My car has been written off but it wasn't my fault - what can I do?

Someone reversed into my car from a car park space as I was driving along and crashed into the side of my car. My insurance company have said it is a write off and that my finance company won’t accept a “buy back” even though the amount on the buy back is more than what I owe on the finance. They are saying that as it’s a write off then they will pay out the amount owed to the finance company and then I will get the remainder (which is about £1000) but the car isn’t really a write off and I’ve just had a new clutch fitted so I don’t want them to take it off me. As none of this was my fault is there anything I can do? I’m finding it very confusing/stressful and have the feeling that I’m being conned but not really sure how or what the correct thing to do is.

Asked on 18 June 2019 by Veronica Carver

Answered by Tim Kelly
Tell your insurer that if the repair cost is less than the market value, that you insist they repair it. Your entitlement in law is here www.honestjohn.co.uk/insurance/coles-v-hetherton-w.../ inform them that this is your lawful entitlement and they cannot deny you this. If the do, they will be breaching the Financial Service and Markets act 2000 under the FCA regulations of ICOBS 8.3.3 By acting in conflict to your interest . www.handbook.fca.org.uk/handbook/ICOBS/8/3.html .

If the repair cost are more than the value, then the car is a total loss. The alternative is to use a claims management company, or Claim directly from the at fault insurer, Or issue proceedings yourself via the small claims court at the cost of repair.

Your insurer and the at fault insurer is liable for the cost of repair UP TO the market value. Do not let them tell you any difference, and make sure you control your asset. Make sure you remove it from the insurers garage or storage facility. Once they take control, it becomes very awkward to fight them.
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