Hi guys my first post and i have bit of a dilemma!!
Recently i was involved in an Road Traffic Accident and to cut a long story short it was the other guys fault, his insurance company have admitted liability so they suggested i go and get a quote for my car to be fixed and get it faxed through to them by the body repair shop!!....now i have a T reg Hyundai Lantra which has only done 80k is in pristine condition and runs like a dream ...old but my pride and joy!! now what needs replacing is the rear door skin which i have just been informed by the body shop that it could technically be more than what the cars book price is worth!!...so the insurance company will more than likely say it's beyond economical repair ...blah...blah...blah......but for me to replace this car with something as reliable with as low milage and condition ...i'd at least be looking at 2k...when in reality the 6 or 7 hundred pound repair is probably more than the car is worth (book price)...so i haven't had any feedback from the body shop or the third parties insurance company as to whether they'll deem it a write off or they'll repair it at the given quote from the garage BUT...what sort of out come can i expect here guys in your extensive knowledgeable experience?...will i get near to the 2k what the condition and milage dictate the car is worth to me or will i get screwed on this by the insurance company with some useless payout of around the book price?
Cheers spidermonkey.
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You will be screwed. they will offer you £400, I reckon. So try and buy it back as scrapped and reapir it yourself.
It is always the same with bangers, you never, ever get what the car is worth , to you.
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www.honestjohn.co.uk/faq/faq.htm?id=33
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Pretty sure if its not your fault (and they agree), then the insurance company has to put you back in the same situation you started in. If you want the car repaired, then they have to do it, no matter what the cost to them (within reason i presume).
Also, even if they write it off, you get to keep the car and do as you wish with it.
This happened to us in a Volvo 960 we bought to do a banger rally in. It was written off the day before we were meant to leave, so the Insurance paid out full market value (IIRC £1500). My co-driver then got it repaired (only needed a new rear bumper and light cluster), and drove around in it for 9 months before scrapping it due to multiple faults found at MOT time.
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You are entitled to receive damages from the other driver sufficient to put you back in the same position as you were before the accident. His insurer can either pay for the repair or find you a car identical to the damaged vehicle. They cannot "write off" your vehicle. I expect they will pay of the repair as long as it a reasonable price for the job.
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Ok thanks for your replies guys, i guess i shall find out over the next few days in any case, i'm just one of these people that takes care of their car, it's got a fresh MOT new tax and every time it sales through the MOT the garage always comment on how it's the best example they've seen in quite some while, i mean ideally i'd like to be placed in the position i was before the accident, which is with an immaculate Hyundai Lantra (my Lantra)...so hopefully they'll fix it...but i recall in my original conversation with the third part insurer that if it's deemed to be beyond economical repair they'd let me keep the vehicle and give me a cash settlement ie: probably about 500 quid...and then i could re register it as on the road but un damaged and in near mint condition as it was i could have easily got £1,500 by flogging it in the local free ads round my area!! but with a dented rear door, it makes it literally worthless so a £500 quid payout and a dented car which i'm unable to sell is a crud deal!
People will only pay top dollar for a car that age if it is near perfect, so i reckon i'm well going to lose out.
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As has already been pointed out, the third party's insurance company cannot write your car off, they have to fund the cost of the repair irrespective of the value of the car. So stand your ground and get your car fixed.
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The third party insurer CAN write off your car and from what the OP has said, more than likely will. To say they have to replace the car with an identical one, or pay you an inflated market value is nonsense. At the end of the day, despite the car being in good condition with a lowish mileage, it's still only worth book value.
However, as the route of least hassle the insurer is likely to be happy to settle your claim at the car's fair private sale value (which will not be anywhere near £1500!) and sell the car back to you for it's the value they would get from their salvage buyers, or alternatively give you a cash sum in lieu of them carrying out repairs, depending on the salvage category they put the car in, which most likely will be cat D. There will be no need to re-register the car, but it will show up on HPI as a previous total loss.
I might be a newbie (but long-time lurker) on the site, but I've been a motor insurance claims handler for 10 years.
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You should be able to get a replacement door for about £60 on ebay ... if the car is as good as you say and this is all that is wrong with it, then get your £500 (press for £750) and buy the car back for £100 or so.
Then replace the door yourself and you're back on the road with cash in the back pocket.
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Oscar873 as a claims handler of car insurance you will know that on this year and type of model it would be classified as a cat c or even more likely a cat b seeing as doors or door skins are unavailable as a cat c it would need a vic before it can be retaxed and also the owner would need to pay approx 10% of a settlement offer to buy his vehicle back.
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Think it very unlikely a cat B as it hasn't sustained enough damage to prevent it going back on the road. More likely category C or D, as you say if cat C would need a VIC check before going back on the road.
The OP would be better (imho) to accept a cash settlement in lieu of repairs and get a secondhand door from a breakers, then there is no total loss history on the car or need for VIC check after. I'm not familiar with the parts supply situation of older Hyundais though, and bow to your superior knowledge of this.
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Yeah thats probably what i'll do given the chance then Oscar, accept a payment from them and get a door from a scrappy, hopefully i can match the colour!! all hassle on my part though and considering the accident wasen't my fault the whole system seems a tad unfair, they should by rights make sure the innocent victim of a third party claim be reinstated to a position he/she was before the incident...we all certainy pay alot of money to these insurance companies over the years and i have my vehicle down as being worth 2k to me on my insurance policy albeit a third party fire and theft one!
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I'm still wondering on what legal basis the third party's insurance company can write the car off? They don't own the car, the OP (presumably) has no contract with them, so how can they do it?
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my mother in law had the same issue...
driving a D reg ford escort 1.4 Bravo and got ramed from the back.
bend exhaust and rear bumper split, and tail light smashed.
other driver admitted driving to fast, he lost it on flood water and skidded in to the rear of the car.
the insurance company in the first instance wanted to write the car off,
but as my MIL had owned the car from new and it only had 43k on the clock with a full ford service history, in the 10years shes'd owned it....
of course the main dealer prices plus labour and paint shop rates would have written the car off.
she found a local garage willing to fit 2nd hand or pattern part to the escort to reduce the price, and the insurance company agreed to the new payout...job done....
paul.
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