car compensation for being written off

toml1984

Hi

I dont Know if anyone can help but i was wondering if i can claim compensation for my car being written off.

Long story short my car was written off parked outside my house, no-one was in the car at the time so there is no injury involved.

My car was hit by an unisured driver, he was eastern european and had only been in the country 3 weeks. He had used a family members car with out permission and smashed into my car, dumped the car and ran off. The police have court up with the man and i believe he is being prosecuted for a number of motoring offences.

My car still had finance and i owed £4500 on the car but due to the high millege i only recieved £3500 from my insurance company. Lucky i had GAP insurance to cover the short fall of the finance so the car was settled with that.

Promblem is i was left with nothing and have had to find money to buy another car, as i need a car for my job as i get a car allowance to have one.

Do i have a claim for compensation? and if so where would be best to go for this?

Any help would be appreciated

regards

tom:D

Hintza

I was initially thinking you were being a bit greedy, but on further reflection I see where you are coming from.

If you still had the car you would continue paying and still have the car as a deposit.

I suspect there is nothing much you can do. You have been paid the full value of the car.

How would you monetise your losses?

I will be interested in what the others think but I suspect you will just have to take it on the chin.

redux

So you've received the payouts for the car and the gap in the finance?

Are you asking about the lost no claims bonus, or is there some kind of recovery scheme when it's an uninsured driver?

I'm not sure what other compensation you hope for.

Yes, you're going to have to fork out for another car, but that's because mainly there was no equity margin in that one. Can you take out another loan?

cajef

Cannot quite see who you can claim compensation from, you could sue the Eastern European but probably a waste of time as no doubt he will not have any money or anything of any value.

Lum

Your car was on finance, you would need to get another car (new or used) on a similar finance deal and then you will be back where you started.

Also, FWIW if the car was being driven by the foreign driver without permission then it was a stolen car that hit you, not an uninsured one. Your insurance should seek to recover from the insurance that was actually on that car, not go through the MIB, as insurers do pay out for damage that is done while the car they insure is stolen.

Buellguy

I'm with Hintza on this, but Lum has a good point, maybe you could try and go for a courtesy vehicle, paid for by the insurers of the other car, until you find a replacement, bearing in mind that the angle to use would be that a car is key to your job

Sgt_Pepper_2

Buellguy wrote: »

I'm with Hintza on this, but Lum has a good point, maybe you could try and go for a courtesy vehicle, paid for by the insurers of the other car, until you find a replacement, bearing in mind that the angle to use would be that a car is key to your job

The car is a total loss and insurance have paid out so no chance of that happening.

Sgt_Pepper_2

Lum wrote: »

Your car was on finance, you would need to get another car (new or used) on a similar finance deal and then you will be back where you started.

Also, FWIW if the car was being driven by the foreign driver without permission then it was a stolen car that hit you, not an uninsured one. Your insurance should seek to recover from the insurance that was actually on that car, not go through the MIB, as insurers do pay out for damage that is done while the car they insure is stolen.

No chance of the mib being involve as an insurance company have paid out.

vaio

Lum wrote: »

Your car was on finance, you would need to get another car (new or used) on a similar finance deal and then you will be back where you started.

Also, FWIW if the car was being driven by the foreign driver without permission then it was a stolen car that hit you, not an uninsured one. Your insurance should seek to recover from the insurance that was actually on that car, not go through the MIB, as insurers do pay out for damage that is done while the car they insure is stolen.

Lum's right.....

If the car that hit you had any insurance on it, even if it didn't cover the driver then your insurer can reclaim their costs from whichever insurer issued the policy on the other car. Similarly, you can also claim any uninsured consequential costs from them. End result is you don't lose NCB or excess and *only* end up with a non fault claim on your record as all costs will be recovered from the RTA insurer

If the other car wasn't covered by any policy then you could have gone direct to the MIB for everything (and still can for any uninsured consequential costs) although your insurance company can't reclaim their costs from the MIB so you are still going to end up with a fault claim on your record plus loss of NCB.

Lum

Just to clarify my point, in the light of the next few responses. I was not suggesting that the MIB will pay out, they will not, it is a dead end.

However as the owners of the car have stated on record that they did not give permission for the foreigner to drive the car, that automatically means that the car was TWOCced, or in laymans terms, it was stolen.

Under the road traffic act, the owners of the car (and by extension, their insurers) are liable for any damage done while the car was stolen, an extreme example of this can be found in this Daily Mail article.

So you can at least get your NCB back, not sure how much luck you will have with a hire car, by making sure that your insurance are aware of this and seek to reclaim their costs from the insurers of the stolen car.

vaio

As above, if there is an RTA insurer then they will pay everything, if there isn't an RTA insurer then MIB won't repay OP's insurer for their costs but the OP personally can make an MIB claim for any uninsured consequential costs