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Recouping losses after an accident
One week before a non-fault accident I spent £700 on a service which included 4x new brake discs and 4x new brake pads.
Diamond insurance has written off my car (they did not confirm whether this is what I wanted to do).
As I understand, they should be offering me an amount of money to replace my vehicle as was before the accident, therefore I believe that this should include an amount to reflect some of the money that I spent before the accident, or would at least allow me to buy a similar car and put new brake discs and pads on.
They are dismissing this as maintenance, I see 4x new brake discs and pads as increasing the value of the car, especially as it was only 1 week before the accident (non-fault).
I understand that the settlement should allow me to be put back in a vehicle of the same standard as before the crash, and what they are offering me wont allow me to do that.
Is there any way that I can recoup these loses?
Diamond insurance has written off my car (they did not confirm whether this is what I wanted to do).
As I understand, they should be offering me an amount of money to replace my vehicle as was before the accident, therefore I believe that this should include an amount to reflect some of the money that I spent before the accident, or would at least allow me to buy a similar car and put new brake discs and pads on.
They are dismissing this as maintenance, I see 4x new brake discs and pads as increasing the value of the car, especially as it was only 1 week before the accident (non-fault).
I understand that the settlement should allow me to be put back in a vehicle of the same standard as before the crash, and what they are offering me wont allow me to do that.
Is there any way that I can recoup these loses?
Asked on 18 September 2012 by Hevans
Answered by
Honest John
Unfortunately not. Case law has determined that paying you 'market value' of the car puts you in the position you were in before the damage to your property was done. it's wrong, but that's the situations.
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