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Why won't my wife receive the full value of her written-off Mazda 323?
My wife's car was a 1995 Mazda 323 with 70,000 miles with FSH and in good condition. She loved it, put a personalised number plate on it and had intended to use it until she is too old to drive. Now it seems likely her insurance company will tell her it's a write-off because the cost of repairs (I guess £1500 to £2000) will be more than its value. So she will have to find several thousand pounds to buy a replacement, which she doesn't want, even though the accident was not her fault. Where is the justice in that and can she get the offender's insurance company to do something by way of compensation? If it is written off, what can she buy? She wants all the features of the Mazda, but they don't make 'em like that any more. She wants a good looking 5-door hatchback, auto, A/c, 1,300 cc, 3,000 miles per year, room in the boot for her golf trolley, reliable.
Asked on 14 December 2013 by RP, via email
Answered by
Honest John
First thing, she must transfer the cherished registration to a retention certificate before the car is written off or she will lose the reg. There's nothing she can do about the insurance because the county courts have ruled that paying 'market value' puts the claimant in the position he/she was in before the damage was done. You would need to spend £100,000 or more appealing to a higher court to get the ruling over-ruled, and because you will be fighting the might of the insurers you will probably lose. It's morally wrong, but that's the way it is. Replace the car with a Honda Jazz CVT-7.
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