Sad to report that my lovely 56 plate 3.6 TDV8 Vogue SE was the victim of a numpty van driver who reversed his trailer..complete with 12 person spa pool on it...into the front of her..not fast but heavy. Initial repair bill was looking like £3900 but now, having opened the bonnet, they are saying new slam panel, maybe new bonnet etc..and the replacement headlights just went up in price by another £250 each. Getting very close to write off territory. I have told the reps from my insurance I want it fixed...his insurer is paying out. Too good a car to lose, so any advice on the best approach here? Thanks!

Sorry to hear about your fattie.

This may sound like a pointless question but has the other driver, and more especially his insurance company, admitted they are at fault and agreed to deal with the claim and repairs? 2021 D350 Fifty Edition - Carpathian Grey
2017 4.4 SDV8 Autobiography (2021-2024) - Santorini Black
2012 4.4 TDV8 Westminster (2016-2021) - Santorini Black

If they write it off, then ask to buy it from them.

buy it back fix with readily available parts (cheap) diy

its an easy fix

If it wasn't your fault, and you are claiming form the 3rd party then you can insist it is repaired and not written off.

Alistair wrote:

If they write it off, then ask to buy it from them.

Other chap admits liability so one less worry.

It appears I cannot insist it is repaired? Yes, I could do it myself but really could do without the aggro and would need another car in the meantime. The repair bill is looking to be around £7000 so it is close or even over the 66% of market value guideline they tell me they are using, assuming a current value of approx £10,000. The car has recently had all new brake disks, front Brembos, rear shocks and all the brake lines replacing...oh and all the oils done for the trans / gearbox / diffs too...

I had this with my wife's Toyota. Hit when parked, so no doubt that the other guy was 'paying'.

So I took it to the best, top notch repair shop and they quoted and then my insurance company said it's a write-off at that repair cost.

I thought I was really stuck and I argued and argued with them and then the only solution was to get a repair quote that was within the formula.

You need to get the £7000 cost down. So shop around, use a good shop but explain the value/write off figures and see what they can do. Maybe a bodyshop that can pull out the damage rather than replace. Dare I suggest second hand parts? Maybe. Forgo the hire car too.

It's wrong but I was told that's the "system" and you can't change it.

. Cheers, Greg
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2011 Vogue SE 4.4 with lots of toys in Stornaway

any pics pal , its bolt on stuff easily sourced as the guys have said so bet it could be repaired in no time

Zeb awful news - I had a similar incident in June when my indy phoned to say the service had been completed but unfortunately a local farmer had reversed his tractor and trailer into the front of the car outside his workshop. Fortunately only damage was to the number plate , bumper and grill and he would get it repaired immediately. Even gave the car a detailed valet for my inconvenience. In your case the key thing is not to let the insurers take your car away - you may never see it again nor use their repairers who contractually work to a agreed low cost basis. If you want to use your own repairer you have the right to do so and it may be more advantageous particularly in sourcing replalement parts etc. Remember it's your car and the other party is responsible for putting you back to the condition before the accident and it is not up to your insurer to decide on the write off. The claim should be against the other parties insurers and therefore all dealings should be with them and not via your insurers unless you wish them to liaise on your behalf but beware more often than not both insurers work closely together and look for the cheapest solution between them thus minimising their losses by sharing the liability. Ispeakfrombitter experience. Anyway hope you get a happy resolution You may find the following link of interest.
Good luck
http://www.motorclaimguru.co.uk/your-rights-as-a-consumer.html

Quote:

...the other party is responsible for putting you back to the condition before the accident and it is not up to your insurer to decide on the write off.

Zeb wrote:

Other chap admits liability so one less worry.

Has that come from his insurer?

Not yours. Not him. But his insurer?

Until you hear it from them be careful.


The guy who hit my ML admitted it, he even came in my shop to tell me he had done it. My insurer then started the work and 6 months later they started sending me letters saying they had not got the other person to admit liability. Once the insurer steps in they will try and wiggle.
I said that I had an email from the guy admitting it, and if they tried that I would take them to court. I didn't have an email but it worked. It is a corrupt business and full of people with no morals at all, so be careful. Porsche 911 (996)
2015 BMW 5 Series Touring
Not got a LR of any kind at the mo, and got itchy feet.

Alistair wrote:

If they write it off, then ask to buy it from them.

It's also worth remembering that, if you use your insurer by claiming on your own policy, you are bound by their rules as you entered into a contract with them. This could mean they will write it off, or repair it using non-genuine parts (they will argue they are equivalent) and you have little argument in law. They also have the right to pursue the other driver and/or his insurer for their costs IN YOUR NAME, possibly dragging you through the courts and not reimbursing your excess until they recover all their costs.

If possible, deal with the other insurer direct once they have admitted liability. Tell your insurer what you're doing. They won't care as long as it isn't costing them time or money. You don't have a contract with the other insurer so don't have to accept any of their "rules". They are more likely to agree a cash payment to cover the repairs rather than the hassle of arranging or paying for repairs. They also don't want you to use a claims management company as that costs them loads more money.

I'm in the middle of a very similar case where a guy drove into the back of me a few weeks ago. My insurer pointed me to a claims management company but when I read up about them and their "sharp" practices I ditched them. The other insurer agreed to pay for the damage at a garage of my choice (in this case an LR dealer) and they are hiring me a car for the week it's going to be in the body shop. No hassle and all very straightforward.

If you don't want it written off then don't claim on your own policy. Negotiate with the other insurer. If they prove difficult you always have the option to revert back to a claim on your policy or just hint to them that you're going to use a claims management company. They soon be more reasonable.

As NobbyC says, don't let anyone take it away otherwise you lose control over what happens.

Good luck, hope you get a good outcome.  2021 D350 Fifty Edition - Carpathian Grey
2017 4.4 SDV8 Autobiography (2021-2024) - Santorini Black
2012 4.4 TDV8 Westminster (2016-2021) - Santorini Black

Ok so it is being handled by a claims management company. The 3rd party's insurers have accepted liability but I hear today that they have deemed the car a total loss as repairs are £6600 + potentially a new bonnet and respray because it may be bent, alongside the slam panel. I am awaiting an offer of settlement that comes via Tec Report after they have researched prices etc but I suspect the offer will be around £9.5k and finding another just like mine with all that work done or a lower mileage is going to be unlikely. I may be wrong, they may offer more. To find something equivalent I seem to be looking at £11.5-£13.5k. The claims management company are happy to support me in going for a cash in lieu settlement but it strikes me as a little risky as regards what damage has actually been done. ie, slam panel replacement...I have neither the time nor inclination to be doing this! Seeing as they have admitted liability I would still like to get her fixed at their expense...Tec Report tell me that it can't be done as it is 'not down to personal preference'. I was interested to read Cole vs Heatherton [2013] EWCA Civ 1704 which basically deemed that 'Provided the claimed cost of repair was not unreasonable therefore, it was recoverable.' The question in this case is, is it unreasonable to expect repair when the cost is over and above 66% of 'market value'. Ah well, will see what happens next! Thanks for all the helpful advice thus far!

EDIT: Just got off the phone from Tec Report. I have been offered £9368 for the car. Or, with a Cat D marker I have been offered £7494.40p. I have enquired about a cash in lieu settlement and they tell me it would be down to another engineer reviewing the total loss...it comes in at 69% of value at the moment...and agreeing to changing figures so that it is under 66%...if that makes sense..and then it is a question of what they would give me along with the car....I would be aiming for the same amount as with Cat D status ideally!

I think I would struggle to get another car as good for the £9k figure myself! What do people think?