Accident Damage Repair

EauRouge

The day before yesterday, a lady reversed out of her drive and into the corner of my car whilst she waved to her children. Did a little bit of damage, got her details and there's no real way she can deny fault, so claiming won't be an issue.

The damage means the car requires a new bumper, indicator mounting, wing panel and, having got a quote, it totals £600. The car is relatively old and despite probably realistically being worth about £1200 going by similar models on Autotrader (age, condition, very low miles, well-kept), an insurer's price book would probably say it's only worth £400 or so. It also has some sentimental value. Assuming the value is only £400 in the eyes of an insurer, it's possibly beyond economical repair.

What I want is a repair, rather than a cash settlement. As it was not my fault, can I legally insist on a repair?

My alternative was suggested by the repair centre which quoted me - they suggested they could take care of everything for me (do the repair, get me a courtesy car, charge the woman's insurance company) without going through my own insurers. They're not cowboys (been there 35 years, always been excellent service, family-owned, local company), but I'm always wary of this sort of offer. Would it simply be the case that they repair the car and bill the woman's insurers, and once the repair is done there's not a lot anyone can do about it, so the insurers have to pay? I imagine they do this to ensure they get the work rather than another garage.

Obviously I could just do it through my own insurance, but the main issue is that I want this repairing, not a cash settlement and a write-off. Can anyone offer any advice?

neilmcl

The costs would be via her insurers anyway, if it's shown she's at fault, your insurer will only need to know at renewal time that an accident has occured.

There's essentially two ways your dealer would do this, firstly they'll contact the third-party insurer with an esitmate and wait for their agreement before commencing any repairs, or secondly, and probably more likely what they're offering, is to sign you up to a credit-hire agreement where they repair your car upfront and hire you a replacement vehicle all under credit terms and then charge her insurer once its complete.

Be aware that ultimately you will be responsible for all charges under the credit agreement so if the third-party insurers refuses to pay up you may be left with a large bill to pay, although this is still fairly rare and most insurers pay up.

EauRouge

neilmcl wrote: »

The costs would be via her insurers anyway, if it's shown she's at fault, your insurer will only need to know at renewal time that an accident has occured.

There's essentially two ways your dealer would do this, firstly they'll contact the third-party insurer with an esitmate and wait for their agreement before commencing any repairs, or secondly, and probably more likely what they're offering, is to sign you up to a credit-hire agreement where they repair your car upfront and hire you a replacement vehicle all under credit terms and then charge her insurer once its complete.

Be aware that ultimately you will be responsible for all charges under the credit agreement so if the third-party insurers refuses to pay up you may be left with a large bill to pay, although this is still fairly rare and most insurers pay up.

Thanks

What reasons would her insurers refuse to pay? Would it be purely on a fault basis, or could they refuse as the repair is worth more than the car?

neilmcl

EauRouge wrote: »

Thanks

What reasons would her insurers refuse to pay? Would it be purely on a fault basis, or could they refuse as the repair is worth more than the car?

The credit hire company would decide if you have a good case for a no fault claim and they would contact the third-party insurers to confirm and proceed on that basis. The insurer's may refuse to pay, particularly for the car hire, if they believe the costs are excessive. There's a principle in law stating that you must mitigate your losses and as these credit hire/accident management companies tend to increase the claim to make a profit it has been argued that this isn't being done. Like I said it's rare that this happens but you would be responsible for some of the costs if the insurer fails to pay up.

00ec25

thread hijacker here!

sorry but I'm not clear on whether you can or cannot force the other party's insurer to pay for repairs where it is allegedly beyond economic repair. My car is mechanically sound and I want to keep it and do not want to have to insure my car as a writen off class C/D? next year.

in my case the third party has already acknowledged fault and her insurers got me to take my car to their "engineer" so a report could be done. All I have is a cracked plastic bumper but the "engineer" says the rear body panel has been deformed as well (it isn't!, she hit at 5mph in stationary traffic) and that the car was beyond economic repair. He also said that even if the metal work was ignored then just the cost of a new bumper and associated painting would be above my car's value. My own insurer says if I claim under my poilcy and seek to recover from her then my own insurer will not allow repairs and will only pay out as a total loss, so I have not progressed a claim under my own policy since the other company has accepted liability.

the reason for my rant is that 3 years ago the same thing happened and it was repaired then by that third party insurer without any fuss. I realise my car is now 3 years older so worth less, but I want a replacement for my bumper (which was only 3 years old and perfectly good), not a cash settlement.

emmell

If the insurance write it off you may be able to buy your car as salvage, they will just adjust the payment. My nephews Focus was written off about six years ago, he opted for a lower payment and kept the car, he then had the car repaired with the money and still has the car now.
ML.