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  • FIRST POST
    • nubbz
    • By nubbz 5th Mar 18, 1:20 PM
    • 11Posts
    • 1Thanks
    nubbz
    Car went into the back of me, what can I claim?
    • #1
    • 5th Mar 18, 1:20 PM
    Car went into the back of me, what can I claim? 5th Mar 18 at 1:20 PM
    Hello guys!

    Recently a car went into the back of me and done the back end of my e36 bmw good.
    Insurer is coming Wednesday to probably confirm it is a write off...
    What I want to know is what can I claim for?

    I'm using the insurance of the guy who hit me as he has admitted full liability. Problem is my e36 is a 20 year old car so I have a feeling I am going to get stitched up on the valuation..

    I paid about 1000 for it but its only done about 80k miles and was mint!
    Thing is though I spent over 1000 servicing it and putting new tyres and brakes on it less then 3 months ago. Can I claim back the cost of getting the car serviced as it's obviously going to go to waste now.

    Also if I disagree with the price they give me how long can I contest it for? Also if I contest it do they have to provide me with a courtesy car until I agree on a valuation.
    I have been given a courtesy car until the end of the week which is when I presume they will give me a settlement but I just want to make sure if I refuse the offer for being to low they have to provide me with a car until we can reach an agreement.

    Also is there anything else I can claim for?
    I'm a youngish driver (26) and this is my 1st year of having car insurance so no doubt my premium will sky rocket even though im not claiming on my own insurance.. Can I claim back the cost of an increased insurance premium?
Page 1
    • AdrianC
    • By AdrianC 5th Mar 18, 1:52 PM
    • 17,602 Posts
    • 15,965 Thanks
    AdrianC
    • #2
    • 5th Mar 18, 1:52 PM
    • #2
    • 5th Mar 18, 1:52 PM
    What I want to know is what can I claim for?
    Originally posted by nubbz
    The fair market value of the car immediately before he hit you.

    Thing is though I spent over 1000 servicing it and putting new tyres and brakes on it less then 3 months ago. Can I claim back the cost of getting the car serviced as it's obviously going to go to waste now.
    What did that add to the value? Not much. It's maintenance. Without doing that work, it'd be worth much less. You may be able to keep the salvage in return for a proportion of the payout - so you could break it for parts.

    Also if I disagree with the price they give me how long can I contest it for?
    It'll escalate to the Financial Ombudsman Service - http://www.financial-ombudsman.org.uk/publications/technical_notes/motor-valuation.html

    Also if I contest it do they have to provide me with a courtesy car until I agree on a valuation.
    Within reason. Otherwise, it'd be easy for somebody to string out with unreasonable demands and keep the hire car indefinitely.

    Also is there anything else I can claim for?
    What other losses can you prove?

    I'm a youngish driver (26) and this is my 1st year of having car insurance so no doubt my premium will sky rocket even though im not claiming on my own insurance.. Can I claim back the cost of an increased insurance premium?
    If you can prove it. Which, honestly, you can't.
    • IanMSpencer
    • By IanMSpencer 5th Mar 18, 2:06 PM
    • 1,462 Posts
    • 1,080 Thanks
    IanMSpencer
    • #3
    • 5th Mar 18, 2:06 PM
    • #3
    • 5th Mar 18, 2:06 PM
    The OP is also under an obligation to minimise their losses, so while you can claim for reasonable expenses, they should be getting on with getting a replacement car in a reasonable time.

    If the car is really exceptional, then the OP can check out whether it is worth buying the write-off and getting it repaired on the cheap - using scrapyard boot for example - if if is rear end, it has a reasonable chance of being mainly cosmetic damage.
    • nubbz
    • By nubbz 5th Mar 18, 2:37 PM
    • 11 Posts
    • 1 Thanks
    nubbz
    • #4
    • 5th Mar 18, 2:37 PM
    • #4
    • 5th Mar 18, 2:37 PM
    Thanks for the replies.

    So there is no defined time how long I can contest the value of the car for?
    My thinking is even if I contest the payoff for say like 2-3 weeks they may just offer me more for the car as the car is worth only about 1000 and it will probably cost them 400+ a week for them to hire me a car.

    Ideally I want this dealt with asap but I just know they will fudge me over the value. I've put over 2k into that car and had it less then 6 months.. so I want to do all that I can do to personally at least recoup some of my losses.

    I've never had a car accident before so I do not know how any of this works.
    I hope I'm not coming across as a noob but I didn't ask to get rear ended so I don't see why I should loose out financially. Seriously guys this car was proper mint :P so quiet it was like it came fresh out the factory..


