Credit (hire) crunch

I have been involved in a non-fault crash where the third party has driven into me at maybe 35 – 40mph, when I was stationary in a queue of morning traffic. The police were involved and she is being prosecuted for driving without due care and attention. The third party and her insurers have admitted liability and I have gone with a claims specialist to claim damages to my car. The claims specialist’s engineer has come out and looked at my car on my drive and declared it a Class B write-off (bodyshell must be crushed, car must never reappear on the road, but can be broken for spare parts plus any residual scrap metal). I am not an engineer, but the damage appears to be back bumper and crunched boot panel underneath. It drives fine and I have been under my car and all else looks fine. No twisting and no other damage. My main problem is that they have valued the car at £100. I have argued that I have just spent £300 to get it through its MoT to have 12 months motoring with a car I know and trust as a sound reliable car and they asked me to send info of cars on market to prove that you can not buy a Mondeo of similar age with 12 months mot for £100. I have done this, and they will not budge on price. The cheapest car of P reg and older with 12 months mot was around the £450 mark, and the cheapest car in the breakers yard with no mot and in a worse state than mine was £250.
Now I am stuck. They take the hire car off me on Monday and I have no car or money to get a car and will not be able to get to work.

Asked on 22 August 2009 by

Answered by Honest John
It reads to me that you have simply been used by a car hire operator to rip off an insurer for the hire of the temporary replacement car and that is all they care about. Unfortunately, the recent Leeds County Court of Appeal Judgement (Copley v Lawn and Maden v Haller 17-6-2009) concerns itself only with the cost of the replacement hire car, not the need for it nor the handling of the rest of a no-fault claim. So, until another case against crash management operators is taken to appeal none of us have any defence except to refuse ever to have anything to do with any intermediary who steps in between us and whoever did us the damage. All we can do is use the small claims track of the county court to sue the third party directly to put us back in the situation we were in before they did us the damage, which, in your case, is into a P reg Mondeo that hasn't had the bumper and boot panel damaged.
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