Renault clio Expression, 1.2 16v 2002. - 3rd party admitted liability, I want my car as it

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Fri 1 Feb 2013 17:56
Renault clio Expression, 1.2 16v 2002. - 3rd party admitted liability, I want my car as it - AniMac

Royal Mail have admitted liability for driving their lorry into me while I was parked on Wednesday just gone. I called them yesterday morning and told them that my insurers had arranged repair and that a claims management firm had arranged a courtesy car. I asked if they'd like to provide all of this instead and possibly save themselves some money. They've agreed, my car has been collected this morning and courtesy car delivered at the same time. They also agreed to cover the cost of the CDW. My insurers have cancelled everything and said it would be as if this hadn't happened as far as my policy premiums and no claims bonus are concerned.

Now my worry is that they'll (AI Claims/Reserva) write off the car, i've been hearing increasingly that with it being a 52 plate and high (107000) mileage, they're more inclined to say it's not economical to repair it. Apparently 3rd party insurers for a no fault accident can't leave you in a worse off position than you were, prior to the accident. I had a new head gasket and cambelt fitted 2 weeks ago so I really want to keep it for many years..plus I love it.

I've been looking in the faq's and have seen plenty about accepting the right (as far as i'm concerned) amount of cash if they write it off, but I don't want it written off. I'm not interested in buying it less salvage and having a cat damaged car, I want it as it was on Wednesday morning.

Please can someone tell me definitively if I can insist they repair it? If the quote is high for repairs, can I ask them to get a 2nd quote? I'm determined to keep this car and want to know my rights.

Thanks!

p.s damage is: bumper half off, wheel arch and wing dented and scratched. Apart from damage caused by the lorry it is pristine, no rust, no dings. mot/taxed til oct.

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Fri 1 Feb 2013 18:38
Renault clio Expression, 1.2 16v 2002. - 3rd party admitted liability, I want my car as it - dacouch

You cannot insist they repair the car, you have a duty to mitigate your losses so if it's cheaper for them to write the car off then thats what they will do.

One option would be to get a quote to repair it for "cash" eg not involving an insurer from a good local independent garage. There price is likely to be a lot less than the quotes given when an Insurer is involved. You may then be able to persuade them to give you "cash in lieu" eg they give you the amount it will cost to repair assuming it's not more than the write off value less the salvage value.

They can then wash their hands of you, the car is not written off and you get your car repaired.

Do you really want a car that has had extensive repairs done to it though?

P.S The recent head gasket etc does not really affect the value of the car

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Fri 1 Feb 2013 19:05
Renault clio Expression, 1.2 16v 2002. - 3rd party admitted liability, I want my car as it - AniMac

I do want to keep it, yes. I'll hope for the best and try the cash in lieu approach if needed. I read elsewhere on here that I can insist they repair it, that's why I asked for a definitive answer.

Bit blue about it all really. I can't believe that through somebody else's fault and for such minimal damage, I have to say goodbye to my car or have it written off with Cat ? damage. If it's cat c, i'll be out of pocket another £100ish after mot and vic, plus whatever the value of the car falls by. I want to spit my dummy out and stamp my feet.

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Fri 1 Feb 2013 19:28
Renault clio Expression, 1.2 16v 2002. - 3rd party admitted liability, I want my car as it - dacouch

The advice you found on here was incorrect, the HJ has changed his opinion and no longer states you can insist the car is repaired irrespective of cost.

In law it has never been the case.

You will get better results from whoever is handling the claim by being polite but firm, if you're agressive they will normally not go the extra mile to help

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Sat 2 Feb 2013 10:52
Renault clio Expression, 1.2 16v 2002. - 3rd party admitted liability, I want my car as it - nortones2

If the cost of repairs exceeds the value of the vehicle just before the accident, then it would probably be a write off. However, the converse applies. Suggest OP gets estimates for accident repair, and check against the valuation. Its still your car until an agred solution is reached. Don't rely on the insurers to do this: they are not a charity and work only for their shareholders. BTW, see tinyurl.com/b4cnsja from the Financial Ombudsman Service. The last paragraph might be especially useful. There is a handy guide to valuation also if you look at their other "online technical resource" entries. Usual caveat: I am not a lawyer.

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Sat 2 Feb 2013 15:22
Renault clio Expression, 1.2 16v 2002. - 3rd party admitted liability, I want my car as it - dacouch

Insurers tend to write a car off if the repairs are likely to cost more than circa 60% of the pre accident value.

It should be remembered that the Ombudsman has no jurastiction over claims made direct with a third party Insurer. The other Insurer will often follow the Ombudsmans guidelines as good practice but they're under no obligation to, they can and often follow how a court of law would rule which is often harsher than the consumer friendly Ombudsman would

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Wed 6 Feb 2013 12:39
Renault clio Expression, 1.2 16v 2002. - 3rd party admitted liability, I want my car as it - AniMac

Well, they've quoted £1200 for repairs and want to write it off, although I haven't had an offer of anything yet. They were looking at valuations and said they'd call me back. I've asked to go down the cash in lieu route and have made it clear I don't want it written off. What will happen next? The car is still at the garage where the assessment was done and I still have the courtesy car. Do I get to keep the CC while I am getting quotes for the repair of my car?

I haven't a clue how this all works and I did look at the ombudsman page. I can't seem to find much info on cash in lieu. Should I ask the insurers what they valued my car at to deem it uneconomical to repair? Maybe they undervalued it?

Basically, whatever happens, I do not want to have it written off. The garage have confirmed it is only cosmetic damage.

Thanks for all your help and input.

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Wed 6 Feb 2013 13:28
Renault clio Expression, 1.2 16v 2002. - 3rd party admitted liability, I want my car as it - AniMac

Just heard back from them, they've offered me £1050, cash in lieu and no write off. I get to keep the courtesy car for a few more days.

Next question is, am I going to be able to get the repairs done within that price? New rear wing/panel and rear bumper, doesn't have to be Renault parts. Just a rough idea would be a great help guys.

Thanks, Andrea

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Wed 6 Feb 2013 13:35
Renault clio Expression, 1.2 16v 2002. - 3rd party admitted liability, I want my car as it - AniMac

One more thing. They've asked me to send copies of my v5 and mot, is that standard practise? I have visions of them writing my car off anyway!

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Wed 6 Feb 2013 13:35
Renault clio Expression, 1.2 16v 2002. - 3rd party admitted liability, I want my car as it - thunderbird

Next question is, am I going to be able to get the repairs done within that price? New rear wing/panel and rear bumper, doesn't have to be Renault parts. Just a rough idea would be a great help guys.

No one on a forum can give you a price for works like this, they need to see the car.

Take it to a couple of body shops for a quote.

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