| Legal/Insurance advice 15:17 - Oct 8 with 2510 views | Fixed_It |
Last weekend my missus was involved in an accident. Her car was stationary, waiting at traffic lights on a dual carriageway roundabout. A truck on the other carriageway shed it's load, and a large gas cylinder bounced off the road and smashed into her car, leaving a gas cylinder-shaped dent in her front wing and drivers door. Had she been in the outside lane it would have been higher, and quite possibly would have smashed through the drivers door window and...well, the consequences don't bear thinking about.
Anyway, police state that she was quite clearly blameless, and the driver of the truck admits liability. I would suggest that as the load obviously wasn't secure, that he had been negligent.
Insurance claim made, and photos of damage sent to insurance company. Phone call on Sunday from Admiral, and they say that the car is a write-off (based on photo evidence). They wanted to collect the car on Monday, but we put them off as the car is still drivable and roadworthy. A phone call to their legal department (covered by insurance) and they state that as she isn't physically injured, there is no claim against the other driver. However, we all know that the sum offered will not be sufficient to cover the cost (and inconvenience) of replacing her car with like-for-like.
My question is: Is it correct that nothing can be done in terms of compensation to make up for any discrepancy given the clear negligence involved?
We have since had a private estimate for repairs which comes to about £500. The car (VW Touran) is worth around £3000-4000, so writing it off seems ridiculous. A phone call to Admiral and they have now agreed for us to get an estimate from one of their approved repairers, which I am sure will be more but hopefully not enough to make it uneconomical to repair. If they still do declare it to be a write-off, what are our options in terms of getting a pay out and keeping the car/repairing it ourselves?
Any advice gratefully received. Cheers. |  |
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| Legal/Insurance advice on 15:23 - Oct 8 with 2293 views | bluelagos |
If a car is written off as uneconomic to repair you can offer to buy it and then repair it yourself. I did that with a motorbike written off after I got taken out by an old lady a few years ago.
It does mean the vehicle is forever listed as having been a write off so will impact on second hand value if/when you come to resell.
You'll need to google write off classes to learn a bit more on this. Will also then need re-mot-ing as your insurance could be invalid after a car is written off. |  |
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| Legal/Insurance advice on 15:27 - Oct 8 with 2262 views | Fixed_It |
| Legal/Insurance advice on 15:23 - Oct 8 by bluelagos |
If a car is written off as uneconomic to repair you can offer to buy it and then repair it yourself. I did that with a motorbike written off after I got taken out by an old lady a few years ago.
It does mean the vehicle is forever listed as having been a write off so will impact on second hand value if/when you come to resell.
You'll need to google write off classes to learn a bit more on this. Will also then need re-mot-ing as your insurance could be invalid after a car is written off. |
Thanks. Yeah - that's what I thought. We will be getting a new MOT if that's the route we have to go down. Would probably choose to keep the car as it is a good car - just not looking very pretty at the moment! | |
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| Legal/Insurance advice on 15:31 - Oct 8 with 2254 views | Pinewoodblue |
| Legal/Insurance advice on 15:23 - Oct 8 by bluelagos |
If a car is written off as uneconomic to repair you can offer to buy it and then repair it yourself. I did that with a motorbike written off after I got taken out by an old lady a few years ago.
It does mean the vehicle is forever listed as having been a write off so will impact on second hand value if/when you come to resell.
You'll need to google write off classes to learn a bit more on this. Will also then need re-mot-ing as your insurance could be invalid after a car is written off. |
Spot on advice. Alternative suggestion, only really valid if you could remotely consider changing your car, speak to your dealer about trade in in damaged state. Remember at this stage the vehicle isn't a write off. This way you don't actually make a claim you might get more for the vehicle, on trade in, in damaged state than you would if you sold it later. |  |
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| Legal/Insurance advice on 15:32 - Oct 8 with 2247 views | BloomBlue |
But the accident wasn't your fault so you shouldn't be financially worse off the other insurance shouldn't pay the full value of your car, your insurance company's legal dept should know that.
I forget the term but I think its 'tort law' |  | | |
| Legal/Insurance advice on 15:33 - Oct 8 with 2242 views | bluelagos |
| Legal/Insurance advice on 15:27 - Oct 8 by Fixed_It |
Thanks. Yeah - that's what I thought. We will be getting a new MOT if that's the route we have to go down. Would probably choose to keep the car as it is a good car - just not looking very pretty at the moment! |
How it worked on my motorbike. Agreed the payout / valuation with the insurance company for the written off bike - then asked them for the price if I were to buy it from them.
