Drunk driver crashed into my car today

surbitonian

Use your insurance - no question. The husband might offer cash now but could easily pull out later. Let the insurance company do the battle.

huckster

Johno100 wrote: »

If the courts can only deal with current losses and not future unknowns, then why do we hear of multi million pound PI settlements for the future care of the injured party? Yes payments of this nature are usually structured and paid annually, but equally the victim could die next week. So I can't see why the courts can't make a similar award for consquential losses such as a rise in insurance premiums.

Alternatively couldn't someone bring a claim against the at fault 3rd party at a latter date when the increased costs have been quantified and paid?

There is case law and a process for dealing with PI claims, where they look at likely future costs. E.g someone may have lost both legs. Based on current costs of someone without legs and a persons situation, a court can help parties come to a settlement.

Trying to get a court to look at consequential losses for increased future Insurance costs would be difficult. From what i have heard, these are just not accepted.

gemmylouise

Update - my insurance company have sent me an email to say that they have declared the car a total loss. It says they will contact me regarding a settlement price. I am really worried I am not going to be offered enough money to buy the same spec BMW. My car was 2005 BMW one series with 140k on the clock.

I knew they would deduct the excess £350 and I would claim this back of the other party but I'm shocked to also read they deduct the full years insurance. I was paying £50 a month and I'm only about 3 months into this policy so that sounds like another huge sack deducted. It seems so unfair that I am potentially going to be out of pocket for an accident that was not my fault.

Are insurance companies known for offering less than the market value? Are their any good websites I can refer to if they give me what I consider a low offer?

Thanks for the advice

rs65

gemmylouise wrote: »

I knew they would deduct the excess £350 and I would claim this back of the other party but I'm shocked to also read they deduct the full years insurance. I was paying £50 a month and I'm only about 3 months into this policy so that sounds like another huge sack deducted. It seems so unfair that I am potentially going to be out of pocket for an accident that was not my fault.

You will be allowed to switch the policy to your new car and won't have instalments to pay for 9 months.

The FOS has a guide on total loss settlements

http://www.financial-ombudsman.org.uk/publications/technical_notes/motor-valuation.html

chanz4

Even if going to court, you can still use the third party to settle private. The court are intrested in the drunk driving part, trust me they wont care about your car