Our car was written off - can we claim for the roof bars we've had to replace?

We had our car written off (not our fault) and had to buy a new one. We use a roof box when we go on holiday each year and so I had to buy new roof bars as the new car has a different type of roof rail. The other side's insurer has paid out for the claim in full except they won't pay for new roof bars. I have provided proof of purchase for the old ones and the new ones with photos. Our own insurer's legal protection team says they don't think it's worth pursuing the claim for the new roof bars so advise we just forget about it. Am I entitled to claim for this loss since I am out of pocket due to the fault of the third party, and should I pursue the third party personally through the courts since their insurer won't pay out?

Asked on 22 January 2019 by Andrew Tait

Answered by Honest John
As an out of pocket expense, yes you are entitled to claim for the roof bars as you no longer have the benefit of those you had. It is reasonable in the event of losing your car, you will replace it with something different, and it follows if you had roof bars on the old car that you will need them on the new one. I would argue the same applies to tow bars. Your insurers legal protection should be doing this for you, they are just being lazy, if you have paid for legal protection, they should be obliging their contract. I would certainly pursue the third party individually for the loss.
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