Car crash in East Dulwich Grove.........

[caliente]

edited

[Narnia]

Some year's ago my wife wrote off our car. What I can remember is that firstly the insurers requested confirmation that it was a write off by having it taken to a local garage. They advised which garage. Once it's status as a write off had been confirmed the insurers made an offer. I remember being able to haggle somewhat by stating it was kept in very good condition and was worth more. Regarding the courtesy car, you would need to check your policy as it may or may not be included. I don't think distress or inconvenience caused to you comes into the equation.

[caliente]

Ok thanks C

[brum]

If it's likely the car is a write off, the insurers may not provide a courtesy car for you, even if your cover includes it. Call them and they should help you on this. This happened when my mums car was written off last year. You may however be able to hire a car until you get a replacement and claim back the costs from the other person's insurance company as this accident was clearly not your fault!

[DaveR]

If the other driver is insured, and it is accepted by his insurance co. that he was at fault (sounds likely) his insurance will pay under his third party liability cover. The extent of your claim against them is not dependent on the terms of your own insurance cover, so, for example, whether your policy includes a courtesy car or not shouldn't matter - it is a 'cost' to you of the other driver's negligence and you are entitled to recover it.

Can I argue that I need enough compensation to buy a similar car, rather than accepting the 'list price'?

Yes - that is the 'cost' to you.

And do they take any account of the distress and inconvenience in the assessment??

No, but on the facts as you describe I would expect them to be quite keen to settle liability quickly, which might give you some room to haggle.

Right now you need to inform your insurance company, giving them as much detail as possible. Get the details of the other car and driver and tell your insurers. I would expect the other driver's insurers to contact you soon.

[ruffers]

Start getting receipts and keeping them for all costs incurred as well, eg fares.

[felt-tip]

A similar thing happened to me a few years ago. A post office van crashed into my car while it was parkedon the road. I contacted the post office's insurers (driver left the details) and they arranged for me to have a very nice courtesy car for a few weeks and they valued my vehicle (prior to crash!) while I had the courtesy car. They valued it at a bit less than it was actually worth (which wasnt much) and I took the money and bought a new one. I think you could probably claim (if you are fully comp) on your own insurance - less excess - for the difference between what their insurance company values your car at and what its worth - or let them argue it out.

That is if the driver was insured. Otherwise you'll have to claim on your own insurance (if you are fully comp) less excess.

Or go through some scheme that pays out on behalf of uninsured drivers. Cant remember what its called but its a pot of money that all insurers pay into to.

[Mick Mac]

And check the policy. If you don't have it, ask them to send a copy to you.

[Loz]

If it was from 2000 or later, check Parker's Guide - it'll give you an idea how much it was worth and what you should realistically be haggling for.

[DJKillaQueen]

The Motor Insurer's Bureau is the body that settles the claims of unisured drivers.

Your own insurers are most likely only to pay out what they think your car is worth (which for a ten year old car won't be much) because the price you pay for your insurance is linked to the value of the car. New cars cost more to insure than older ones. Some policies list a value that the car is agreed to be worth, so check your policy to see if it lists an insured value for the car. My policy lists the value of my old car to be ?750 for example, so I would not expect to be paid anymore than that if the car were to be written off or stolen. If I wanted a higher payout I would expect to have to buy more expensive insurance. If your policy does list a value for the car, they are not obliged to pay more than that but should pay at least that and if you've been a cunstomer for a long time you should be able to negotiate something in return for your continued custom.

You almost certainly should be able to claim some damages for 'out of pocket' expenses from the other drivers policy. Hire of car could be considered to be a legitimate claim. But they will apply the same model when determining the value of your car and are not obliged to pay above what it's worth. As you were not in the car at the time or suffered any direct injury then you are unlikely to be successful with any claim for personal stress or inconvenience.

Unfortunately these kind of accidents happen and the key is to make sure you have the level of insurance needed if your car is involved in an accident that results in the loss of the car.

