What are my insurance rights?

The road conditions were icy and the car didn't stop when I applied the brakes. As a result, I collided into an approaching vehicle (single file road). The approaching vehicle could stop. I accepted this to be my fault.

I called the insurance company, which recovered my car and sent it to a approved repair centre. A week later the insurance company called me and said that they will not authorize the repairs. The cost of repairs was much less than market value. However, they offered me a fixed money in lieu and asked me to get the car repaired at a garage of my choice.

I refused this option as a garage of my choice could quote more for repairs and insurance company said that they wouldn't cover additional costs.

Upon further investigation with accident repair centre, they informed me that they would repair the car but wouldn't guarantee the paint job on the right wing of the car (this part of car was not damaged during accident but has to painted over to blend in for the new bonnet and left wing).

Apparently a previous paint job was done on the right wing so this accident repair centre couldn't give 5 year guarantee for the blending in job they would have to do. So they told the insurance company to replace the right wing.

This was the background on why insurance company wouldn't authorize the repair and wanted to give me a fixed amount. I said that I wouldn't need guarantee for the paintwork done on the undamaged part but insurance company are refusing to give me options.

If I listen to them and take the fixed amount, I will have to spend a lot out of my pocket to move the car to a new garage, spend on my transportation because they will take away my replacement car.

What are my rights here? I am paying for a comprehensive insurance but insurance company are trying wash their hands off this claim.

Asked on 20 February 2013 by matrix1781

Answered by Honest John
Your insurer can write your car off and give you 'market value' for it (which translates to a bit more than trade price but not retail price). Or it can not write the car off and make you the offer it has made, which is probably your best option. Your choice. You have no right to any more than this.
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