have on your policy, good luck.

[HELPNEEDED]

I have been trying to go through my insurer and I expected to have to pay the excess BUT AXA are refusing to pay the cost of the repairs. I have now asked them to put in writing the reasons for their refusal; however I am not sure what I should do next.

[HELPNEEDED]

P.S. Thanks for the reply.

[Rolebama]

Not sure if I have this right, but it sounds as if you are saying that paint has been removed, and the exposed metal is rusty. Axa are saying that the amount of rust means that the damage must have occurred at a different (earlier?) time than you are alleging.
If this is the case, maybe a few statements from people who saw the car prior to the event, stating a 'no rust' condition would be helpful to your cause.

[wagolynn]

The Financial Services Authority are the ombudsman for insurance (FSA) they are at http://www.fsa.gov.uk/
I think AXA are saying the vehicle is beyond economical repair or, under the betterment rule, see your insurance terms and conditions, if repaired your vehicle will be worth more than it was before the damage and therefore they will not repair it. Once there reason for not paying out is clarified, the only answer is to pay for an engineer’s report to see what the actual condition of the vehicle is. The car looking 'good' when you bought it is meaningless, unless you are a motor engineer, I have part exchanged rusty cars in the past and then seen them when ready for sale and they looked terrific.

[HELPNEEDED]

Thanks for that. Hoping AXA will accept what people who see the car on a regular basis say. If not the engineer's report seems like a good idea.

[HELPNEEDED]

Thanks for that,I certainly have plenty of people who saw the car without rust on it.

[wagolynn]

Thanks for that,I certainly have plenty of people who saw the car without rust on it.

It is not what you can see that matters it is what was under the paint that may be at issue, rust does not have to show if someone has bodged the car up for sale. A motor engineer will be able to spot the difference.

[HELPNEEDED]

Thanks again. That's what I plan to do once I get the letter of explanation from AXA.