Devon TRF Group Forum

I have always been told that the value of the pay out, is based on what it costs to replace it like for like. When I was offered a grand less than what the car was worth, I refused the first and second offers, based on the fact that the amount offered, was not enough to replace like for like.

I was told that if i could prove this by sending them details of similar vehicles for sale, then they would pay out this amount. I did and it worked okay for me.

They will probably try with a silly offer. Stay calm & point out that you have the right to be put back in the position you were in before the 3rd party wrote your vehicle off.

Get copies of ads (E-bay/Autotrader) showing like for like vehicles if you can.

See link http://www.honestjohn.co.uk/faq/insurance-write-offs/

In brief

DAMAGE TO YOUR CAR: What are your rights if someone damages your car in an accident and their insurer attempts to write it off, compensating you with a derisory amount and refusing to keep you on the road in the meantime?

If the other party is judged to be wholly and negligently responsible for the damage than you are entitled to be put back where you were immediately before they did you the damage.

That means for your car to be repaired or replaced so it is of exactly the same quality as it was before the other party did you the damage. Or you are financially compensated to the replacement value of your car before it was damaged.

It also means you are entitled to an equivalent temporary replacement car either until your car is repaired or you receive a settlement figure allowing you to purchase a direct replacement.

The relevant case law is Clarke v/s Ardington in the Appeal Court, 19th April 2002, in which their Lordships said:

Sect 127 "A defendant who damages another's car should not be surprised to find that he will have to pay for a replacement car if it is needed by the claimant. A wrongdoer must take his victim as he finds him."

Sect. 148 "the fundamental principle is that a person whose car has been damaged is entitled to compensation for the loss caused. In a case where such loss includes loss of use and he establishes a need for a replacement, he is entitled to the cost of hiring a replacement car" 

So you will be ok, but may have to fight. 

 

they usually only pay the market value as stated in trade guides such as glasses guide and you will need to argue your case to get a better offer ... That's what I had to do when I was in your situation took ages aswell . Good luck

nickpdo wrote:

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Fowlersrs wrote:

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Who is the insurance company dealing with it on her behalf?

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 Provident.

Been looking at the various websites available, just awaiting the first offer......

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If its one of the Internet based insurers like swift cover you will have a fight on your hands, as if your claim does not fit into one of their computers boxes they don't know what to do. If you are insured with an Internet insurer get you own brief to to sort it out, don't let them fob you off with theirs as they are rubbish and work on commission from the insurer as to how much money they can save them, as I learnt to my cost If you are not happy with what they are proposing take out a county court summonse to the party who hit you, their insurers and your own insurers, that gets them to start talking sense, when all three suddenly reailise they may get ccj,s against them

My daughters car was sent to Exeway Coachworks after a rear shunt by Norwich Union. On collecting the car, immediately I was not happy with the repair and refused to accept it. So we kept their car and drove away!

This happened 3 times with them saying that I was being unreasonable and that there was no more that they could do! With this I asked that they bring the insurance assesor in. He met us at my daughters place of work and inspected the car.

He agreed with me that the repair was of poor quality and sent the car else where to be repaired. It came back in first class condition followed up with a phone call from the assesor to make sure that we were happy.

My point of this is: had I taken the car to a garage of my choice in the first place, I doubt that i'd have got the same backup!

Cheers for the feedback guys.

I spent my youth jigging cars at the old mans garage, so know a few corner cutting tricks.


Not really bothered about who repairs it, as I will be checked it over and visiting the work as it is done. My only concern is that I may not get the oportunity to have it repaired.

Bob Adams wrote:

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Who told you the investigator is neutral, he's being paid by the insurance company. If he spends to much of their money he'll be looking for work elsewhere.

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 I was meaning neutral in respect of the garage, yes he's paid by the insurance company but his job is to make sure that the work carried out is justified and probbaly also safe. He isn't paid to pressure garages into cutting corners, they have other people to do that.

I was rear ended on the M42 in a car I had only recently bought once.  The assessor offered less than I'd paid so I questioned it and faxed him a copy of the receipt and they paid the full purchase price.

Result!

After they finally worked out what a Bongo is, collection and repair has been offered.

And an apology for sending a letter out stating they were probably going to write it off.