Why won't my wife receive the full value of her written-off Mazda 323?

My wife's car was a 1995 Mazda 323 with 70,000 miles with FSH and in good condition. She loved it, put a personalised number plate on it and had intended to use it until she is too old to drive. Now it seems likely her insurance company will tell her it's a write-off because the cost of repairs (I guess £1500 to £2000) will be more than its value. So she will have to find several thousand pounds to buy a replacement, which she doesn't want, even though the accident was not her fault. Where is the justice in that and can she get the offender's insurance company to do something by way of compensation? If it is written off, what can she buy? She wants all the features of the Mazda, but they don't make 'em like that any more. She wants a good looking 5-door hatchback, auto, A/c, 1,300 cc, 3,000 miles per year, room in the boot for her golf trolley, reliable.

Asked on 14 December 2013 by RP, via email

Answered by Honest John

First thing, she must transfer the cherished registration to a retention certificate before the car is written off or she will lose the reg. There's nothing she can do about the insurance because the county courts have ruled that paying 'market value' puts the claimant in the position he/she was in before the damage was done. You would need to spend £100,000 or more appealing to a higher court to get the ruling over-ruled, and because you will be fighting the might of the insurers you will probably lose. It's morally wrong, but that's the way it is. Replace the car with a Honda Jazz CVT-7.

Tags: insurance accidents write offs claims

Similar questions

I'm worried that my 1994 Toyota Estima may be written off after an accident - how can I avoid this?

At the entrance to a roundabout, I hit a W-reg car which had stopped and then was heavily hit from behind by another 08-reg car. My insurance company has told me it will give me a car to drive whilst mine...

Why am I being charged a 'salvage cost' to get my written-off car back from the insurance company?

First of all thanks for your reply recently, where my car was written off and the insurance company sent it to salvage with out informing me and refused to give me the car back. With your advice I managed...

A driver hit my car and admitted liability - why am I now being taken to court for a counter claim?

I was involved in a car accident last year and the other party admitted liability. His insurance company rang and confirmed liability both to me and my insurers. My insurance duly paid for all the repairs...

Related models