Vehicle recovery company wrote my car off through negligence

NinjaPenguin44

Hi all, I lost my car key and called my insurance company to find out what to do. They engaged a recovery company to take the car to the local main dealer for a new key. Unfortunately, the recovery company were negligent and did not load the car properly. As a result they have completely destroyed the gearbox and the car is now being written off. A new car will cost me more than I will be offered as a write off value. Please could someone advise me as to who I should be claiming from and can I claim the full cost of a replacement car? Thanks in advance.

DullGreyGuy

NinjaPenguin44 said:

Hi all, I lost my car key and called my insurance company to find out what to do. They engaged a recovery company to take the car to the local main dealer for a new key. Unfortunately, the recovery company were negligent and did not load the car properly. As a result they have completely destroyed the gearbox and the car is now being written off. A new car will cost me more than I will be offered as a write off value. Please could someone advise me as to who I should be claiming from and can I claim the full cost of a replacement car? Thanks in advance.

Why would a new car cost more than the write off value? In principle it should be exactly the right amount of money to buy the identical car immediately before.

If the recovery company have admitted liability then its likely easier to claim from them and avoid you having to deal with paying your excess and reclaiming etc.

Claiming off of your own policy may be more challenging as its not accident damage, fire or theft which is what Motor typically covers. 

NinjaPenguin44

DullGreyGuy said:

NinjaPenguin44 said:

Hi all, I lost my car key and called my insurance company to find out what to do. They engaged a recovery company to take the car to the local main dealer for a new key. Unfortunately, the recovery company were negligent and did not load the car properly. As a result they have completely destroyed the gearbox and the car is now being written off. A new car will cost me more than I will be offered as a write off value. Please could someone advise me as to who I should be claiming from and can I claim the full cost of a replacement car? Thanks in advance.

Why would a new car cost more than the write off value? In principle it should be exactly the right amount of money to buy the identical car immediately before.

If the recovery company have admitted liability then its likely easier to claim from them and avoid you having to deal with paying your excess and reclaiming etc.

Claiming off of your own policy may be more challenging as its not accident damage, fire or theft which is what Motor typically covers. 

Thanks for that. In reality, the insurance company are likely to offer less that it will actually cost for a replacement.

However, I think it will be better to take your advice and claim directly against the recovery company for all costs incurred.

Keep_pedalling

I don’t think you can claim against them as you did not engage them your insurance company did. The insurance company will pay out and claim their loss against the recovery firm.

NinjaPenguin44

Keep_pedalling said:

I don’t think you can can’t claim against them as you did not engage them your insurance company did. The insurance company will pay out and claim there loss against the recovery firm.

That's where it all gets complicated and, like you, I am not sure of the answer.

sheslookinhot

How do you know a replacement car (not new) will cost more than you will be offered by your insurance company ?  Have you had an offer ?

Wait until you have had an offer, but you can be pro-active in obtaining a value for your current car and a like for like replacement. Provide this as evidence to your insurance company if and when you are not satisfied with their offer to you.

Alternatively, enquire as to the cost of a reconditioned gearbox to be fitted by a local garage. You can then consider whether to take a total loss amount or a settlement in lieu of repairing the car yourself.