A delivery moped hit my son's car - should the company that employ the rider pay for the damage?

My son bought a used SEAT Leon FR from a friend two weeks ago for £2000. It was in excellent condition with a full service history. On Thursday, two young lads on pizza delivery mopeds came to his place of work to make deliveries and decided to race each other round the company's private car park. One of them hit a speed bump and crashed into my son's parked car, severely denting the front wing and cracking the bumper; the Leon had to be jacked up by the AA to remove the wedged bike. My son has had a quote of £1600 to repair the damage, meaning the car is likely to be called an economic write-off by Papa John's insurers. The car is still drives well and the whole incident was recorded on the company's CCTV. It's unfair that my son should have to buy his car back from the insurance company, if it is written off, and to deal with all that hassle himself (his own insurance is third party). He also has to have a car for commuting daily from Norfolk to Cambridge. So, should Papa John's pay for any damage and inconvenience, and restore my son to his original position with regard to an unblemished car? Is there any legal route my son could pursue such as the Small Claims Court, if necessary?

Asked on 19 March 2018 by MIKE BOTTING

Answered by Tim Kelly
Firstly, do not deal with the at fault party's insurer directly. A vehicle is only ever a total loss when the repair cost is more than the market value. If this isn't the case, insist on it being repaired. Your son's entitlement is here: www.honestjohn.co.uk/insurance/coles-v-hetherton-w.../

Do not listen to what the insurer says, your entitlement is there. Constructive total losses do not exist. If your son claims via his own insurer, and they advise we only pay up to a certain amount of the market value, ask them to highlight where in the contract of insurance they can limit their indemnity to less than the market value. No reference is also made in the new salvage code to constructive total losses. It is your son's car, he decides what happens to it. He is also entitled to another vehicle whilst the claim is ongoing, and any out of pocket expense and inconvenience incurred. Stick to your guns, do the above. You could always claim via a solicitor or regulated claims management company.
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