[DaveR]

Just to be clear - if you are the victim of the negligence of another driver, that driver is liable for the loss that he/she causes. Compulsory third party liability insurance means that the insurers of that other driver pick up the tab. If that is the basis on which you are compensated, the particular terms of your own insurance policy are irrelevant.

The damages payable if the car is a write-off should be the replacement cost, like-for-like. Have a look at auto trader, find a car that is as similar to yours as possible (make, model, age, mileage, spec), and the cost of buying that car is the figure you should be asking for.

[kenty26]

I had someone crash into my discovery when it was parked on the road. It is also an old car with very few miles on the clock so my only advice is to make sure that the insurers know about the low milage. For me it made the difference between the car being a write off and the insurers paying for the car to be fixed so it does affect the value!

You may have to push for them to send a man round to inspect the car as they usually just look at its age and make their judgement on that. Even when the man went to my garage, if the garage owner hadn't made a point of telling him about the low milage he wouldn't have looked at the dash at all. The thing is that the insurers only want to pay the absolute minimum if they can, so make sure you keep a good record of everything that goes on i.e. who you spoke to (incl last names!) and what was said on phone calls, notices from the police, photo record if you possible can etc.. If at the end the insurers start messing around with talk of "knock for knock" (believe it or not I had this!) then you have a good record and can threaten going to court. (I wouldn't actually go to court as it's not worth the hassle and waste of your time, but they usually give in if you stand your ground!)

Good luck.

[SteveT]

Buy a bike until the payout arrives....

[DJKillaQueen]

DaveR Wrote:

-------------------------------------------------------

> The damages payable if the car is a write-off

> should be the replacement cost, like-for-like.

> Have a look at auto trader, find a car that is as

> similar to yours as possible (make, model, age,

> mileage, spec), and the cost of buying that car is

> the figure you should be asking for.

You know as well as I do that the insurance company will do their own 'research' and decide what they think is a reasonable sum to pay. And most claimants find that insurance companies don't pay out what they need. So Cal is right to be cautious. But mileage is a good point and the thing that will show mileage of course is the MOT certificate. So dig that out Cal as proof to the other insurer of the mileage of your car.

[DaveR]

DJKQ, the point I was making is that there is a substantial difference between making a contractual claim (on your own insurance policy) and a tort claim (the negligence of another driver, paid for by his/her insurance), and insurance companies know that. In the latter case you are in a much stronger position, and should push hard for the full replacement cost and any expenses that you can evidence.

[Jeremy]

My last car was a write-off... I printed out dealerships' listings for cars of similar spec/age, sent it to the insurance company, and they gave me exactly the sum I asked for.

Quite surprising really.

[ruffers]

Couple of basic things here..

Have you got legal cover with your insurance? If so get on to them. You may also have this if you have a "Plus" type current account so check that, it's easier to get them working for you even if you probably have to chase them all the time.

What type of insurance do you have? If third party then you'll be claiming off the other guy, if comp I'm not sure.

I'm still not clear about the status of the other car and driver. I fear it was stolen and uninsured from the description of the incident in which case it will be the Motor Insurer's Bureau as described previously.

Basic rule though is to bear in mind that the insurers want to pay out the minimum they can get away with, they're there for profit. Ramping up claims gets on my nerves, in the long run no one wins, but do make sure you get what you're entitled to by getting evidence of costs as suggested earlier. And never, ever, accept the first offer. If it will cost you ?x to get a car of the same type age and mileage, get evidence of that, and don't acccept ?y. The first offer from them is an opening to a negotiation, good luck.

[caliente]

Thanks

C

[DJKillaQueen]

And refer to the mileage on your MOT certificates too as proof that it was used for low mileage. They may wait for the verdict of any criminal prosecution before admitting liability (so as not to prejudice their clients case) but at least they have given you a courtesy car while it goes through due process. Frustrating yes, but you do have a vehicle to keep you going whilst it all sorts itself out and it sounds as though your insurers are doing what they are paid to do :)