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Disputed liability following an accident?

I was recently involved in an accident which was not my fault. I was about to turn left from a main road into a house drive-way when I was under-taken on my nearside. There is damage to my front wing, wing mirror and front wheel. The culprit stopped and we exchanged details, (he agreed he was at fault).

An estimate for the repair is around £750 and the car is worth around £2000. The insurance company is now saying that if a claim was made the car would most likely be written off and put through the auctions.

If I wanted it back, I’d have to attend the auction and bid for it. Not only that, but the other party has now claimed that I was signaling right but turned left into him - there was no turning to the right!

How should I proceed? I can’t afford to have the car written off. Would it be worth pursuing the case through the small claims court?

Asked on 27 November 2013 by Barnacle_Bill

Answered by Honest John
You could try suing the other party directly claiming Clark v Ardington. See: www.honestjohn.co.uk/faq/insurance-write-offs/
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