Car Insurance

sasparillo

I have a 2001 Nissan Micra with just over 27,000 on the clock and it was in excellent condition. I was returning home and a neighbour was backing out of his drive in a big white Mercedes. It was my right of way but unexpectedly he kept on backing out and caught the passenger wing just behind the front light. So I now have a dent, scrapes and white paint. He said,’sorry’ etc. I have reported it to the insurance company. However the way it’s n!w worded in a communication it sounds as if they’re veering strongly towards it being a write because of its age. It is definitely driveable. I may be worrying unnecessarily but this is my first prang - and it was his fault. Can anyone experienced in this sort of thing talk me through the possible options? The car works fine.

Car_54

The insurers will consider it a write-off if repairs are uneconomical in relation to the value of the vehicle. They will then pay you the market value.
The car then belongs to them, but they will usually allow you to buy it back for the scrap value. You can then have it repaired cheaply, or just live with the cosmetic damage. The fact that it has been written off will make it more difficult to sell later, but that shouldn’t be a huge issue with a car of that age,

SteveJW

The third party insurers repair the vehicle (unlikely given its age)


The third party insurers declare the vehicle a write-off
They make an offer as to the cars valuation
You either accept their offer or make a counter offer, you eventually agree on a valuation.
You need to tell them that you wish to keep the salvage (your car) you again then negotiate a value for the salvage
When agreement is reached the salvage value is taken away from the valuation, you receive this figure and keep the car
eg valuation £1,000, salvage £100 you receive £900 and keep the car


Remember the car is yours the third party cannot force you to give it up


Good luck

sasparillo

Thanks so much for this both of you! Much appreciated! I do have legal cover - will that make a difference?

Car_54 wrote: »

The insurers will consider it a write-off if repairs are uneconomical in relation to the value of the vehicle. They will then pay you the market value.
The car then belongs to them, but they will usually allow you to buy it back for the scrap value. You can then have it repaired cheaply, or just live with the cosmetic damage. The fact that it has been written off will make it more difficult to sell later, but that shouldn’t be a huge issue with a car of that age,
[/aQUOTE]

SteveJW

The third party insurers repair the vehicle (unlikely given its age)

The third party insurers declare the vehicle a write-off
They make an offer as to the cars valuation
You either accept their offer or make a counter offer, you eventually agree on a valuation.

You need to tell them that you wish to keep the salvage (your car) you again then negotiate a value for the salvage
When agreement is reached the salvage value is taken away from the valuation, you receive this figure and keep the car
eg valuation £1,000, salvage £100 you receive £900 and keep the car


Remember the car is yours the third party cannot force you to give it up


Good luck

sasparillo

Thanks so much for this both of you! Much appreciated! I do have legal cover - will that make a difference?

Car 54

The insurers will consider it a write-off if repairs are uneconomical in relation to the value of the vehicle. They will then pay you the market value.
The car then belongs to them, but they will usually allow you to buy it back for the scrap value. You can then have it repaired cheaply, or just live with the cosmetic damage. The fact that it has been written off will make it more difficult to sell later, but that shouldn’t be a huge issue with a car of that age,

SteveJW

The third party insurers repair the vehicle (unlikely given its age)

The third party insurers declare the vehicle a write-off
They make an offer as to the cars valuation
You either accept their offer or make a counter offer, you eventually agree on a valuation.

You need to tell them that you wish to keep the salvage (your car) you again then negotiate a value for the salvage
When agreement is reached the salvage value is taken away from the valuation, you receive this figure and keep the car
eg valuation £1,000, salvage £100 you receive £900 and keep the car


Remember the car is yours the third party cannot force you to give it up


Good luck

AdrianC

sasparillo wrote: »

...a neighbour was backing out of his drive in a big white Mercedes. It was my right of way but unexpectedly he kept on backing out and caught the passenger wing just behind the front light.

No, it was your priority. BIG difference.

Simple yes/no question. Could you have avoided it?

2001 Nissan Micra...

it sounds as if they’re veering strongly towards it being a write because of its age.

No great surprise there. Is it cheaper for them to pay you the market value, or give you a hire car while they repair it?

Push for a payout in lieu of repair, so long as they don't write it off (Cat N - non-structural damage). A front wing won't be expensive - you might get lucky and find a used one the right colour, else a brand new one's only £40 plus paint and fitting.
https://www.ebay.co.uk/itm/123689258594

No, legal cover won't make a difference - there's no legals involved. It's a straightforward claim. It might be deemed his fault, it might be deemed 50/50, since it was so simple to stop and avoid.

a.turner

AdrianC wrote: »

No, it was your priority. BIG difference.

Simple yes/no question. Could you have avoided it?


No great surprise there. Is it cheaper for them to pay you the market value, or give you a hire car while they repair it?

Push for a payout in lieu of repair, so long as they don't write it off (Cat N - non-structural damage). A front wing won't be expensive - you might get lucky and find a used one the right colour, else a brand new one's only £40 plus paint and fitting.
https://www.ebay.co.uk/itm/123689258594

No, legal cover won't make a difference - there's no legals involved. It's a straightforward claim. It might be deemed his fault, it might be deemed 50/50, since it was so simple to stop and avoid.

It might be but not very likely given he's reversing onto the road.

AdrianC

a.turner wrote: »

It might be but not very likely given he's reversing onto the road.

The OP's car was hit just behind the front light. How much opportunity did he have to stop?

Yet he didn't, because it was his "right of way".

If that isn't contributory negligence, what is?

a.turner

AdrianC wrote: »

The OP's car was hit just behind the front light. How much opportunity did he have to stop?

Yet he didn't, because it was his "right of way".

If that isn't contributory negligence, what is?

You tell me I wasn't there. He could have been going past at walking pace and the neighbour came straight off the drive not giving him chance to react. No if it were between the headlights you'd have a point.

sasparillo

He was backing out of his drive, reversing into the road. I was on the main road going straight on. He didn’t stop. He said sorry afterwards.

I have just received the following and would like comments on it. I don’t want to get involved in prolonged legal wrangling if there is a simpler option.

On 4 Jul 2019, at 16:01, xxxxx wrote:

We have today been asked by xxxxx to act on your behalf in connection with the recovery of your uninsured losses arising out of the above accident but have been unable to make contact with you by telephone to discuss this matter further.

We will endeavour to recover all of the losses you have suffered as a result of this incident, including compensation for any personal injuries you may have suffered.

We simply require contact from you confirming that you are happy for us to continue to pursue this aspect of your claim on your behalf. We need to discuss the circumstances of the incident and nature of your losses as soon as possible to ensure we are able to assist you in the best possible way. We will then send you further information explaining the claims process.

If you have already spoken to a representative from xxxxcccc you need to take no further action at this stage, or alternatively if you would like more information, please contact the first response Unit on xxxxxxxxc quoting the reference number xxxxxx.

Opening Times

8:00 a.m. to 8:00 p.m. Monday to Saturday
9:00 a.m. to 6:00 p.m. Sunday

More about us

You can visit our website at xxxxxxxccc

Please keep a copy of this letter for your future reference.

Yours sincerely

facade

Ambulance chasers. Avoid.


Only think of using them if the third party insurer isn't co-operating and paying out.


As above though, in my experience drivers never* look when they reverse off their drive ( at high speed usually) you should be ready to stand on the brakes and sound your horn at the first hint of a car backing out.


* I think because they looked before they got into the car, and the road was clear then that they don't need to look again until the back wheels have bounced into the gutter. Bad luck for pedestrians walking their dog past the drive.......