Don't want to write off car, other party liable.

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Sat 14 Apr 2018 22:28
Don't want to write off car, other party liable. - JSpencer

Jaguar XJ TDVi Sovereign 2005, 75000 miles.

I picked up our Jag from the garage and we had just spent £4000 on a respray, underseal and lots of other work to get it into pristine condition, it's a car we cherish and want to keep for life. This was not work to get the car roadworthy since it was so already, but to get it into pristine condition and refresh everything.

Driving it back from the garage I was hit in the rear while stationary by a white van who was driving inappropriately fast, he is the liable party and has signed a note to that effect, a soul destroying event, especially since we just spent so much money on it.

I spoke to my insurers and they valued the car at £7000 which is low by our estimates, we consider it to be around £9500-10000 given it's pristine condition inside and out.

Furthermore the estimate for repair is around £7000-10000, which appears to be very high given he took a panel off, but he damaged the aluminium panelling on the interior also so this has made the cost skyrocket, I have had a 2nd opinion confirming this.

Insurance want to write the car off, we do not, we want the car repaired. Is there anything that can be done in this situation to rescue our car? If he has admitted liability can I personally take him to court rather than going through the insurance?

Edited by JSpencer on 14/04/2018 at 22:34

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Sat 14 Apr 2018 22:43
Don't want to write off car, other party liable. - RobJP

If you want to spend £4k on a respray on a car then that's your choice. But unless you specifically make your insurance aware that you value your car far higher than the 'standard' market value, and pay any additional premium, then the car is insured as a 'standard' model, and nothing extra.

If you can PROVE that the car is worth more than the insurer has valued it at (for example, getting an independent assessor, at your own cost, to provide that valuation), AND that the cost of repair is LESS than that value, then you are entitled to have the car repaired. However, do note that, if in the course of doing the work, further damage was found which would then push the cost of repairs over the market value, then the can can be 'written off'.

The alternative, if you are going to keep the car forever, is to purchase the 'salvage' from the insurance company as part of your payout (let's say the salvage is valued at £1k, the car was valued at £7k, so they give you the car and a cheque for £6k) and you then go get the car repaired independently at (hopefully) less than the full whack price.

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Sat 14 Apr 2018 23:02
Don't want to write off car, other party liable. - JSpencer

Thanks for the fast reply, to make it clear we had already paid 4k and when I was driving it back from the garage I was hit, the refurb job had nothing to do with the accident.

Is there no way I can take him directly to court? I just want the car repaired, the repair will probably be more than the value of the car now.

I don't want a salvage and categoried car.

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Sat 14 Apr 2018 23:30
Don't want to write off car, other party liable. - RobJP

Sorry, what I meant was that if you want to respray a car, and pay £4k for doing so, then you can't automatically assume that it makes your car worth more in the event of a future accident - unless you've gone through a valuation process with your insurer and have an 'agreed value' policy.

Your 'quantifiable losses' are for a 13 year old car. A court case (if you did go down that route) could cost you thousands, and you could well find yourself having your case thrown out as vexatious (petty, in laymans terms) and you being forced to pay both sides legal and court costs. Think about it. You are spending thousands of pounds to possibly get an extra £2-3k. Even if a court did decide in your favour, unless they made an order as to costs (forcing the other party to pay your costs, and such a thing is definitely not a certainty, even if you win) then you'd be left with your 'winnings' and a large legal bill. Or, in nett terms, a debt.

I'll repeat : if the repair is more than the value of the car, then you have NO legal right to have the car repaired. Take a case like that to court, and you'll be highly likely to lose AND have legal bills to pay.

Looking through Autotrader, I'd say that the valuation the insurance company has given you seems about right. For example, a 2006/56 (so newer than your car) Sovereign TDVi for sale, one owner, 'fantastic fully documented service history' and 51k miles for under £8k.

I think your valuation of your car is a bit unrealistic.

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Sat 14 Apr 2018 23:52
Don't want to write off car, other party liable. - JSpencer

Thanks for replying.

We had a brand new engine (a 1/10,000 failure) put in by Jaguar at around 30,000 miles, and the car is pristine. So really it has 40,000 miles on the clock.

It really does look like a new car especially after the work we had done, having viewed to buy Jags at 70,000 on the clock I've never seen one in such good condition.

I think we may have to salvage and go from there, we don't want to scrap it.

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Sun 15 Apr 2018 12:37
Don't want to write off car, other party liable. - Palcouk

Unless you have a car independently vauled and then insure with an insurance Company that accepts the valuation, you have no rights other than as haveing a standard valued car.

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Sun 15 Apr 2018 14:43
Don't want to write off car, other party liable. - nick62

I would suggest your sentimentality for the car is clouding your better judgement in this case (only made worse by the fact the crash happened on the way home from the respray)?

It is a sad fact of life that when you are involved in a car accident that is entirely someone else's fault, you are never fully compensated for the "loss" you receive as the repaired car will never be as good as an undamaged one, (unless it is very new where you end-up with a new like for like car)?

I guess the only way to ensure you are never in this position is to always take the train!

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