What can I do?

[Clog II The Avenger]

Other than on two occasions when women drivers hit the back of my car ( and then drove off) I have just had my first car accident in 38 years and over a million miles of driving. I was asleep at time and before you jump to conclusions I was asleep in bed and not in my car. Technically because I was the last person to drive and park my car; it was my accident. I had parked in a parking bay and in the early hours along comes Mr emigrant, driving while talking on his mobile phone and his car then wonders over three lanes of empty road to the wrong side and hits my car head on.

He’s driving on an Indian licence although the insurance company believed he a had a UK licence. The bad news for him; the insurance company is not going to pay for his damage because of his failure in declaring his Indian licence, the good news for me is that his insurance company has admitted liability and will pay for my damage or a replacement car. I would prefer to have my car repaired rather than it being written of because I know how difficult it will be to find another car in such good mechanical condition however, the solicitor acting for my claim says that if the repair cost exceeds the book value all they are obliged to do is to pay the book value. Consequently the compensation would not be enough to by a vehicle of similar mechanical quality. Has anyone had similar situations where they want the car to be repaired but the insurance company insists in writing off because it is the cheaper option?

[MrsGoof]

Mother had a similar issue several years ago, she got the cash, bought the car back off the insurance co. and paid somene to fix for her (leaving a few quid over. The downside was no car for several weeks.

The main problem was getting the vehicle declared road worthy after is had been declared written off. I don't know how that was resolved but it was.

Depending upon theage of the vehicle I'd be pestering dealers et al to find a similar vehicle. If they find one and the sale prices is > than the Insurance value paid up the Insurance Co. may top it up, yep mother had this one as well.

Needless to say my kids never get in a car when she is driving!

[DimPrawn]

Other than on two occasions when women drivers hit the back of my car ( and then drove off) I have just had my first car accident in 38 years and over a million miles of driving. I was asleep at time and before you jump to conclusions I was asleep in bed and not in my car. Technically because I was the last person to drive and park my car; it was my accident. I had parked in a parking bay and in the early hours along comes Mr emigrant, driving while talking on his mobile phone and his car then wonders over three lanes of empty road to the wrong side and hits my car head on.

He’s driving on an Indian licence although the insurance company believed he a had a UK licence. The bad news for him; the insurance company is not going to pay for his damage because of his failure in declaring his Indian licence, the good news for me is that his insurance company has admitted liability and will pay for my damage or a replacement car. I would prefer to have my car repaired rather than it being written of because I know how difficult it will be to find another car in such good mechanical condition however, the solicitor acting for my claim says that if the repair cost exceeds the book value all they are obliged to do is to pay the book value. Consequently the compensation would not be enough to by a vehicle of similar mechanical quality. Has anyone had similar situations where they want the car to be repaired but the insurance company insists in writing off because it is the cheaper option?

I told you the Indian FTV's were going to be trouble

[threaded]

You can go for the written off price, and then buy it back for the scrap value, and then fix it yourself.

You can argue the "book value", whatever that piece of nonsense means. If you have evidence that your car was worth more than they offer, which is always the case, then use it. Maintenance logs, bills for repairs, photos of the car showing it nice and shiney.

But insurance is a con, you'd get more satisfaction blowing a monkey on some hoodlums to get medieval on this scumbag for wrecking your car.

[MrsGoof]

more satisfaction blowing a monkey

now thats a side of Threaded I did not expect.

TheMonkey care to comment?

[Phoenix]

You can buy it back.
But as it's written off you also have to pay for a roadworthy test
This is in addition to the MOT...it gets complicated and takes time.

Oh! and dont take the first offer its always crap.
Surf the interweby thing and get comparitive prices for a similar car.
Good Luck