Side rule

Advice please. My daughter’s car was hit side on by an old lady driver who admitted total liability (she said she never saw her car coming). An insurance guy came to see my daughter’s car, an S reg Vauxhall
Sintra, damage to front passenger door, rear sliding door and rear panel. They want to write it off. But as she has 5 kids it is ideal for her and she just wants it repaired. Where does she stand legally? Are they legally bound to repair the car, or not?

Asked on 15 August 2009 by

Answered by Honest John

Depends on the relative costs. If it's ridiculous, say £2,500 to repair a car worth £1,000, then her case falls apart. But if it's "reasonable", say £1,500 to repair a £1,500 car, or even a marginal £1,500 to repair a £1,000 car, then she could try suing the other driver using the small claims track of the county court. Inform her, her insurer and your insurer that is what you intend to do before you start, and they may settle out of court.

Tags: insurance write offs legal issues

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