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Prangs
Can you help please? Last Tuesday my wife was involved in a motor accident. She had stopped, indicating right, intending to pass through a dual carriageway intersection when her car was rammed by a Mazda causing very serious damage to the OS/R of her car. Her car is a MK2 Laguna, very low mileage (52k) and was immaculate even being a 51 reg. The 3rd party's insurance, Direct Line, has admitted full responsibility in writing. Their assessor who called today even remarked how good it was before writing it off. He has filed his report to Direct Line suggesting “around £2,000.” He estimated repairs if possible at about £4,500. I believe years ago you suggested that where one is not satisfied with a settlement, it may be possible to sue the 3rd party in the county court in order to purchase a vehicle of equivalent condition. Even putting a large amount to this sum offered, it may not be possible to replace the car as there probably is not one around. As we are completely blameless in this, I feel it is quite wrong that we may have to spend a considerable sum in order to buy a similar type of car that equates the one we have lost. Any suggestions you may have will be greatly appreciated.
Asked on 9 January 2010 by TS, Leicester
Answered by
Honest John
Unfortunately the courts do not agree with me and have ruled that “putting a car owner back in the same position they were in before the damage was done” can be achieved by financial compensation rather than by repairing the car. That financial compensation only has to be enough to buy another car privately. Grossly unjust, but the courts have overruled my sense of fair play over this matter. What you can do is prove by screen dumps of private ads on autotrader, etc, that it is not possible to buy an equivalent car even privately for the money and therefore the financial settlement offered does not compensate.
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