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Car declared a write-off – can I sue for costs to repair the car?
Last week I was in slow moving traffic on a motorway and was hit in the rear by a following vehicle. The impact pushed my car into the car in front, causing a four-car shunt. The rear car belonged to a well-known company and the driver admitted full responsibility to their insurance company.
My car sustained minor front and rear-end damage; however, according to the repair company, the repair cost will exceed the value of my vehicle by about £1000. They have sent their report to my insurance company and I expect to be informed that the car is a write-off next week.
I understand that there is no legal obligation for an insurance company to restore my car to its original condition prior to the crash. However, please could advise me if it would be worth using the legal cover provided by my insurance company to sue the driver, or the company for whom he works, for the cost of fully repairing my car?
Also, it is my insurance company that is handling the claim rather than that of the third party. This will undoubtedly lead to me paying higher premiums in future, despite the crash not being my fault. Should I be dealing directly with the third party's insurance company in order to avoid this outcome?
My car sustained minor front and rear-end damage; however, according to the repair company, the repair cost will exceed the value of my vehicle by about £1000. They have sent their report to my insurance company and I expect to be informed that the car is a write-off next week.
I understand that there is no legal obligation for an insurance company to restore my car to its original condition prior to the crash. However, please could advise me if it would be worth using the legal cover provided by my insurance company to sue the driver, or the company for whom he works, for the cost of fully repairing my car?
Also, it is my insurance company that is handling the claim rather than that of the third party. This will undoubtedly lead to me paying higher premiums in future, despite the crash not being my fault. Should I be dealing directly with the third party's insurance company in order to avoid this outcome?
Asked on 29 July 2013 by IJ
Answered by
Honest John
No, because the same legal ruling applies. The ruling is that the party who did the damage is liable to put the damaged party back into the position he/she was in prior to the damage. Paying the damaged party 'market value' for the damaged car does this. A case would need to go to the Supreme Court for this ruling to be changes. Anyone involved in any kind of crash usually gets penalised, though less so if they are not at fault.
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