Cat C write off or demand repair?

taylor21_2

Morning Ladies and Gents

I hope that you are able to help.

I read a post on here by Marky Mark refering to advice given by Honest johns website stating that a 3rd party insurer can not insist upon a cat c write off and that I can insist my car is repaired regardless of the cost.
Is this correct and where can I find further info?(post mentioned is below)

Here is the problem

vehicle 1 was parked legally with no occupant
vehicle 2 parked no occupants and either the handbrake failed or it wasn't on in the first place

The result - Vehicle 1 (the one I am concerned with) damaged. Not majorly, it has been checked and it is cosmetic - back bumper and panel.
Have been informed by the garage it may be cat c write off today as the bumper itself isn't cheap due to make and model of the car etc

The car is completely drivable, and safe and besides this slight damage you wouldn't know anything had happened.

Can they insist on a cat c write off or can I insist on it being repaired regardless of the cost (which incidentally isn't more than the cars value)
The insurers of Vehicle 1 state they have never heard of what I have stated above.

Any help asap would be brilliant as the assessor is coming today

Kind regards

raskazz

Short answer: You cannot force them to repair the vehicle unless it is unique or irreplaceable.

taylor21_2

Ok Thank you.

So have you any idea where Markymark was coming from with his advice? I have seen it in other places on the net too, just struggling to get detailed info to allow me to ascertain what rights we may have.

It seems such a shame when the damage is minimal and cosmetic to write off a vehicle that is otherwise in excellent condition.

iamana1ias

You could let them write it off, use some of the payout to buy the car back off them and the rest to get it repaired. Not sure if cat cs need a test to get them back on the road or not, but it's worth discussing if the insurer won't budge.

taylor21_2

iamana1ias wrote: »

You could let them write it off, use some of the payout to buy the car back off them and the rest to get it repaired. Not sure if cat cs need a test to get them back on the road or not, but it's worth discussing if the insurer won't budge.

Thanks
Would like to avoid it being written off if at all possible due to resale value in the future being effected and also having no vehicle while it is sorted out( at the mo they have supplied a hire car)

Its so frustrating when is a clear cut 0% blame and the vehicle wasn't even occupied.

taylor21_2

This is the post I am talking about, if it helps -
markymarkD
''Honest John (referred to earlier) always advises in these circumstances that a third party's insurers have no ability to write off your car. You are entitled to have your car repaired to its original condition, at the third party insurer's expense, irrespective of cost - and irrespective of whether they consider it economically viable. You shouldn't lose out as a result of a non-fault accident where the third party is not disputing liability.''

http://forums.moneysavingexpert.com/showthread.html?t=27348

dacouch

I like Honest John and read his Telegraph articles, however he does make the odd error when it comes to insurance, for instance he often gets the rules on driving other cars and what a motortrade policy covers incorrect. As he publishes the advice people take it as gospel.

As Razkazz has pointed out his advice that you can insist the other Insurer repair the car irrespective of the cost is not strictly true. If it went to a court (Which is how litmus test) they would work on the basis that providing the costs were reasonable then you could insist on it being repaired. However you have a duty to mitigate your losses so if the car was worth say £2000 and the repairs cost say £3000 the court MIGHT say it's not reasonable to repair the car due to the excessive costs.

As Razkazz has pointed out there are exceptions, if say the car in question was a very rare car the court MIGHT take this into account and allow a much higher proportion of repair costs to replacement costs.

Are you aware that you can often make money if your car is written off and you keep the salvage. This is because you can probably get the car repaired for a much lower cost than the Insurer can, so you can pocket the difference.

JunkyardBob

what you can see if they are willing to do, and i have seen instances of insurers doing this.

Agreeing a cash settlement for the vehicle without inspecting it, therefore dont need to register it as a total loss.

Seen instances were engineers agree cash settlements aslong as the vehicle is safe to drive (eg no metalwork out of place and likely to impale a ped)