car written off

  • skally's Avatar
    Evening all, My car has been written off by a third party who drove into the back of me when I was stationary. I believe he was not looking (maybe phone ?). I have received a valuation but I will probably now need to buy a second hand car on finance which I can hardly afford at the moment. Without a car I am unable to work. Apart from the payout for my car, are there any other claims I can put in against this driver ?
  • 4 Replies

  • Drivingforfun's Avatar
    Supposedly you can put in a claim for any resulting costs, i.e. any way you have been made worse off should be put right

    Whether these are accepted or not I wouldn't know, someone else might be along to explain better
  • Rolebama's Avatar
    You can claim for uninsured losses. These can include damaged personal property in the car, alternate traveling costs, loss of income etc. I have also received compensation as well as out of pocket expenses,These are 'usually' only paid until final settlement is made.
  • olduser's Avatar
    If you have not accepted the insurers offer on your car, check on the internet the value of a similar car to yours, and tell the insurers that is the cars value.
    You must be asking a realistic price, and be able to tell them where you got the price from.
    Insurers (well the naughty ones) tend to offer the dealers buying price but you cannot buy at that price, you have to pay the dealers selling price if you were to replace it, like for like.

    Good luck.
  • TC1474's Avatar
    Firstly, insurers are under a legal obligation to return you to the financial position you would have been in but for the negligence of their client (the 3rd party)

    Insurers try it on usually. In 99% of cases they will offer a trade price for a vehicle knowing full well that the majority of the motoring public do not have access to trade prices, so as mentioned, find some adverts for vehicles of comparable age, ,mileage and spec and present them with those adverts, assuming the prices are higher. If they do not up their offer, ask them to explain their reasons then speak to the insurance ombudsman.

    You can also claim what is called special damages. This is the cost of additional car hire for the period you are without your own vehicle (it has to be a like for like vehicle, so no hiring a Ferrari when your regular ride is a 1.0 Fiesta 😉) Taxi fares, out of pocket expenses, loss of earnings (if there are any) and any other financial losses incurred due to the other sides negligence.

    Make a schedule of losses and submit receipts or estimates if you have them.

    Providing your claim for costs (in addition to your vehicle) are reasonable, the insurers are obliged to cover those costs otherwise it is a job for the Insurance ombudsman (and you can let them know that is your plan if they are not prepared to play ball)

    The insurers do not like the ombudsman being involved as there word is law, plus they are also fined just for having the complaint made against them.