Agreed that with them - and received the net of the 2 and kept the bike. Then repaired it and re-mot-d it and carried on with a (scratched up) bike.
If you are happy with the repairs and to live with the cosmetic damage then worth it if you think your car is good otherwise. | |
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| Legal/Insurance advice on 15:50 - Oct 8 with 2209 views | Fixed_It |
| Legal/Insurance advice on 15:32 - Oct 8 by BloomBlue |
But the accident wasn't your fault so you shouldn't be financially worse off the other insurance shouldn't pay the full value of your car, your insurance company's legal dept should know that.
I forget the term but I think its 'tort law' |
I guess the difference is whether they offer market value or forecourt value. In other words, the difference between what I would be offered as a part exchange and what I would pay to buy it. Clearly to replace it we will need forecourt value. Insurance companies, in my experience, don't offer forecourt value. | |
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| Legal/Insurance advice on 15:51 - Oct 8 with 2209 views | factual_blue |
| Legal/Insurance advice on 15:27 - Oct 8 by Fixed_It |
Thanks. Yeah - that's what I thought. We will be getting a new MOT if that's the route we have to go down. Would probably choose to keep the car as it is a good car - just not looking very pretty at the moment! |
Another thing to bear in mind is the nature of the damage to the car. When a similar thing happened to Her Serene Highness Mrs Factual, we were told the car, having been repaired, would have to be signed off as structural sound and safety compliant by VOSA, as a strut in the door was damaged. |  |
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| Legal/Insurance advice on 15:54 - Oct 8 with 2203 views | Fixed_It |
| Legal/Insurance advice on 15:51 - Oct 8 by factual_blue |
Another thing to bear in mind is the nature of the damage to the car. When a similar thing happened to Her Serene Highness Mrs Factual, we were told the car, having been repaired, would have to be signed off as structural sound and safety compliant by VOSA, as a strut in the door was damaged. |
Yes. Hopefully it will be deemed Category N rather than Category S. The door opens which suggests it is structurally sound. But who knows? | |
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| Legal/Insurance advice on 15:57 - Oct 8 with 2198 views | factual_blue |
| Legal/Insurance advice on 15:54 - Oct 8 by Fixed_It |
Yes. Hopefully it will be deemed Category N rather than Category S. The door opens which suggests it is structurally sound. But who knows? |
Mrs Factual' s car was hit by a small tank though. | |
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| Legal/Insurance advice on 16:00 - Oct 8 with 2196 views | Fixed_It |
| Legal/Insurance advice on 15:57 - Oct 8 by factual_blue |
Mrs Factual' s car was hit by a small tank though. |
The large gas cylinder made a sizeable dent in the road as it fell off the truck on it's way to Mrs Fixed_It's car door... | |
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| Legal/Insurance advice on 16:03 - Oct 8 with 2190 views | factual_blue |
| Legal/Insurance advice on 16:00 - Oct 8 by Fixed_It |
The large gas cylinder made a sizeable dent in the road as it fell off the truck on it's way to Mrs Fixed_It's car door... |
No, a TANK...
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| Legal/Insurance advice on 16:08 - Oct 8 with 2181 views | Fixed_It |
| Legal/Insurance advice on 16:03 - Oct 8 by factual_blue |
No, a TANK...
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Blimey. Was she serving in the Middle East at the time, or just driving around Ixworth? | |
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| Legal/Insurance advice on 16:12 - Oct 8 with 2171 views | factual_blue |
| Legal/Insurance advice on 16:08 - Oct 8 by Fixed_It |
Blimey. Was she serving in the Middle East at the time, or just driving around Ixworth? |
Let's just it was being driven by a Yank, somewhere in Suffolk. Recourse to the Visiting Forces Act 1952 was needed. | |
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| Legal/Insurance advice on 17:08 - Oct 8 with 2080 views | andytown |
| Legal/Insurance advice on 16:12 - Oct 8 by factual_blue |
Let's just it was being driven by a Yank, somewhere in Suffolk. Recourse to the Visiting Forces Act 1952 was needed. |
My Mum wrote her car off a few years ago, insurance company offered x, which was well below value of car. She phoned ins company and explained and they told her to send in an advert for a similar age motor. She did that and they sent a cheque for the advert price that week. Might be worth asking your ins company |  | | |
| Legal/Insurance advice on 17:13 - Oct 8 with 2067 views | bluelagos |
| Legal/Insurance advice on 17:08 - Oct 8 by andytown |
My Mum wrote her car off a few years ago, insurance company offered x, which was well below value of car. She phoned ins company and explained and they told her to send in an advert for a similar age motor. She did that and they sent a cheque for the advert price that week. Might be worth asking your ins company |
You absolutely don't need to accept the first value offered. And if you can show adverts of similar aged / condition / mileage cars that will support your argument against a low offer. | |
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| Legal/Insurance advice on 17:29 - Oct 8 with 2041 views | MedwayTractor |
| Legal/Insurance advice on 17:08 - Oct 8 by andytown |
My Mum wrote her car off a few years ago, insurance company offered x, which was well below value of car. She phoned ins company and explained and they told her to send in an advert for a similar age motor. She did that and they sent a cheque for the advert price that week. Might be worth asking your ins company |
This happened to me as well. I was offered about two thirds of the going rate for replacing my car with the same make & model, although all those for sale at the time were older and with higher mileage. The initial offer was increased by 10%, which I refused. The insurance company refused to offer more without proof, which I supplied with details of 3 cars for sale. The offer was increased to the same amount.