    The OP is also under an obligation to minimise their losses, so while you can claim for reasonable expenses, they should be getting on with getting a replacement car in a reasonable time.
    Originally posted by IanMSpencer
    I'm under an obligation to minimise their losses??
    I can't get a replacement car until they either fix or give me a payout for my car.
    Last edited by nubbz; 05-03-2018 at 2:41 PM.
    • Car 54
    • By Car 54 5th Mar 18, 3:35 PM
    • 3,025 Posts
    • 1,898 Thanks
    Car 54
    • #5
    • 5th Mar 18, 3:35 PM
    • #5
    • 5th Mar 18, 3:35 PM
    Sorry, I think you've had all the answers. The car is worth what it's worth - what you spent on it is irrelevant - delaying won't help - you are under an obligation to minimise costs.

    Their only obligation is to put you in the position you were before the crash, i.e. driving a 20-y-o car, for which you paid 1,000 some time ago and was therefore inevitably now worth less.
    • NelliePie
    • By NelliePie 5th Mar 18, 3:49 PM
    • 165 Posts
    • 392 Thanks
    NelliePie
    • #6
    • 5th Mar 18, 3:49 PM
    • #6
    • 5th Mar 18, 3:49 PM
    You will only get what the car is currently worth.
    The fact that you have put money into service and maintenance doesn't count for anything (unless it's done something extra to improve the value) as if you didn't service the car it wouldn't run - Sorry but that's just the cost of running a car.

    As you are not at fault and they have admitted full liability, it shouldn't increase your premium. I had a similar situation a few years ago and it didn't affect my no claims bonus as it wasn't my fault; but you should probably check with your insurance provider.
    Little One's due date 18/12/18
    FTB June '17 - 144k.
    • Asmoosy
    • By Asmoosy 5th Mar 18, 3:57 PM
    • 28 Posts
    • 11 Thanks
    Asmoosy
    • #7
    • 5th Mar 18, 3:57 PM
    • #7
    • 5th Mar 18, 3:57 PM
    I just had an accident where someone reversed into me. I got more than I paid for to get a new car or repair mine! Plus they offer you something for scrap. It just depends how easily they claim responsibility.
    • Asmoosy
    • By Asmoosy 5th Mar 18, 4:24 PM
    • 28 Posts
    • 11 Thanks
    Asmoosy
    • #8
    • 5th Mar 18, 4:24 PM
    • #8
    • 5th Mar 18, 4:24 PM
    They will look at the area you are in and see exactly how much the same car will be worth. I got 1000+ plus around 200 scrappage. I paid about half of that for my car. They said I can either fix it or buy a new one it's up to me.
    • Jonesya
    • By Jonesya 5th Mar 18, 6:48 PM
    • 1,445 Posts
    • 887 Thanks
    Jonesya
    • #9
    • 5th Mar 18, 6:48 PM
    • #9
    • 5th Mar 18, 6:48 PM
    How bad was the damage because if it was just cosmetic and not structural you might be able to see if you could get a cash settlement and have it repaired yourself.

    What category of write off is it?

    https://www.motorclaimguru.co.uk/what-is-a-total-loss.html
    • motorguy
    • By motorguy 5th Mar 18, 7:20 PM
    • 16,750 Posts
    • 9,934 Thanks
    motorguy
    How bad was the damage because if it was just cosmetic and not structural you might be able to see if you could get a cash settlement and have it repaired yourself.

    What category of write off is it?

    https://www.motorclaimguru.co.uk/what-is-a-total-loss.html
    Originally posted by Jonesya
    +1

    Depending on the damage it might be a good idea to buy it back and repair it.
    "We have normality. I repeat, we have normality. Anything you still can't cope with is therefore your own problem."
    • Norman Castle
    • By Norman Castle 5th Mar 18, 7:25 PM
    • 7,090 Posts
    • 5,850 Thanks
    Norman Castle
    You can use the recent work as leverage for a higher valuation but it will only make a small difference.


    Its likely the scrap value will be very low so definitely consider buying the car back to either repair or sell either complete or as spares.
    Don't harass a hippie. You'll get bad karma.

    Never trust a newbie with a rtb tale.
    • Potbellypig
    • By Potbellypig 5th Mar 18, 8:06 PM
    • 190 Posts
    • 84 Thanks
    Potbellypig
    Whiplash..
    • caprikid1
    • By caprikid1 6th Mar 18, 11:20 AM
    • 598 Posts
    • 599 Thanks
    caprikid1
    Solution
    What you need to do is the following.


    Speak to their insurers and tell them you want to make a "Full and Final Settlement" for the accident.


    Tell them you think the car is worth over 2000 due to the amount of work etc you have done. I would avoid threatening whiplash but if you are genuinely looking to get a fair settlement they should jump at the above figure.


