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Ford Focus - Non-fault claim -- what are my rights? - dac1

Hi all,
Someone has scuffed my rear bumper and slightly damage the wheel arch. They have accepted liability and I am claiming through them. I expect the wheel arch to be repaired but I would like the rear bumper replaced. The bumper could be repaired but I do not want a patch job, I want a replacement bumper. The repair company will be Nationwide Crash Repair Centre. If they advise a bumper repair but I want a bumper replacement, and I am claiming against their insurance then surely I can have what I want. My bumper was new and untouched and that should still be the case due the accident not being my fault - right? My insurance company only has to approve the bumper replacement and reclaim that off their insurance.

Where do I stand on this? Do I have a legal right to request a bumper replacement and not a repair as I am claiming on their insurance (i.e. non-fault for me)?

Any info would be much appreciated as I would like to know my rights before I go to battle.
Thanks.

Ford Focus - Non-fault claim -- what are my rights? - Galaxy

If it's possible for the bumper to be satisfactorily repaired, yet you insist on a brand new one, then it's possible they may ask you for a contribution out of your own pocket towards the extra cost of the repair.

My insurance company did this with me when my car was involved in an accident a few years ago. The repairers estimate said "New Rear Bumber" but, from the photos that were taken at the time of the estimate, they could unfortunately see that, at some previous time, I'd backed the car into a post and the centre of the bumper was held together with grey duck tape!

In the end I had to contribute 50% of the cost of the bumper. Mind you, the repair place only fitted a pattern part, not a genuine Ford one, so, in actual fact, I ended up paying for all of it!

Please also remember that all parts like bumpers are only supplied finished in primer. They always have to be sprayed before being fitted.

Ford Focus - Non-fault claim -- what are my rights? - bathtub tom

Your car's been damaged, do you want a whole new car?

I've had bumper repairs and seven years later they're still invisible.

Ford Focus - Non-fault claim -- what are my rights? - skidpan

Replace or repair will be a simple matter of economics. In many cases a simple bolt on repair is cheaper than hours spent filling and sanding but since the insurers are paying they will decide.

About 15 years ago the wifes car was reversed into by a tranny with a tow bar on it. The towball broke the number plate and slightly cracked the bumper, easy repair, to be honest a new number plate fitted slightly higer than the original would have covered the damage. The repair was carried out by the tranny owners insurance and they fitted a brand spanking new bumper which was great since it also repaired the parking scrapes on the corners collected over 5 years.

Ford Focus - Non-fault claim -- what are my rights? - dac1

Thanks for your replies.
Whether the bumper can be repaired or not I would like a new bumper fitted as I do not want a patched up bumper. The accident was no fault of my own and due to that I would like my bumper to be in a solid condition like before the accident. If I had caused the accident then I would suffer the decision but I am not willing to have a repair job done, which never seem to look right, through no fault of my own - why should I?!
I'm not looking for the car to be in any better condition than before the accident but just the same condition as I'm entitled to.

Just wondered if anyone had experienced the same situation and knew the legal rights to my predicament.

Ford Focus - Non-fault claim -- what are my rights? - RT

You have no rights to new parts - liability is on like for like basis - new parts constitute betterment for which you'd be liable for the extra cost.

Ford Focus - Non-fault claim -- what are my rights? - dac1

You mention 'like for like'. So if I'm not entitled to a new bumper due to it not being like for like then a patched job (that will never show like the original condition) will not be a like for like either as my bumper wasn't patched up before the accident. So is the answer for the insurance company to buy a second hand prestine conditioned bumper.

Ford Focus - Non-fault claim -- what are my rights? - Galaxy

Second hand bumpers aren't worth buying. Pattern parts in this area are so much cheaper than the genuine makers parts most people buy these rather than second hand ones.

For example, it's a few years ago since I myself was involved in this subject, but a genuine Ford bumper for my Mondeo was about £225 plus VAT plus painting. You could get a pattern part on Ebay for £20, probably £50 for a reasonable quality one.

They do still need to be sprayed, of course.

If I were you I would speak to your insurance company and/or the TP insurance company. You certainly don't have any right to makers new parts, I'm afraid.

How old is the Focus?

