Write-off offer - is it right and fair? | Ask Honest John

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Write-off offer - is it right and fair?

My Jaguar XF 3.0 Diesel was written off when stationary at a junction - no blame whatsoever. It was a July 2010 Luxury model owned from new with 54,000 miles, FSH and very high spec. The dealer, Statstone, tells me it is worth approx £20,350.

Neither Jaguar nor Autotrader have a similar specified car available, for me to obtain comparable values.

LV has made a first offer of £18,000, which I have rejected as I can't replace my car with anything near the specification for that figure. I await a response from LV. Also I've changed all my previous cars after three years.

If I replace my written-off car with another 2010 model it will be worth less as a trade-in as it will have had two owners - do I have the right to compensation for this and if yes, how much would you suggest? Can you please advise what my rights are?

Asked on 4 December 2012 by Allan from Studham

Answered by Honest John

The only rights you have are to be put back into the position you were in before the damage was done. And that has been interpreted by the courts to be to be paid the 'market value' of the car that was destroyed. Unfair, but case law as it stands. Here are some recent auction prices for XF diesels:

16-11-2012: Jaguar XF 2.7D Luxury, lthr, 2008/58, 50k miles £12,600s

05-09-2012: Jaguar XF 2.7D Premium Luxury, 09 reg, 27k miles £19,000s

05-09-2012 Jaguar XF 3.0i V6 Luxury, 10 reg, 35k miles £17,200s

Tags: insurance claims feedback valuations advice

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