The moral is "don't take no for an answer". |  |
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| Legal/Insurance advice on 17:36 - Oct 8 with 2028 views | bluelagos |
| Legal/Insurance advice on 15:54 - Oct 8 by Fixed_It |
Yes. Hopefully it will be deemed Category N rather than Category S. The door opens which suggests it is structurally sound. But who knows? |
I had a difference of opinion with one of Suffolk's finest over a damaged car door. To be more exact I was driving a car without a door (long story) and pointed out when stopped that a door was not a legal requirement and indeed the only issue on an MOT is that a door can be opened from the outside.
Bit like indicators. You don't need to have them but if you do, they must work. | |
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| Legal/Insurance advice on 17:37 - Oct 8 with 2026 views | suffolkpoker |
| Legal/Insurance advice on 17:13 - Oct 8 by bluelagos |
You absolutely don't need to accept the first value offered. And if you can show adverts of similar aged / condition / mileage cars that will support your argument against a low offer. |
I own a vehicle hire firm and deal with loads of claims all the time.
I always do the folllowing:-
Get a trade and retail price off your vehicle.
Look for adverts and save them and photo the ads to prove value.
As a standard I get 25%+ of the first offer most times, with a little work
If you need a value off your car, PM me reg and mileage and I will screen shot for you tomorrow when I’m back in work |  |
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| Legal/Insurance advice on 18:10 - Oct 8 with 1989 views | GeoffSentence |
| Legal/Insurance advice on 16:03 - Oct 8 by factual_blue |
No, a TANK...
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That's not a tank.
Factual my @rse. |  |
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| Legal/Insurance advice on 18:11 - Oct 8 with 1989 views | Meadowlark |
Cannot help other than to state that car insurance (and most other insurance) is legally sanctioned robbery.
Had two claims over the years. Both no-fault. Both left me out of pocket and with higher premiums. I understand that there is no real alternative, but what a way to make a living!
I see also that insurance firms are now refusing to pay out on holidays, saying you must claim back through the credit card company. What a bunch of crooks. |  | | |
| (No subject) (n/t) on 18:36 - Oct 8 with 1967 views | suffolkpoker |
| Legal/Insurance advice on 17:13 - Oct 8 by bluelagos |
You absolutely don't need to accept the first value offered. And if you can show adverts of similar aged / condition / mileage cars that will support your argument against a low offer. |
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| Legal/Insurance advice on 18:39 - Oct 8 with 1960 views | factual_blue |
| Legal/Insurance advice on 18:10 - Oct 8 by GeoffSentence |
That's not a tank.
Factual my @rse. |
Get back to your pigeon fiddling.. | |
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| Legal/Insurance advice on 18:43 - Oct 8 with 1951 views | GeoffSentence |
| Legal/Insurance advice on 18:39 - Oct 8 by factual_blue |
Get back to your pigeon fiddling.. |
They've nicked a tennis ball now. | |
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| Legal/Insurance advice on 20:09 - Oct 8 with 1880 views | BloomBlue |
| Legal/Insurance advice on 15:50 - Oct 8 by Fixed_It |
I guess the difference is whether they offer market value or forecourt value. In other words, the difference between what I would be offered as a part exchange and what I would pay to buy it. Clearly to replace it we will need forecourt value. Insurance companies, in my experience, don't offer forecourt value. |
But the tort law covers that, it wasn't your fault and the tort law prevents you being financially worse off. Follow up with your insurance company legal dept and push them | | | |
| (No subject) (n/t) on 19:42 - Nov 6 with 1670 views | suffolkpoker |
| Legal/Insurance advice on 17:13 - Oct 8 by bluelagos |
You absolutely don't need to accept the first value offered. And if you can show adverts of similar aged / condition / mileage cars that will support your argument against a low offer. |
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