Car accident - insurance claim and claim against other driver

DIYhelp76

Hi
Hope someone can help.  I've been driving for 30+ years with no accidents
Someone drove in to the back of my car at speed with some force causing extensive damage to the back of my car and causing me to bang my head on the headrest.
Luckily my insurers say that as it is "no fault" I can recover all my costs from the other driver's insurance (they have checked and the other driver is insured) and I am being given a courtesy car.  My car is currently with the insurance approved garage for assessment.
I am very worried in case the insurance company say they want to "write off" my car because it is a very hard to find automatic (I drive automatic only) and i know I won't get the value back that I need to be able to buy a similar replacement - and would likely struggle to find an automatic.  What are my rights?  Any guidance please? 
Equally though, if they repair the car this means that when I come to re-sell or trade it in it will be worth less as it has had accident damage. It was in excellent condition at the time of the accident. Will it become a Category damaged car now?
Also, can I make any kind of personal, private claim against the driver as my costs will doubtless now increase when I come to insure and have to declare an accident (which wasn't my fault) and for losses I suffer if my car is written off - also if any health matters come to light following the bang on the head (not so far but just in case something materialises).  The driver was particularly rude, swearing and non-apologetic just saying he couldnt see because of the sun!  I do have a witness who is prepared to give a statement.  Many thanks in advance.

AdrianC

DIYhelp76 said:

I am very worried in case the insurance company say they want to "write off" my car because it is a very hard to find automatic (I drive automatic only) and i know I won't get the value back that I need to be able to buy a similar replacement - and would likely struggle to find an automatic.  What are my rights?  Any guidance please? 

Your right is to get the value of your car immediately before the impact.

Unless your car is something unusual, that's easy to determine using the industry-standard price guides. Any disagreement as to what it is can be taken to the financial ombudsman. https://www.financial-ombudsman.org.uk/businesses/complaints-deal/insurance/motor-insurance/vehicle-valuations-write-offs

You have no right to have an exact replacement found - it may simply not exist - and you have no right to insist on your car being repaired rather than written off.

If it's either a Cat S or N write-off then you may, if the damage is relatively minor, be given the opportunity to buy your car back from the insurer post-write-off in exchange for a proportion of the write-off amount. That will be roughly equivalent to the amount they'd expect it to fetch at a salvage auction such as Copart, and will depend on what the car is as well as how bad the damage is.
Cat S = Structural damage
Cat N = Non-structural damage, but they've chosen not to repair because of the likely costs.

If it's so badly damaged that the shell is unrepairable, then it'll probably be a Cat B write-off - and you won't be offered the buy-back chance, because the car bodyshell has to be crushed. It may go through the salvage auctions, but can only be bought by licenced breakers, who can then sell off parts.

Equally though, if they repair the car this means that when I come to re-sell or trade it in it will be worth less as it has had accident damage. It was in excellent condition at the time of the accident. Will it become a Category damaged car now?

No, categorisation only applies to cars written off by insurers. No record is kept of cars that have been repaired, either by insurers or outside insurance, so there's no presumption of value reduction.

Also, can I make any kind of personal, private claim against the driver as my costs will doubtless now increase when I come to insure and have to declare an accident (which wasn't my fault) and for losses I suffer if my car is written off

Any demonstrable costs directly arising from the impact are covered. No, your increase in premiums due to your record of being involved in a not-at-fault claim are not.

also if any health matters come to light following the bang on the head (not so far but just in case something materialises).

Obviously any injuries are covered - both direct costs and financial compensation for long-term ill-effects.

The driver was particularly rude, swearing and non-apologetic just saying he couldnt see because of the sun!  I do have a witness who is prepared to give a statement.  Many thanks in advance.

If the other driver's insurer has accepted liability, that's all that's required. They will cover all costs, your claim is not-at-fault, and your excess and NCB are untouched.

"The sun in my eyes" makes no difference, nor does his attitude or demeanour.

Clive_Woody

What car are we talking about?