A driver admitted to damaging my daughter's car - who has first right to repair it?

A driver reversed into my daughter's Land Rover Discovery 4 and confessed. Who has first right to repair the damage: the guilty driver, my daughter or her insurer?

Asked on 21 March 2017 by hector maclean

Answered by Tim Kelly
Any claim where you're the injured party is covered under "tort" law. Your daughter's entitlements to the claim are covered here fenchurchlaw.co.uk/coles-v-hetherton-implications-.../ The car is your daughter's car, so she has the right to say what happens to it. She can either go through her own insurer, where she is then bound by contract, but can complain to the Financial Ombudsman services if not happy. She has different entitlements under tort law to contract. The above case law explains and she may be better served going through an accident management company. Should she need to complain about their service she can complain to the Legal Ombudsman Service. Should she deal directly with the at fault insurer, there is no system in place for redress should she not be happy.
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