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Rubbish ZX
Two weeks ago, while driving my 1997 Citroen ZX, I was involved in a collision with a Land Rover Freelander. The other driver admitted liability to the police after losing control of his vehicle; which slid broadside into my vehicle head on. Apart from whiplash, a bruised chest and shoulders I was lucky not to have been killed. The passenger in the Land Rover had to be cut out of the wreckage and airlifted to hospital. My car was insured fully comprehensively. I didn't expect much of a payout for the total loss due to its age and have been offered £450. This does not provide sufficient compensation for the loss of my vehicle that was in very good condition for its age and had passed an MOT in August. I had spent around £500 on it in the last 15 months, as I hoped it would last me for one more year or possibly two. Unfortunately I am unable to locate the receipts for the work done. I am a student at University of Cumbria, residing away from my home in South Gloucestershire. I work part time at a fast food chain to help with my subsistence and I have to borrow money for another car, probably five or six years old. I guess I just have to accept that market value does not come near compensating me for the loss of a reliable vehicle. I am out of pocket following an accident caused by no fault of my own. Am I stuffed, or is there anything else I can do, apart from haggling with the insurance company to possibly obtain another £50 or so?
Asked on 9 January 2010 by S.H., Bristol
Answered by
Honest John
They have to put you in the position you were in before they did you the damage, whether financially or by physically providing you with an
equivalent replacement car. Clark v Ardington 19-4-2002. If the financial offer does not cover the cost of an equivalent car, then you can challenge it, suing the other driver for the 'reasonable cost' using the small claims track of the county court if necessary (though this could take 8 months to a year).
They have to put you in the position you were in before they did you the damage, whether financially or by physically providing you with an equivalent replacement car. Clark v Ardington 19-4-2002. If the financial offer does not cover the cost of an equivalent car, then you can challenge it, suing the other driver for the 'reasonable cost' using the small claims track of the county court if necessary (though this could take 8 months to a year).
equivalent replacement car. Clark v Ardington 19-4-2002. If the financial offer does not cover the cost of an equivalent car, then you can challenge it, suing the other driver for the 'reasonable cost' using the small claims track of the county court if necessary (though this could take 8 months to a year).
They have to put you in the position you were in before they did you the damage, whether financially or by physically providing you with an equivalent replacement car. Clark v Ardington 19-4-2002. If the financial offer does not cover the cost of an equivalent car, then you can challenge it, suing the other driver for the 'reasonable cost' using the small claims track of the county court if necessary (though this could take 8 months to a year).
Tags:
liability
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