Ford Focus - Non-fault claim -- what are my rights? - bathtub tom

>> a patched job (that will never show like the original condition)

Why do you think that, have you had experience of an unsatifactorily repaired bumper?

Ford Focus - Non-fault claim -- what are my rights? - bazza

OP, you are over-worrying this. The car will be made good and not cost you anything. A good bodyshop will be able to repair if appropriate and you would not be able to tell the difference. It is only an inaminate object and worse things happen, I can assure you!

Ford Focus - Non-fault claim -- what are my rights? - idle_chatterer

Unfortunately the other posters are correct, your car may be brand new, it may be your pride and joy, it doesn't matter to the insurer - any insurer.

I think that the quality of the repairer is of more consequence, if you can influence this then it may serve you better e.g. will it impact the car's warranty ?

Provided the bumper can be repaired invisibly and it doesn't compromise its function (strength, safety - I assume it's just a cover) then I'm not sure you've been disadvantaged (except psychologically, I know that it's annoying to suffer loss even if it's merely the inconvenience). Any such loss is uninsured, if you can prove otherwise in a court then maybe you can have an attempt but I suspect this is either uneconomical or futile.

There are many situations in life where we are not compensated for our loss and I suspect (even as someone who treasures the perfect finish on a car) that this is one of the more minor ones on the whole spectrum of possiblities ? If it helps, many years ago my almost-new car was rear-ended whilst stationary at a roundabout, the subsequent repair (by the supplying franchised dealer) was some way below perfect, I traded the car in as soon as I could and I don't think that the dealer considered it relevant to the valuation.

Edited by idle_chatterer on 22/11/2013 at 03:28

Ford Focus - Non-fault claim -- what are my rights? - idle_chatterer

Should have added - even though it wasn't your fault, it will impact your no claims bonus unless it was protected (effective insured) and your underlying premium at renewal - because you have a statistically increased propensity to claim.

It isn't about blame, or fairness....

Cheery thought.

Ford Focus - Non-fault claim -- what are my rights? - TedCrilly

Have you had the car from brand new?

If not how do you know the bumper hasn`t been damaged in the past and subject to cosmetic repairs by previous owners or sellers, or for that matter what if any other minor bodywork repairs it may have had prior to you taking ownership. Have you considered that the bumper could have been damaged in transit between the factory and the dealer and repaired before it even first left the showroom!........you just dont know and probably never will so is it really worth worrying about? I wouldnt be concerned about what the insurance company choose to do so long as its done to an acceptable standard.

Generaly insurance companies are obliged to put you back in the postion you were in prior to the accident, not to replace parts without question. If they can do this for less cost by repairing rather than replacing they will and even a brand new bumper will still need to be prepped and painted. If its carried out to a high standard a bumper repair wont affect the value of the car in the way serious body repairs would if that is your concern.

Edited by TedCrilly on 22/11/2013 at 15:30

Ford Focus - Non-fault claim -- what are my rights? - dac1

Thank you for your replies.

Typing this message I cannot remember all the questions but I've had from new and for four yrs now but I've always taken extra care so to have it damaged through no fault of my own is alittle annoying.
I have seen someone else' repair job in the past and it looked like it had an icey frozen effect, dont want that happening to mine. I just see a new bumper sprayed will be no lesser standard that my car prior to the accident but a repair job maybe will be lesser.
I am now getting miffed that I have to drive the vehicle 30 miles each way to the repair centre at my own cost and expense, and I've also been told that my premium will be effected, strikes against my ncb, even though I have my ncb protected and its a non-fault claim. These things happen I guess but just want not to be out of pocket due to no fault of my own. If the insurance goes up and the travelling to the repair centre will prob cost me £100 - great for the first renewal.
One person's reply summed it up - it's only a car so relax so I should relax - good advice but still...

Ford Focus - Non-fault claim -- what are my rights? - Galaxy

Welcome to the real world !

Ford Focus - Non-fault claim -- what are my rights? - bazza

Regarding the insurance issue, my wife had her car completely written off by a drunk driver. She claimed entirely against the other driver and we've found it has not affected our insurance premiums, they are the same price or even lower than they were pre-incident.