Can I insist on car insurance repairing a car if it's less than the value of the car?

Freddles91

Hi, I've just had a prang and I'm slightly concerned my insurance is going to attempt to write my car off. I know they can say it's uneconomical to repair and declare it a writeoff if say the cost to repair the damage is 50/60% of the value of the vehicle and such, but in that situation could I just refuse and demand they pay to repair the car considering it would be cheaper for them to do that than pay it off anyway?
If that is the case then what legislation gives me the rights to do that?
Thanks in advance.

sweetsand

Freddles91 said:

Hi, I've just had a prang and I'm slightly concerned my insurance is going to attempt to write my car off. I know they can say it's uneconomical to repair and declare it a writeoff if say the cost to repair the damage is 50/60% of the value of the vehicle and such, but in that situation could I just refuse and demand they pay to repair the car considering it would be cheaper for them to do that than pay it off anyway?
If that is the case then what legislation gives me the rights to do that?
Thanks in advance.

Hi Op
The offer, you will need to check with similar car, mileage, age, number of owners , conditionetc and it should be the price sold at either main car dealers if a newsih model or smaller dealers for older models or average price private sales.
Look up Parkers price guides to give you an idea.
ATB

Car_54

OP, no, you can't insist. They will pay you the market value (probably after a bit of haggling) and the car then becomes their property.

However, they will usually agree to sell the car back to you for its scrap value. You can then use the payout to repair it more cheaply than the insurers would. Their repair costs will include manufacturer parts, quality respray etc. You may be happy with parts from a scrappy and gaffer tape!

Freddles91

sweetsand said:

Hi Op
The offer, you will need to check with similar car, mileage, age, number of owners , conditionetc and it should be the price sold at either main car dealers if a newsih model or smaller dealers for older models or average price private sales.
Look up Parkers price guides to give you an idea.
ATB

Hi, I know about working out the value but that's not my question. My question is whether I have to accept the fact they declare it a write off for economical reasons if the cost to repair is less than the value of the car or if I can insist they repair it up to the value of the vehicle as I seem to be finding conflicting information online.

Sandtree

If you ask for cash in lieu of repairs then they are less likely to write the car off as it removes the risk that once its stripped back that other damage is found (but that risk then moves to you). A CiL settlement however will often not include the VAT element.

Alternatively if they do decide its beyond economical repair then you can ask to retain the salvage in which case your payment is reduced to reflect what they'd have gotten from the salvage agent but you can then repair the car and return it to the road (assuming its not a cat A write off etc)

sweetsand

Freddles91 said:

sweetsand said:

Hi Op
The offer, you will need to check with similar car, mileage, age, number of owners , conditionetc and it should be the price sold at either main car dealers if a newsih model or smaller dealers for older models or average price private sales.
Look up Parkers price guides to give you an idea.
ATB

Hi, I know about working out the value but that's not my question. My question is whether I have to accept the fact they declare it a write off for economical reasons if the cost to repair is less than the value of the car or if I can insist they repair it up to the value of the vehicle as I seem to be finding conflicting information online.

No worries. You will have to take them to court if you still disagree at their final offer.
ATB

Car_54

Freddles91 said:

sweetsand said:

Hi Op
The offer, you will need to check with similar car, mileage, age, number of owners , conditionetc and it should be the price sold at either main car dealers if a newsih model or smaller dealers for older models or average price private sales.
Look up Parkers price guides to give you an idea.
ATB

Hi, I know about working out the value but that's not my question. My question is whether I have to accept the fact they declare it a write off for economical reasons if the cost to repair is less than the value of the car or if I can insist they repair it up to the value of the vehicle as I seem to be finding conflicting information online.

Hi OP, if you read your policy documents you will find a clause like this example (from DirectLine):

"If your car is damaged, we will pay the cost of repairing or replacing your vehicle up to its UK market value. This is the current value of the vehicle at the time of the claim – and it may be different to the amount you paid or any amounts we spoke about when you insured your vehicle with us."

You will have agreed to something similar whan you took out the policy.

lincroft1710

One of the reasons for declaring a car a write off is not just the cost of repairs but associated costs such as paying for car hire whilst yours is being repaired. 

There is nothing to stop you negotiating with the insurer, but at the end of the day it is their decision.

AdrianC

No, you cannot insist.

Your chances are better if you claim off the other person's insurance directly, because you don't have a contract with them that delegates the decision to them like you do with your own insurer.

Your chances are better if you don't want or need a hire car for the duration of the repair, because it reduces their exposure and the total costs of the claim.

Your chances are better if you ask for a pay-out in lieu of repair, because it reduces the risk of damage that's not immediately obvious increasing the cost of the claim.

Freddles91

Car_54 said:

Freddles91 said:

sweetsand said:

Hi Op
The offer, you will need to check with similar car, mileage, age, number of owners , conditionetc and it should be the price sold at either main car dealers if a newsih model or smaller dealers for older models or average price private sales.
Look up Parkers price guides to give you an idea.
ATB

Hi, I know about working out the value but that's not my question. My question is whether I have to accept the fact they declare it a write off for economical reasons if the cost to repair is less than the value of the car or if I can insist they repair it up to the value of the vehicle as I seem to be finding conflicting information online.

Hi OP, if you read your policy documents you will find a clause like this example (from DirectLine):

"If your car is damaged, we will pay the cost of repairing or replacing your vehicle up to its UK market value. This is the current value of the vehicle at the time of the claim – and it may be different to the amount you paid or any amounts we spoke about when you insured your vehicle with us."

You will have agreed to something similar whan you took out the policy.

I'm not sure what you're saying here, to me that seems like they can repair up to the value but doesn't say anything about whether I can choose that or a payoff.

Sandtree

Freddles91 said:

Car_54 said:

Freddles91 said:

sweetsand said:

Hi Op
The offer, you will need to check with similar car, mileage, age, number of owners , conditionetc and it should be the price sold at either main car dealers if a newsih model or smaller dealers for older models or average price private sales.
Look up Parkers price guides to give you an idea.
ATB

Hi, I know about working out the value but that's not my question. My question is whether I have to accept the fact they declare it a write off for economical reasons if the cost to repair is less than the value of the car or if I can insist they repair it up to the value of the vehicle as I seem to be finding conflicting information online.

Hi OP, if you read your policy documents you will find a clause like this example (from DirectLine):

"If your car is damaged, we will pay the cost of repairing or replacing your vehicle up to its UK market value. This is the current value of the vehicle at the time of the claim – and it may be different to the amount you paid or any amounts we spoke about when you insured your vehicle with us."

You will have agreed to something similar whan you took out the policy.

I'm not sure what you're saying here, to me that seems like they can repair up to the value but doesn't say anything about whether I can choose that or a payoff.

You cannot demand that they repair it, but as per my other post, they may entertain the idea of a cash in lieu settlement.