Ok, so my other half had an accident a couple of weeks ago - Completely not her fault - an old lady where she works reversed out of a parking space straight into the side of her car. She was stationary chatting to someone outside the car with the handbrake on at the time. Liability was accepted by the 3rd party, and she has a witness (who was also nearly knocked over in the process of the accident!).

So - She was given a hire car in the meantime whilst this "claims company" sorted out the bits and pieces.

Two weeks later and she had heard nothing. So she contacted the Garage this morning, to be informed that the car had been written off (54 plate, MINOR nearside door and wing damage - only consequence was that she couldnt open the passenger front door!).

She spoke with the Broker (AA) who advised that was the first they had heard, and they contacted the Insurance company. Was the first they had heard too. No-one has been spoken to (3rd party etc etc) about the accident itself.

So - Phone call this afternoon from the Claims management company, saying they were sending the hire company to retrieve the hire car, and that her car would be delivered back "sometime" tomorrow (no good to her since she in on call 24/7. When she told them this the reply was "not our problem".

So - my questions are....

1. Can they do this?

2. If she has been advised that it's a Cat C can she legally drive the car if it does arrive back tomorrow?

3. Can she apply pressure on with the broker (AA - who agree with her entirely) or the insurance company direct (who she hasnt spoken to yet) to get the situation sorted, and ideally who should this be with??

I know if it was me and i was fully comp i would be insisting on a full fx from the 3rd party (i didnt think that you could get a beyond economical repair if you were fully comp and the other party were liable - isnt it down to your insurers just to fix it and recover from the 3rd party??!!!)..

thanks in advance for any advice!!

Paul