If it was not your fault, I
don't know why you put a claim through your own insurance company. You will
lose your no claim bonus and will have to pay the excess.
I would have simply claimed
against the faulty driver insurer.
To be frank, I would be suing
the other driver for everything.
The value of the car can be
the source of many arguments and debates in court.
I would be very surprised if
your own insurance company offered more than they have done.
It is also very difficult to
argue with your own insurance company.
The value of the car is the
amount of money that would be paid by a willing buyer willing seller. It is not
full retail that a car would be for sale
on the forecourt at.
In practical terms, it is
about halfway between full retail and bottom book.
The purpose of insurance is
to put a person back into the position that they would have been had the
incident not occurred. The law will not however enforce an impossibility and if
it is impossible to get a car of the same condition the court will simply award
You appear to have done all
you can with regard to getting evidence but this is not something that would be
directed against your own insurance company.
I don't know whether your own
insurance company has recouped their loss from the faulty driver's insurance
company but you do need to find out. Only when you have that information will
you know whether you are suing the other driver for the full amount or just the
shortfall. If you sue the other driver for the full amount because his
insurance has paid nothing then you will have to refund any money to your own
insurance company that they paid.
If you had any kind of
whiplash injury, all this will be dealt with by the injury solicitor, free of
charge, as part of the overall claim.
Does that answer the
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