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You know when you’ve been Twingoed

My beloved 1995 Twingo was in a crash 2 weeks ago. I was not in the car and it was hit when parked by a 4x4 causing £1,700 damage. My insurer Norwich Union, new claims dept, assured me that they would fix the car regardless of its age (and this I checked and double checked) as it was quite clearly the other driver's fault and on her insurance. I suggested going to my own mechanic and managing without the courtesy car and also to give my faithful mechanic the business and let the woman pay for the damage but they said that the car would then need to be assessed and possibly written off and I would have no courtesy car if I went down that route. I agreed to go via insurance on the guarantee that they gave me that they would fix the car without any need for assessment. "Why should you be inconvenienced," was the comment. Now it has gone to an insurance claim and someone will have to foot the bill for the courtesy car but I think they have been negligent in their assurances. Must they honour their word on this? Nothing in writing but there is a recording of the conversation. Now the engineer is saying the car is a total loss. I have told the insurance of the guarantee they gave me and they want to listen to the original conversation. I do not want another car - my car is in roadworthy condition and I have looked after it well. Where do I stand given their mistake. A friend of mine who uses your site tells me that I can insist on the repairs as they guaranteed them and also they cannot palm you off with a bit of money but must replace like for like - ie another Twingo of similar age and mileage. The chap I spoke to yesterday described their actions as a "total cock-up"!!

Asked on 10 January 2009 by

Answered by Honest John
You will need to issue a summons using the small claims track of the
county court to the other party's insurer demanding that it restore you to the situation you were in immediately before the 4x4 did the damage and as far as you are concerned that means repairing your car or replacing it with another 1995 Twingo in the same condition and keeping you on the road in the meantime. Otherwise they will try to get away with paying you £400 for the wreck because that’s all the car was worth before the damage.
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