Subaru Impreza GX 2.0 AWD - No Fault accident - Insurance co. write off car

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Fri 23 Mar 2012 02:54
Subaru Impreza GX 2.0 AWD - No Fault accident - Insurance co. write off car - zilphia

I bought my Subaru in Nov 2011. It is a Y reg, but has a very low mileage for a car of this age (57,500) and was in perfect condition inside and out. A few days ago I was involved in an accident which was not my fault. A courier van hit the side of my car whilst trying to overtake another van (which he also hit) on the oncoming side of the road, which was signalling right. The courier van driver immediately admitted full liability and signed a piece of paper at the time of the accident to say so. The damage to my car is cosmetic only. It is completely driveable. The wing mirror was damaged, the off-side rear passenger door dented (but not badly), wheel arch damaged slightly and the rear bumper has a small crack in it.

My insurance company wanted to write my car off without even inspecting in, due to its age. They do not take the low mileage into consideration. I do not want it written off, and when I told them this they said that I would have to speak to the underwriters of the policy and see if they would be willing to discuss repair options with me.

The underwriters are sending an engineer round to inspect my car, but have also said that it is likely to be written off. I have asked them what market value they place on my car. They confirmed that they use Glasses guide, but again low mileage of my car will not be considered. I have told the underwriters that I do not want the car scrapped and that I will be keeping it whatever. They have said that in that case they would pay me a settlement fee based on Glasses guide, but would deduct my excess (£425) and a salvage fee (which they say is 17% if they deem my car less than £1000, or 23% if they deem the value greater than £1000). I am unlikely to receive anything like enough to cover the repairs.

But it seems crazy that they should refuse to pay for repairs when the accident was not my fault and can write off a car which is perfectly driveable and fully repairable. Surely in this no fault case where the 3rd party has admitted full liability, I am entitled to have my car repaired to it's pre-accident state, and the costs of the repairs should be borne by the 3rd party? Is it right that I will be out of pocket due to an accident that was not my fault?

I would be very grateful for any advice on my rights in this situation as I feel that my insurance company is taking me for a ride! I am even considering withdrawing my claim completely since it seems easier and hardly any more expensive!

Thanks very much

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Fri 23 Mar 2012 06:18
Subaru Impreza GX 2.0 AWD - No Fault accident - Insurance co. write off car - Armitage Shanks {p}

In the situation you have described the descision to write off your car is not down to your insurance company but that of the courier van driver who has admitted responsibility. Your insurance company should be justifying the premium you paid them, to act on your behalf to get a proper and fair settlement from the responsible driver's insurers.

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Fri 23 Mar 2012 10:32
Subaru Impreza GX 2.0 AWD - No Fault accident - Insurance co. write off car - tony g
Hi zilphia ,you're not obliged to deal with your insurance company or the couriers insurer .

Because the courier driver has admitted liability ,you can pursue him and his employer for the damage to your car .

The first thing to do is obtain two quotes for the repairs to your car .Send copies of the quotes to the owner of the van ,enclose a letter that says you intend to have your vehicle repaired / returned to the condition it was in before the accident occurred .Youre legally entitled to that .

What should happen is that the van drivers insurer will get in touch with you to try and negotiate .Dont do it .Write to the vans owner telling them that you will issue a claim through the small claims court if they don't pay.They will then pressure their own insurer to pay you .

The small claims court is a simple process ,if you decide to use it ,get in touch .Forum members will advise on how it's done .

Good luck

Tony g
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Fri 23 Mar 2012 11:49
Subaru Impreza GX 2.0 AWD - No Fault accident - Insurance co. write off car - Armitage Shanks {p}

Thanks tony g - that is rather fuller and more helpful input than mine!

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Fri 23 Mar 2012 18:35
Subaru Impreza GX 2.0 AWD - No Fault accident - Insurance co. write off car - dacouch
Hi zilphia ,you're not obliged to deal with your insurance company or the couriers insurer . Because the courier driver has admitted liability ,you can pursue him and his employer for the damage to your car .

The first thing to do is obtain two quotes for the repairs to your car .Send copies of the quotes to the owner of the van ,enclose a letter that says you intend to have your vehicle repaired / returned to the condition it was in before the accident occurred .Youre legally entitled to that .

What should happen is that the van drivers insurer will get in touch with you to try and negotiate .Dont do it .Write to the vans owner telling them that you will issue a claim through the small claims court if they don't pay.They will then pressure their own insurer to pay you . The small claims court is a simple process ,if you decide to use it ,get in touch .Forum members will advise on how it's done . Good luck Tony g

His own Insurer, the third party Insurer, the courier driver or his employer are not liable to repair the car irrespective of cost.

They only have to put the OP in the same place he was before the accident, they are not liable to pay more for repairs than the car is worth

Edited by dacouch on 23/03/2012 at 18:35

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Fri 23 Mar 2012 19:54
Subaru Impreza GX 2.0 AWD - No Fault accident - Insurance co. write off car - tony g
(They only have to put the OP in the same place he was before the accident, they are not liable to pay more for repairs than the car is worth)

(The wing mirror was damaged, the off-side rear passenger door dented (but not badly), wheel arch damaged slightly and the rear bumper has a small crack in it)

Hi da (,they only have to put the OP in the same place he was before the accident) that's correct .No ones suggested that the OP is expecting thousands more to be spent repairing the car than its value .According to the OP the difference is minimal .Why should he lose the use of what sounds a perfectly good car and be left with a minimal amount of money to replace it ? He's not responsible for the accident he shouldn't suffer as a result .ive been to the small claims court a couple of times on issues like this ,judges are generally sympathetic to claimants ,especially where insurance companies are involved .




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Fri 23 Mar 2012 21:22
Subaru Impreza GX 2.0 AWD - No Fault accident - Insurance co. write off car - dacouch

You said "The first thing to do is obtain two quotes for the repairs to your car .Send copies of the quotes to the owner of the van ,enclose a letter that says you intend to have your vehicle repaired / returned to the condition it was in before the accident occurred .Youre legally entitled to that ."

A laymen could inteprete that is being the car has to be repaired irrespective of the cost of thr repairs in relation to the value of the car.

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Fri 23 Mar 2012 22:20
Subaru Impreza GX 2.0 AWD - No Fault accident - Insurance co. write off car - tony g
(The wing mirror was damaged, the off-side rear passenger door dented (but not badly), wheel arch damaged slightly and the rear bumper has a small crack in it)

Sorry no ,that's your misreading of the OP .Its clear that the car is not extensively damaged ,and is capable of being repaired at a cost approximate to its value.

The way I read the issue, is the insurance company is trying to save itself a few hundred pounds . For them to be able to do that the op has to lose out .

Insurance companies are not benign organisations ,they will take any opportunity to reduce costs .How often do you hear of an insurance company increasing its offer when a claimant rejects their first offer ,with evidence to back up his claim .

Tony g
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Mon 26 Mar 2012 11:34
Subaru Impreza GX 2.0 AWD - No Fault accident - Insurance co. write off car - TeeCee

Another option here is to let 'em write it off and buy the writeoff abck from them. The settlement would then be the difference between the writeoff value and what they want for the "scrapper".

Then you get a local bodyshop to fix it for cash, using scrap parts for the mirror, bumper etc.

It should only be written off as Cat D as there's nothing seriously wrong, so no need for expensive inpections etc to get it back on the road.

It's quite possible to end up a few quid to the good with that approach.

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