Garage wrote my car off! :(

Wh05apk

Nodding_Donkey wrote: »

Of course you can. The garage have to put you back to the same position you were in before they wrecked it.

So if the car was stolen, and broken down for parts, they have to trace the car and parts, get them back, and re-assemble it?

atrixblue.-MFR-.

Nodding_Donkey wrote: »

Of course you can. The garage have to put you back to the same position you were in before they wrecked it.

:rotfl::T brightened my day that has.

JustinR1979

Prothet_of_Doom wrote: »

In my 3 write offs all my fault,

What part of the country are you located?

InsideInsurance

JustinR1979 wrote: »

What part of the country are you located?

Are you scared for your car or are finances looking a bit tight and some whiplash could help settle the bills?

JustinR1979

InsideInsurance wrote: »

Are you scared for your car or are finances looking a bit tight and some whiplash could help settle the bills?

Sod the car, it's not an M3 - I'm scared for me!

TrickyWicky

InsideInsurance wrote: »

Technically but the garage will pass everything to their insurers to deal with and so in practice its them the OP will be dealing with and they arent intimidated by idle threats of court, in fact they can often can become a loss less helpful

Depends if the garage have admitted liability (which in this case they can't deny). If you're claiming off your own insurance then yes they can be difficult. When its a 3rd partys insurers, they have a legal obligation to payout - they cannot refuse it. If the claimant has invoices for repairs etc then they must cover their client and pay them or else the claimant can take their client to court (in this case the garage) be awarded the full damages and then the insurers are forced to payout.

I happen to have had this advice from two people working in the insurance trade

nobbysn*ts

InsideInsurance wrote: »

In any one day do you have any idea how many court cases insurers are involved in? Do you think one more small claim court case will make the slightest bit of difference to them?

Play above your weight and you may well find part 36 offers coming through which you dont have a clue what they mean and close you down a lot quicker than just being sensible would be.

Assuming you dont claim for a hire car or alternative transport and dont have a courtesy car then you can indeed claim for loss of use up until 5 days after receiving payment. In my day the going rate was 10 quid a day, I guess that may have gone up to 15 by now, certainly not 30 and again being stupid risks them simply offering nothing and calling your bluff

First rule of a 'Part 36' offer.

'Be a genuine offer to settle'

If instead you want to use it to scare off a genuine claimant, and 'offering nothing' (and possibly from your user name, you have done), you break the first rule, and it'll probably cost you even more.

Nodding_Donkey

LandyAndy wrote: »

No you can't.

Why is that then? You are not obliged to accept a write off offer from a third party insurer. You usually are from your own insurer because it is in the t&cs of the contract you have with them.

harveybobbles

Has the OP been to see the damage?

Gavin83

dave22 wrote: »

2. I left my car in their safe custody, and I'm now in this situation. Is it reasonable to expect them to show some goodwill for stress, inconvenience, and the fact that if I replace the car like for like - I may end up with an eight year old car with a load of problems. If I was going to change my car now - which I wasn't - it would have been for a later model. I now have to lurch into the unknown.

Stress no, don't be silly.

How old was your car? If it was 8 years old then you should expect enough to buy an 8 year old model. It's unreasonable to expect them to replace your old car with a better version.

As for inconvenience you could probably charge them for the use of a hire car or public transport. What kind of costs are you incurring by not having use of the vehicle?

I wouldn't expect to be out of pocket though and don't accept an unreasonable offer from the insurers.

Nodding_Donkey wrote: »

Why is that then? You are not obliged to accept a write off offer from a third party insurer. You usually are from your own insurer because it is in the t&cs of the contract you have with them.

No your not but if you can't agree on a settlement what then? It'll go to court and the judge won't be best pleased if you'd already been offered a good settlement.

You can't insist they repair the car.