If car is written off for economic reasons, can I sue the woman who crashed into it?

fraja

Brief outline:

Our properly parked car was hit by someone who either didn't realise she'd done it or didn't care - either way, she didn't leave a note.

We managed to find her and have her insurance details (I think the former is most likely and she didn't realise she'd done it; she's elderly and other background stuff suggests she shouldn't be driving - anyway).

The car's gone to be assessed.

It's just over a decade old, low mileage, passes its MOT, it's been serviced regularly, etc - it's been well looked after and is a really good car.

But it may well be too expensive to repair, because its book value is about £800.

So, if it's written off, is that it? We are left without a car (we have two young children and we need a car for business as well as pleasure reasons - really rather more so at the moment for all sorts of reasons) and with a cheque for an amount that is nothing like enough to replace it? Is there anything we can do?

Thank you in advance for any replies - much appreciated.

1jim

do you have uninsured loss recovery as an addon to your insurance?

fraja

Ooh, I have no idea.

I will check. What does that mean if we do/don't, please?

vaio

The basic principle is you’ll be put back in the position you were in before the accident so the payout should be enough to get a similar replacement car from a retail garage.

In practice, the offer will be based on a run of the mill replacement so if there was anything special about your car that made it more valuable then document it so you can argue your case.

As there doesn’t seem to be an issue with liability you are probably best dealing direct with the third party insurance company as you rights against them in terms of things like hire cars etc are almost certainly better than the ones you’ll get from your own insurance company. Also there will be no excess etc to pay and your insurance will continue as normal.

s_b

do as 1jim suggests because these will get you a more substantial return for your car if it is unrepairable,this assumes your car is better than average with documented service history etc
as vaio says too
remember it wasnt your fault,all you are asking is to be put back into a position you were before the crash

Strider590

fraja wrote: »

Brief outline:

Our properly parked car was hit by someone who either didn't realise she'd done it or didn't care - either way, she didn't leave a note.

We managed to find her and have her insurance details (I think the former is most likely and she didn't realise she'd done it; she's elderly and other background stuff suggests she shouldn't be driving - anyway).

Mine was hit on a Tesco's car park last year by an elderly gent who also should not have been driving and certainly should not have been driving something as big a 2008 Toyota Avensis. Cheeky sod drove off after failing to park, went all the way around the car park and eventually parked opposite me at a nice 45 degree angle to the other cars.

Luckily a witness left a note, but the old buggar still contested it and dragged it out for nearly 6 months.

Unfortunately in your case, I don't think there's a lot you can do... If your claim versus the other driver was successful you can chase for costs and loss of earnings etc, but I think this has to be done through your insurers legal people at the time of the claim. Maybe?

fraja

Thank you very much indeed - I was in a bit of a state about this this morning and you've helped me calm down and realise that it might not be the end of the world #dramaqueen

Really appreciate it

rev_henry

Who is assessing the car? Your insurance or 3rd party insurance? As said, I'd suggest you go direct to 3rd party, and also ask them for a courtesy car. Thus even if you don't have guaranteed courtesy car or whatever on your insurance the 3rd party insurance will provide...

s_b

rev_henry wrote: »

Who is assessing the car? Your insurance or 3rd party insurance? As said, I'd suggest you go direct to 3rd party, and also ask them for a courtesy car. Thus even if you don't have guaranteed courtesy car or whatever on your insurance the 3rd party insurance will provide...

i wouldnt push for a courtesy car until its clear that the other person can be held to blame

cheekychappy

How bad is the damage? If it could be fixed with a couple of doors from a breakers per se, let the insurance write it off and then buy it back and fix it cheaply with the payout.

SteveJW

Unless things have changed recently, as you are claiming off the third party, their insurers have no right to take your car.

If they are held to blame and they class the car as beyond economical repair, they will make you an offer for your car, this will be reduced by an amount to be agreed if you wish to keep the car

As previously stated get it repaired with second hand parts

Look in papers etc for similar models of the same age, this will help you to query any valuation the third party insurers put on the vehicle.

I had a similar case a few years ago, I did write to the third party insurers making my claim, I also told them that I had intended to use my car for a journey to the airport in a weeks time (120 miles) holiday, and that I would be looking for them to cover the cost of alternative arrangements.

They eventualy paid out for the car, the cost of alternative travel to and from the airport and I kept the car