I . Do I have the right (even though it's currently sat at their approved centre) to insist that it's taken to a VW Bodyshop for repair?

Any advice or negotiation tips would be much appreciated.

Many thanks, Chris

Yes you do, you can insist on taking it to any repair shop you choose.

Check with your insurance company. Some specify that they'll only pay out the cost of repairs when carried out at their specified bodyshop. If you elect to take it somewhere else and it's more expensive, then you have to pay the difference.

When someone ran into the back of my BMW, the only local bodyshops on the list were Ford and GM - the nearest BMW bodyshop on their list was 25 miles away, so there it went, collected and delivered by the bodyshop.

Edited by Andy P on 18/05/2011 at 09:17

Firstly it depends whether the accident was your fault or not.

There seems to be some dispute over liability here.

Head-on collisions (especially on narrow lanes) are often deemed to be 50:50 if there are no independent witnesses unless you can show from skidmarks that the other driver was speeding or over the central line.

My insurance colleagues offer a free liabilit and accident investigation service so if you give me more details of the accident via asklucy@honestjohn.co.uk I will be better able to assess liability.

The reason liability matters is that if the other driver can be shown to be at fault then you have much greater control over where your car is repaired as you should be making the claim directly against the third party insurer.

By doing so you can choose who undertakes the repair - HOWEVER - you are under a duty to mitigate your costs so if the third party can show that the vehicle could have been repaired to a similar standard at a cheaper price elsewhere but you still insist that the VW dealer undertakes the repair then you will have to cover the difference between the prices. Moreover the costs of moving the vehicle to your choice of repairer can be covered and a courtesy car provided.

Dealing directly with a third party insurer is not for the faint-hearted especially if liability is disputed so if you need help with this, again come back to me

In the event that you were at fault, or partially at fault, and hence expect your insurer to provide a courtesy car and settle the claim you are in a considerably weaker position and most insurers put barriers up to persuade you not to go outside their repairer network.

These typically include refusal to prrovide a courtesy car (which is legal) and others which may be of more dubious legality.

If the accident was your fault (or partially your fault) and you press the issue of where you want your car to be repaired then most insurers will accommodate you. But again if the estimate is considerably higher than somewhere else which could reasonably be expected to effect a decent repair then you could face the bill for the difference.

From attempting to communicate by email with you earlier I understand liability is disputed in this case.

As I explained there are significant benefits in leaving your own insurer alone and instead claiming directly from the third party insurer.

Specifically these are:

• no requirement to pay policy excess
• no requirement to cover loss of no claims if renewal occurs within the period before the claim is settled

In consideration of the circumstances our liability specialists offered to provide support to your claim that the third party was responsible for the accident. They would have done so free of charge but you chose not to use them, preferring the support offered by your insurer.

By choosing to claim directly through your insurer you will have contracted to pay the full amount of your excess until such a time as liabilty is agreed. To answer your specific question it makes no difference whether the car is written off or not you still have to pay. Furthermore in circumstances similar to your accident 18 months to 2 years is not unusual to reach agreement. Significantly as you will also lose your no claims discount (or at least a life) if renewal comes up before liability is settled.

So it should be a no brainer really.

There is also a possibility that you will be charged an uplift in premiums in any event because drivers involved in accidents - even when they are not at fault - are deemed to be a greater risk than those who have had no collision.

Furthermore (and going back to your original question) had you been in a position whereby the vehicle could (or can) be repaired then your insurer could have demanded that it was repaired with their "approved repairer" rather than your preferred VW Bodyshop.

So we cannot help much if you seek good advice, get it and then refuse to follow it.

We deal with the third party insurers on your behalf.

We take a view on the risk and the issue of fault and the bill goes to the third party insurer if we get it right and we absorb the costs if we get it wrong.

Contact me at asklucy@honestjohn.co.uk if you wish to use the service.