Car Written Off - What To Do?

pinkpauline34

While on holiday in South West Scotland, my family and I were travelling on a country road in good driving conditions. My husband was driving my car. As we were unsure of our bearings, we saw a cottage with a large driveway and decided to pull over to check we were on the right road. There was a car speeding behind us, driving very close. My husband indicated in plenty of time, started to slow down and was pulling into the driveway when the other driver crashed into the rear of my car causing my car to hit a fence. My car is a Peugeot 207, which was registered in 2010.

The other driver sat in his car for a minute or so then climbed out of the passenger side door, laughed and said "what happens now". I told him to move his car out of the centre of the road and pull over as he was likely to cause another accident leaving his car where it was. Our two daughters were in the rear of our car and screaming as they had bumped their heads and were in considerable pain. Two ladies from the cottage next door came running out and advised us to call the police and ambulance. As soon as my husband was on the phone to the police, the other driver asked to use their toilet. My two girls were checked over by paramedics. Thankfully there wasn't any serious injuries but emotionally they are both wrecks, especially my autistic daughter.

Traffic police attended, breathalysed both drivers (both passed) and examined both cars. Police advised that the other driver was insured and after speaking with both parties told us he would be reported for dangerous driving. Police could see from the road that he had made no attempt to slow down or stop.

My insurers have now confirmed that our NCD won't be affected as he has admitted full liability. However, after having my car assessed by the insurers yesterday, it is now potentially a write off as the power steering has now failed and there is considerable damage to the rear of my car and my wing. I spoke with the insurers yesterday who confirmed I could only get a hire car through Albany Assistance which I'm very reluctant to do, having read various reviews. The repairers have said that I would only get a courtesy car if my car was being repaired.

I have legal assistance and the solicitor is currently dealing with the claim. However, my biggest concern is firstly I am without a car. Secondly, my car is still on finance. I will be asking for a settlement figure today but I'm not going to be able to afford to keep paying the finance on this car for another two years while financing a new car.

Could anyone please advise if the difference between my car valuation and finance outstanding can be claimed as part of my claim for damages? I really can't afford to be out of pocket for an accident that wasn't my fault.

Any advice would be very much appreciated.

Quentin

You cannot claim for the difference between your debt and the valuation.


Too late now, but next time consider taking out GAP insurance


And probably too late now also, but next time you are involved in an incident where the liability is clear cut consider claiming directly off the third party insurer - no Albany type credit hire to get involved with etc

AdrianC

When your car's written off, you'll never get more than the value of it - if you owe more than it was worth, then that's not the insurer's problem.

If it's written off, then you'll get a hire car up until the write-off value's agreed and paid out. After that, it's down to you to replace the car.

Nodding_Donkey

Make sure you ask for a settlement figure without mentioning the write off.

System

Hi

I doubt this will work, but try anyway.

Dispute the valuation and show that to replace your car "like for like" would cost XXXX and give examples from Autotrader etc. You cannot gain an advantage from the claim, but you should not be disadvantaged.

Aside from the car, the passengers can, and should, pursue personal injury claims against the 3rd party. AAANND the difference in the car values should also be added, to put you back in the same position as you were before the incident (a nice well maintained 207).

foxy-stoat

Find out what your vehicle is worth, look on autotrader and ebay to see how much it will cost you to replace it like for like then find out the settlement figure.

You may need to buy a cheaper car for the time being while you clear your current finance if the difference is too much.

Expect to receive phone calls and texts for the next few years from no win no fee people if you gave your insurers your mobile number - maybe this will be a way to help with the difference in settlement figure and the cars current value.

jimjames

If your vehicle is worth less it should also mean that a replacement will cost less so the net difference to you should be small.

almillar

You should be able to walk away with what the insurer pays out, walk into a dealership, and buy a car of the same spec, age and condition (inc mileage) as the car that just got written off (before it got written off!).
You've still got your payments for that car to make, but just imagine you're making them against a different one, maybe change colour if you want.
What you should be doing is above, check the market for what it would cost to buy a direct replacement of your car - if you can't afford it with what the insurance co. offers you, negotiate with them, with your market evidence.

foxy-stoat

almillar wrote: »

You should be able to walk away with what the insurer pays out, walk into a dealership, and buy a car of the same spec, age and condition (inc mileage) as the car that just got written off (before it got written off!).
You've still got your payments for that car to make, but just imagine you're making them against a different one, maybe change colour if you want.
What you should be doing is above, check the market for what it would cost to buy a direct replacement of your car - if you can't afford it with what the insurance co. offers you, negotiate with them, with your market evidence.

Only issues are, the cheque goes to the finance company and the OP is still left with an outstanding balance and no car. They then have to go and get more finance on a car with no deposit and the first finance still needs to be paid.

maddogb

hey what a wonderful world it would be if insurers tell us the "write off" value when we take out our policies and then maybe they could consider keeping it at that for the life of the policy, might encourage people to not switch so much eh? and no more "my car was written off how much will I get?"

straighttalker

maddogb wrote: »

hey what a wonderful world it would be if insurers tell us the "write off" value when we take out our policies and then maybe they could consider keeping it at that for the life of the policy, might encourage people to not switch so much eh? and no more "my car was written off how much will I get?"

Why would they fix the write off value as the vehicle will be depreciating with time and increased mileage. Also any further wear and tear on the body and mechanics would devalue it further.