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. | |