Car insurance write off

yeoldecrier

If your claim is against the others insurance, then their insurance company cannot write your car off, unless you agree to let them.
My daughters 1996 VW Polo was reversed into which required a new rear panel, on a three door car its a major job. The value of the car was about £700 (forecourt price) and the cost to replace the panel and match spray it plus the cost of a hire car was over £1500 but the other persons insurance had to pay for the repair. They did object but it was not one of their customers cars and therefore could not write it off.


JAmes

Aretnap

yeoldecrier wrote: »

If your claim is against the others insurance, then their insurance company cannot write your car off, unless you agree to let them.
My daughters 1996 VW Polo was reversed into which required a new rear panel, on a three door car its a major job. The value of the car was about £700 (forecourt price) and the cost to replace the panel and match spray it plus the cost of a hire car was over £1500 but the other persons insurance had to pay for the repair. They did object but it was not one of their customers cars and therefore could not write it off.

Not this again!

if the cost of repairs exceeds the value of your car the third party insurer has no duty to pay for them and their liability for the damage is limited to the value of your car. Darbishire v Warren (1963) goes into this - it's been settled law for over 50 years.

Separately to that, if you can demonstrate a need for a hire car they have a duty to provide one for a reasonable period of time while you source a replacement car - so they'd be on the hook for hire car costs whether they repair it or write it off.

Obviously to an extent it's a matter of negotiation and if the repair cost is not too much greater than the market value and if you make enough of a nuisance of yourself it's always possible that they'll pay for the repairs for the sake of an easy life, but the idea that you can force them to repair your car regardless of cost is an urban myth with no basis in reality.

Jordan09

Hi
My car was involved in a road accident, the car is on finance & I still owe 4 years worth of payments on it. My insurance have said that they won't be fixing the car & offered me £4000, the garage fixing it quoted them 3000 to fix it. It would save me a load of hassle with the finance company & having to find a new car if it was repaired. Can this be done / what's the next best move .

Thanks

dacouch

Do you not have GAP insurance with the loan?