Can I insist on a repair (no fault claim)?

shere1

My car was parked in a carpark and another driver literally drove into it. She left her details etc and I have passed on everything to my insurers.

They arranged for a garage to collect the car and have said they are going to write it off.

The car would have lasted me several more years and was in very good condition. The most I expect the insurance will payout is £1000. So I will have to use another couple of £k to get a decent car. I had owned the car for 9 years and therefore knew it was mechanically sound etc.

I have legal cover on the policy. Can I insist that her insurers pay to repair the car ? Why should I be penalised and have to get another car when it is 100% the other parties fault.

To top things off I have had no car for several days as the insurer kept misinforming me. Now they say I could use the legal cover to get a hire car which they will claim from her insurer. Previously they told me that the legal cover was only for injury claims etc (contrary to what the policy docs/booklet state).

Quentin

Your insurance doesn't seemingly cover you for a hire car.

Like all uninsured costs, it is up to you to reclaim these from the third party.

As you have legal cover, then why don't you contact them for assistance (it's what you have paid for).

As far as insisting on a repair, then it is unlikely this will be agreed to if it is not an economical proposition, based on the value of the car.

But certainly you should insist that all costs involved in this incident are to be claimed off the third party so that your ncb is not affected.

shere1

Thanks Quentin.

My insurers have been misinforming me about what is covered by the legal cover. I have put in a complaint etc and am waiting to hear back from them with regards to a hire car etc.

geri1965_2

You can't insist that they repair it, but you can get a cash settlement and repair it yourself (depends what category of total loss it is I think - someone else will hopefully be able to expand on this as I don't deal with car repair claims).

Oscar_The_Grouch

There are 4 levels of write off:

A - burnt out wreck
B - unsafe to repair and goes to a breakers yard
C - can be repaired but cost exceeds value
D - can be repaired but cost exceeds value less salvage

If your car has been recorded as either A or B, give up and take the money. If it's C, I strongly recommend you don't get it repaired as it will cost you more (and you are not entitled to recover that cost). If it's D and you have a trustworthy mechanic, ask them for advice.

Personally, I wouldn't touch any write off with a barge pole, but it's your choice.

shere1

Thanks Oscar. Visually it looked as if the drivers side wing and door along with the steering was damaged. The garage tells me the suspension etc will also need replacing and looks like £1700 repair bill for a car that is probably worth £1K.

The thing that cheeses me off is that I had the car from new and knew that it was mechanically strong for several more years (an easy 4/5 years more service). There was no rust and the engine was sound (regulalry serviced by VW for the first 5 years and then similar service from a local garage).

Looks like I will have to dip into my pocket and get another motor.

Any ideas how many times I can reject the insurance company offers and can I insist they put things in writing.

claire_963

Hi, No you can not insist on a repair. For any 3rd party accident i would of used a accident mangment company, ie accident exchange, helphire. I would of also go to a garage of your choice (the insurance approved garage is only approved for one thing, that is being cheap!) Using an accident managment company, meant you could go in to a hire car, by the end of the next day.

Any way, when the car is totaled, you will be offered to buy the car back and except a reduced settlement. The cost of repair will be based on new parts, you may be able to source 2nd hand or non gen parts, this will cost less, i would speak to the bodyshop and see what they think the cost could become if you went this route.