    I should point out I have used this route on two other occasions as like yourself with old cars with big investment of time and money its the only way to get fairly reimbursed.



    please note you will not be able to come back later for whiplash or expenses.


    Most insurance companies will jump at the chance to close a rear end accident of this nature so cheaply.
    • glentoran99
    • By glentoran99 6th Mar 18, 11:22 AM
    • 5,328 Posts
    • 4,512 Thanks
    glentoran99


    If you can prove it. Which, honestly, you can't.
    Originally posted by AdrianC


    Wouldn't it easily be proved? quotes with and without the accident?
    • AdrianC
    • By AdrianC 6th Mar 18, 1:15 PM
    • 17,602 Posts
    • 15,965 Thanks
    AdrianC
    Tell them you think the car is worth over 2000 due to the amount of work etc you have done.
    Originally posted by caprikid1
    Then wonder why they laugh at you before putting the phone down until you've sobered up a bit.

    I would avoid threatening whiplash
    Does the OP have whiplash? I mean, there's a whole raft of different ways you could fraudulently try to ramp the claim, not just non-existent whiplash...
    • caprikid1
    • By caprikid1 6th Mar 18, 1:51 PM
    • 598 Posts
    • 599 Thanks
    caprikid1
    "Does the OP have whiplash? I mean, there's a whole raft of different ways you could fraudulently try to ramp the claim, not just non-existent whiplash... "


    I am not suggesting any fraud, I am suggesting a straight and simple offer of settlement for the accident. That is what a full and final agreement is. It is to cover the losses suffered whatever they.
    • AdrianC
    • By AdrianC 6th Mar 18, 2:16 PM
    • 17,602 Posts
    • 15,965 Thanks
    AdrianC
    "Does the OP have whiplash? I mean, there's a whole raft of different ways you could fraudulently try to ramp the claim, not just non-existent whiplash... "

    I am not suggesting any fraud, I am suggesting a straight and simple offer of settlement for the accident. That is what a full and final agreement is. It is to cover the losses suffered whatever they.
    Originally posted by caprikid1
    Great - so we're all agreed that if the OP really does have whiplash, then they're due compensation for that, but if they don't, then it shouldn't even be mentioned. And all they're due is the pre-collision value of their 1k 20-25yo BMW.
    • Carrot007
    • By Carrot007 6th Mar 18, 2:22 PM
    • 1,226 Posts
    • 1,051 Thanks
    Carrot007
    My thinking is even if I contest the payoff for say like 2-3 weeks they may just offer me more for the car as the car is worth only about 1000 and it will probably cost them 400+ a week for them to hire me a car.
    Originally posted by nubbz
    I was under the impression that you only get a courtesy car until it is written off for this exact reason. So you agree to a price quickly.
    • caprikid1
    • By caprikid1 6th Mar 18, 3:48 PM
    • 598 Posts
    • 599 Thanks
    caprikid1
    "Great - so we're all agreed that if the OP really does have whiplash, then they're due compensation for that, but if they don't, then it shouldn't even be mentioned. And all they're due is the pre-collision value of their 1k 20-25yo BMW. "


    If that's what you are happy with then fine, personally if someone trashes my pride and joy through not paying attention not sure why I should tolerate some desk jockey looking an outdated glasses guide that has no ability to assess the value of a car over 10 years old where condition , miles and service history can make a enormous difference in value and resale value. Sorry but when dealing with insurance claims on old cars and the fraudulent way insurance companies act you have little option but to use every option available to put yourself in the same pre accident position.
    • Car 54
    • By Car 54 6th Mar 18, 4:21 PM
    • 3,025 Posts
    • 1,898 Thanks
    Car 54
    "Great - so we're all agreed that if the OP really does have whiplash, then they're due compensation for that, but if they don't, then it shouldn't even be mentioned. And all they're due is the pre-collision value of their 1k 20-25yo BMW. "


    If that's what you are happy with then fine, personally if someone trashes my pride and joy through not paying attention not sure why I should tolerate some desk jockey looking an outdated glasses guide that has no ability to assess the value of a car over 10 years old where condition , miles and service history can make a enormous difference in value and resale value. Sorry but when dealing with insurance claims on old cars and the fraudulent way insurance companies act you have little option but to use every option available to put yourself in the same pre accident position.
    Originally posted by caprikid1
    The OP paid 1,000 for the car some time ago. It will be very difficult to persuade anyone that it has appreciated in value since then - the reverse is normally the case. As people have already pointed out, the money he has spent on tyres, brakes, etc. merely maintained its value: it would have been worth less with bald tyres and no brakes.
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