Car hit by Supermarket lorry - would I be due compensation?

takesides

Hi All,

A few days ago I was parked in the car park of a well known supermarket and when I came back from getting my shopping I found that one of the companies articulated delivery lorry had hit the front of my car, causing a massive amount of damage. The insurance should be pretty cut and dried but I suspect the car will be found to be a right off.

My question is, seeing as it was on the grounds of the supermarket and involving their vehicle and driver, would I be due compensation from them? The reason I ask is not that I'm greedy but that I really loved my car and it was quite a bargain so will probably have to go to a lesser car with the insurance payout (as long as that happens).

Does anyone have any experience of this or advice on how to go about claiming compensation direct from a large company like this?

Browntoa

compensation for what ??


at best you MAY get the difference between what the insurance pays out and what it cost you to get a replacement of the same standard

alewin

takesides wrote: »

The reason I ask is not that I'm greedy

Seems to me that you are greedy.
No wonder car insurance costs are the highest now than they have ever been.

tykesi

takesides wrote: »

The reason I ask is not that I'm greedy

The reason you ask is exactly BECAUSE you are greedy, please don't try and insult everyone's intelligence on here by claiming it is for anything other than greed.

k3lvc

To be fair to OP (and my posting history will tell you what I normally think of people after compensation) he/she is only looking to be returned to the position they were in pre-accident - this in itself isn't greed

OP - I'd be suggesting quickly to supermarket the position that you're in and that you don't want your car writing off or, if they do then, as the at-fault party you'll be looking to them to offer a sum to replace the vehicle.

Out of interest is it rare or was it just a bargain to you and what sort of value are you talking about ?

Aretnap

takesides wrote: »

The reason I ask is not that I'm greedy but that I really loved my car and it was quite a bargain so will probably have to go to a lesser car with the insurance payout (as long as that happens).

You can't claim compensation for the fact that you were quite attached to your car - the law sees it as a lump of metal which can be replaced with another one.

However if it was "a bit of a bargain" that won't (or shouldn't) affect the insurance payout. Whether you claim from your own insurer or direct from the at fault party you're entitled to the market value, ie the price you would have to pay to replace it with another car of the same model, age, mileage and general condition. What you actually paid for it is irrelevant. (I didn't pay a penny for my car as it was a gift from my dad - that doesn't mean that the insurance payout would be zero if it was written off).

For more information on how the car should be valued, see here. (I've linked to an old version of the page as the Financial Ombudsman's website currently has a less detailed version, but the underlying policy has not changed. Point 2 in particular is relevant if you bought the car for an unusually good price.)

The entitlement doesn't change whether you make the claim through your own insurer or directly from the third party. If you don't like your own isnsurer's valuation that doesn't mean that you can claim the extra from the third party (though you can claim your excess back from them). If you are concerned about the valuation you'll receive then this is actually a reason for making the claim through your own insurer, as that way if you don't agree with their valuation you can complain to the Financial Ombudsman, which is a fairly simple process and free (to you). The Ombudsman won't deal with a complaint about a third party's insurer, still less a supermarket company, so if you claim direct from the third party and don't like their offer your only recourse if to take them to court.

societys_child

seeing as it was on the grounds of the supermarket and involving their vehicle and driver

Was it though, or was it a contractor/ logistics company, who paint their vehicles to give that appearance?
Either way, it doesn't give you any extra entitlement.

csgohan4

Do you have a bad back as well from seeing your car being damaged?