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The repairs of my accident damaged car have been delayed - could the third party insurers refused to pay for my loan vehicle?
My 2016 Toyota Prius sustained rear end damage while parked. The third party admitted doing it and my insurers have put the matter into the hands of a claims management company. My concern is that it has taken nearly six weeks to complete these repairs because of problems getting parts and now the car needs recoding because of damaged sensors behind the bumper. Apparently there is a national problem with Toyota dealers’ computers. I have a replacement vehicle but am concerned the third party insurers may refuse to pay as they might argue that the delays on parts and recoding are not their fault?
Asked on 7 September 2018 by John Young
Answered by
Honest John
This comes under a law term called "the eggshell plaintiff doctrine". The defendant has to take the plaintiff as they find them - it is what it is. If these issues are outside of your control, the liable party for the "tort feasor" you have experienced is liable for these losses.
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