Can my insurer write off my car from an accident that wasn't my fault?

I was rear ended a few weeks back and the other driver has admitted full liability. The damage to my car didn't look too bad and I had someone come out to take some pictures last week. I've had a call today to say my 2009 Renault Megane, probably worth around £5000, with low mileage and a nice body kit on it, has been deemed unworthy of repair. I can't see how the car was deemed unworthy of repair from a few pictures when it was just scratches, a cracked bumper and a broken front splitter. What can I do now? Do I have to accept that this is the case or are they liable to fix my car given that she has admitted full liability?

Asked on 3 April 2017 by Kerry

Answered by Tim Kelly
Firstly, how are you claiming? Are you claiming through your own insurer or directly through the at fault party's insurance? You have different entitlements depending on how you make a claim. Your "lawful" entitlement for the loss you have sustained is here :fenchurchlaw.co.uk/coles-v-hetherton-implications-.../

Your best way to claim when it is not your fault, is to claim through an FCA regulated claims management company, or through a solicitor. Claiming through your own insurer or through the other parties insurer directly has it's pros and cons. Through your insurer, you are bound by contract but can complain through the Financial Ombudsman if you're not happy. If you claim through the at fault insurer directly, you have no contract and are not bound by any agreement. They should, but don't always, offer you your full lawful entitlement outlined above. Should things go wrong, you have no entitlement to complain to the FOS when dealing with the at fault insurer directly. The first point to make is do not agree to anything at this point. What is it you want? Do you want your car repairing or for it to be dealt with as total loss if you get the best settlement? Whom ever you are dealing with, ask them for a copy of their engineers report, or "their engineers version of their Audatex report", and if the repair costs are less than the market value, you can insist on it being repaired.
Similar questions
My wife is due in court in July for an accident that happened in December 2015. She turned right on roundabout (already negotiating around) when a car towing another vehicle (the tow rope was so long,...
I have been unfortunate enough to be involved in an accident. My Ferrari has an agreed value over £200,000 and repairs are circa £90,000 - however I don't want it repairing. I will not have confidence...
I had an accident on 10 October 2016. It was a foggy and wet morning, around 6:20am, and vision was around 100 - 150 metres. So I was using my front and back fog lights. A driver was tailgating me and...
Related models
Soft riding, yet fine handling hatchback with superb steering. Improved for 2012 with new 1.2 TCe 115 petrol engine.
 

Ask Honest John

Value my car