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HRC99
HRC99 Posts: 25 Forumite
I've got an S reg Honda Civic that has done me proud for quite some time.

Yesterday, it was parked outside my house and someone fails to turn the corner and ploughed into mine. Utterly his fault.

His insurers were on to me very fast, offering a hire car and asking me to take it in to their local repair place.

It's gone in and the guy was making noises about it not being economic to repair. I've never been in this situation before and am rather worried. The car isn't necessarily worth a lot but is to me as its a great car, cheap to run, cheap to insure, low cost to maintain and I would cost me quite a bit to replace it.

Just after some advice on where I stand if they do come back and say its not economic to repair.

Thanks
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Comments

  • DUTR
    DUTR Posts: 12,958 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    They will offer you around the market value, you may get a few hundred more, but sadly it is one of those unfortunate things :(
  • notanewuser
    notanewuser Posts: 8,499 Forumite
    HRC99 wrote: »
    I've got an S reg Honda Civic that has done me proud for quite some time.

    Yesterday, it was parked outside my house and someone fails to turn the corner and ploughed into mine. Utterly his fault.

    His insurers were on to me very fast, offering a hire car and asking me to take it in to their local repair place.

    It's gone in and the guy was making noises about it not being economic to repair. I've never been in this situation before and am rather worried. The car isn't necessarily worth a lot but is to me as its a great car, cheap to run, cheap to insure, low cost to maintain and I would cost me quite a bit to replace it.

    Just after some advice on where I stand if they do come back and say its not economic to repair.

    Thanks

    What are the repair value and car value?

    You are entitled to be put back to the same position you were in before the incident. You can demand that they repair it rather than write off (have done it myself) but its quite long winded. You have to reject the offer and make it clear that the car is not to be scrapped. If they refuse to repair, then you can threaten the third party individual with legal action. This will be passed to the insurer and just increases their costs. Where liability is so certain, most won't defend, so you'll win by default. Failure to pay up within 14 days and you can get bailiffs out.
    Trying to be a man is a waste of a woman
  • Quietmanc
    Quietmanc Posts: 313 Forumite
    Someone I know had an '04 peugeot 406 written off as an uneconomical repair.It needed a front wing and 2 door skins as a result of a no fault(on his part) accident.If your car was in good pre accident condition,don't take the first offer.Recently serviced,new tyres etc.You may get a slightly better settlement but sadly nothing like what that car was worth to you.
  • HRC99
    HRC99 Posts: 25 Forumite
    What are the repair value and car value?

    You are entitled to be put back to the same position you were in before the incident. You can demand that they repair it rather than write off (have done it myself) but its quite long winded. You have to reject the offer and make it clear that the car is not to be scrapped. If they refuse to repair, then you can threaten the third party individual with legal action. This will be passed to the insurer and just increases their costs. Where liability is so certain, most won't defend, so you'll win by default. Failure to pay up within 14 days and you can get bailiffs out.

    I'm still waiting to hear from the over the cost of the repairs. As to the value? Looking on Autotrader, it would cost £700-800 to replace from a dealer.

    From what you're saying, as he's at fault and from my perspective, I should be no worse off than I was before he hit my car?
  • notanewuser
    notanewuser Posts: 8,499 Forumite
    HRC99 wrote: »
    I'm still waiting to hear from the over the cost of the repairs. As to the value? Looking on Autotrader, it would cost £700-800 to replace from a dealer.

    From what you're saying, as he's at fault and from my perspective, I should be no worse off than I was before he hit my car?

    Absolutely, but you may have a fight on your hands. You could always see whether the TP insurers will repair using second hand parts to reduce the bill.
    Trying to be a man is a waste of a woman
  • vaio
    vaio Posts: 12,287 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    HRC99 wrote: »
    I'm still waiting to hear from the over the cost of the repairs. As to the value? Looking on Autotrader, it would cost £700-800 to replace from a dealer.

    From what you're saying, as he's at fault and from my perspective, I should be no worse off than I was before he hit my car?

    yep, you should end up no worse off, but don't get carried away with the idea that you can "force" them to repair, you can't force them to repair if the costs outweigh the value in which case they will give you cash to replace it.
  • notanewuser
    notanewuser Posts: 8,499 Forumite
    vaio wrote: »
    yep, you should end up no worse off, but don't get carried away with the idea that you can "force" them to repair, you can't force them to repair if the costs outweigh the value in which case they will give you cash to replace it.

    Tosh!!!

    I did it last week with a 10 year old ford focus!!! Just the threat of legal action had the £1700 repair bill agreed (against car value of £1500).
    Trying to be a man is a waste of a woman
  • HRC99
    HRC99 Posts: 25 Forumite
    vaio wrote: »
    yep, you should end up no worse off, but don't get carried away with the idea that you can "force" them to repair, you can't force them to repair if the costs outweigh the value in which case they will give you cash to replace it.

    Surely (and this may be idealistic), but he - through his insurer - are liable for any loss I incur as a result or his action?

    I appreciate it might be different with my insurer if I was at fault.
  • vaio
    vaio Posts: 12,287 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Nothing wrong with being idealistic and generally you are right but there is also a duty on you to mitigate your costs and so you'd get no where demanding say a £3k repair on a car that could be replaced for £1k

    What sort of damage has your car suffered?
  • Take the payout, but not the first offer, bully them for more. Then ask to buy the car back off them (it will be cheap). Get it repaired yourself.
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