Should I expect to be put back into pre-accident position

beardiedog

I haven't had an accident for many years so not sure what position I should expect to be in these days.

I was hit on a roundabout by a driver who didn't give way to me coming from the right - she just sailed straight through. It was low-collision and no-one was injured. She has admitted liability.

My car has now been deemed uneconomical to repair.

Should I expect to be put back in the position I was financially before the accident? I expect the offer from the insurance company when it arrives will be far less than the replacement value of the vehicle.

How far can I pursue the claim against the other party's insurance company and what other options, if any, do I have?

Any advice would be very much appreciated TIA

FutureGirl

Your insurer will value your vehicle based on the pre-accident condition and using valuation guides.

If you don't like their offer, look on auto trader at what it'll cost to replace the vehicle with the same one of the same age / mileage etc.

beardiedog

Thanks, just got a valuation so we'll see how it compares

Nasqueron

Get 2-3 and keep copies e.g. print off adverts from dealers/ebay/autotrader etc

Assuming you didn't claim off your own insurance you should get the market value to get a like for like. If you did claim off your own insurer you'll need to get your excess back off the other person's insurer

Remember to factor in any other related costs such as a hire car if you need it for work

beardiedog

I claimed through my own insurance as they said if I claimed via the other's insurance if anything subsequently happened (I assume manifested injury problems etc) they would not be responsible. They assured me that they would deal with everything including reclaiming the excess and cost of hire car.

The only thing they said was the initial offer for the car would probably be below replacement value so I need to arm myself with evidence.

AdrianC

beardiedog wrote: »

Should I expect to be put back in the position I was financially before the accident?

Yes, absolutely.

I expect the offer from the insurance company when it arrives will be far less than the replacement value of the vehicle.

How far can I pursue the claim against the other party's insurance company and what other options, if any, do I have?

If the offer is genuinely too low, and you aren't merely being wildly optimistic about the value of your car, then you can turn it down. The more evidence you can gather, the better. If the insurer won't reach a value acceptable to you, then you can appeal it to the FOS.

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

If you still think it unreasonable, you can take them to court... But, by that stage, your chances of achieving anything are slim.

beardiedog wrote: »

I claimed through my own insurance

Ah. That may limit your options, because you are contractually bound to what's in the Ts & Cs of your policy.

Shaka_Zulu

Have you had the cost of repairs priced up by a bodyshop using second hand parts? You can then decide whether to buy back the salvage and have it repaired. All things being equal you should come out slightly ahead by doing that.

maddogb

if you claimed off your insurers you and they have a contract and that is with regards to the term in your policy of "market value".
The timing of the agreement or policy is important in a "technicality" but the essence is the same, as long as you can find an "interpretation" of the term "market value" that is higher than what is being offered they must up the valuation.
see http://www.which.co.uk/consumer-rights/regulation/unfair-terms-in-consumer-contracts-regulations-1999


and here
http://www.legislation.gov.uk/ukpga/2015/15/section/69/enacted

beardiedog

Shaka_Zulu wrote: »

Have you had the cost of repairs priced up by a bodyshop using second hand parts? You can then decide whether to buy back the salvage and have it repaired. All things being equal you should come out slightly ahead by doing that.

Not yet. I would like to buy it back as it's been an extremely good car. We'll have to wait and see.

I'm assuming that I'll be informed of the damage and cost of repairs. Front n/s wing, headlight, bonnet edge (new bonnet needed probably), bumper I could probably get away with not replacing. Not sure if there is any other unseen damage without seeing the report.

beardiedog

maddogb wrote: »

if you claimed off your insurers you and they have a contract and that is with regards to the term in your policy of "market value".
The timing of the agreement or policy is important in a "technicality" but the essence is the same, as long as you can find an "interpretation" of the term "market value" that is higher than what is being offered they must up the valuation.
see http://www.which.co.uk/consumer-rights/regulation/unfair-terms-in-consumer-contracts-regulations-1999


and here
http://www.legislation.gov.uk/ukpga/2015/15/section/69/enacted

Thanks, I'll have a look

AdrianC

beardiedog wrote: »

Thanks, I'll have a look

Before placing too much weight on maddogb's opinion in these matters, you may like to look back through his past history. He took his insurer to court over a similar valuation issue, and lost, but painted it as a victory.