Putting the boot in

My father had someone go into the back of him last week, a company car driver. He has had an estimate for repair and the insurance company have deemed the car a write off. The car is pristine except for the damage at the rear that the crash has caused. His Rover has done 32,000 miles, purchased from new in 2001. He is 80 years old and does not really want to use up his savings on another car. Can he buy his back from the insurance company? I also do not want him to have the stress of choosing and buying another car, etc. What are his options??

Asked on 18 July 2009 by

Answered by Honest John

Depends on the relative costs of repairing the car v/s its value. He always retains the right against the other driver to be put back into
the situation he was in immediately before the damage was done. So as long as the cost of the repair is "reasonable", he can refuse to allow the other driver's insurer to write the car off and can use the
Small Claims Track of the County Court to sue the other driver for the cost of the repair. If he gets a judgement in his favour, the other driver's insurer will be forced to pay. But he MUST act quickly, BEFORE the insurer records the car as a write off.

Tags: insurance write offs legal issues small claims court

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