No fault accident - car w/off - my rights

turnip69

Before Xmas my car was driven in to the side of, third party slid on the snow. The third party admitted fault. Car is still driveable.

Car has been estimated and my insurance company have declared that is a write off, beyond economical repair.

What are my rights, surely I should not be in a position where I am worse off. As the third party admitted liability, his insurance company should pay to return my car to the condition it was before the accident.

Any advice would be gratefully received.

Quentin

No. They won't do uneconomic repairs. But if you claim off the third party insurer they will give you the write off settlement and let you keep the car for next to nothing and you can repair it yourself if you prefer rather than get a replacement.

adamc260

turnip69 wrote: »

What are my rights, surely I should not be in a position where I am worse off.

You won't be, thats a principle of insurance 'Indemnity'. To be put back in the same financial position you enjoyed prior to the loss occurring.

If your car is uneconomical to repair though, they will pay you market value allowing you to replace it with another, or as above they will sell it back to you and give you a settlement to let you repair it (providing its safe to do so)

dogbot

Note that the above is true but that settlement will be market value less the salvage value, not the full cost of repair.

turnip69

Thanks for all your feedback.

So my options are:

1) Take the settlement offer and buy another vehicle

or

2) Take the settlement offer less the salvage value and retain the car for repair.

My question now is if I take option 2) what is the process for me getting the vehicle back on the road on what costs can I expect to incur?

adamc260

turnip69 wrote: »

Thanks for all your feedback.

So my options are:

1) Take the settlement offer and buy another vehicle

or

2) Take the settlement offer less the salvage value and retain the car for repair.

My question now is if I take option 2) what is the process for me getting the vehicle back on the road on what costs can I expect to incur?

Most insurers ask you to get a VIC Check + New Mot if cat C and your putting it back on the road.... and just a new MOT if Cat D. But you need to check with your individual insurer to check nothing else needs to be done

peejay77

1. If you buy another vehicle - do you have to get a new insurance or your existing insurance can be modified. Who pays for the difference?

Quentin

peejay77 wrote: »

1. If you buy another vehicle - do you have to get a new insurance or your existing insurance can be modified. Who pays for the difference?

Providing your new car is acceptable to your insurer you can just change over the car. If not acceptable you will need to cancel the policy and take out a new one elsewhere.

You will pay any increase in premium caused because you get a new car.

vaio

but remember some insurance policies end (full premium due) on a total loss pay out.

Yet another reason for claiming direct from the third party rather than your own company

evergreen

Even though the accident is not your fault, remember when you get insurance quotes in the next few years your quote will go up because of this incident even though your insurance company does not pay out and your no claims is not effected!!. Don't understand it myself.