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Entitlement to have a crash damaged car repaired
I've recently been involved in an accident, where the car I was driving got hit in the back and the other party fully accepted responsibility. The other party's insurer (Churchill), after taking the car to be inspected and estimate the cost for repairs (damaged rear bumper), came back to me saying that they are not willing to foot the bill of £1700 and instead would give me £900 which is what they consider to be the value of the car and send it to the scrap yard!
The car itself is in very good condition with a good service record and low mileage, fully insured and MoT'd. I was driving the car with permission from the owner and therefore a third party. The lady who hit me knows she was at fault and accepted full responsibility.
The insurer is fully aware of the facts. Where do I stand? Is the owner entitled to have her car repaired (bearing in mind I/she was not at fault)?
Is Churchill right to refuse to foot the bill and scrap the car? How can I argue my case? May I also mention that the owner turned down the offer for a replacement car (hired car) to keep the cost down.
The car itself is in very good condition with a good service record and low mileage, fully insured and MoT'd. I was driving the car with permission from the owner and therefore a third party. The lady who hit me knows she was at fault and accepted full responsibility.
The insurer is fully aware of the facts. Where do I stand? Is the owner entitled to have her car repaired (bearing in mind I/she was not at fault)?
Is Churchill right to refuse to foot the bill and scrap the car? How can I argue my case? May I also mention that the owner turned down the offer for a replacement car (hired car) to keep the cost down.
Asked on 20 February 2013 by Lamok
Answered by
Honest John
No. Case law has held that to put the owner of the damaged car back in the situation they were in before the damage was done, all that is required is for them to be paid 'market value' for their car. Unfair, but if you want to change the law you would have to take your case to Appeal at vast expense, and still may not succeed because the law as it stands is in the insurers interests.
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