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Good afternoon, My car was rear-ended and Ive been told

Customer Question

Good afternoon,

My car was rear-ended and I've been told that it's too costly to repair. I was totally in the clear and not to blame - my insurance company accepts that without question. The car was a much-beloved Audi convertible. Can I insist on having a replacement Audi convertible found for me instead of their estimate in cash for what it's worth?

Thank you.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
HI.

Thank you for your question . My name is Jo and I will try to help with this.



In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

What is the value of the claim?
Customer: replied 3 years ago.


My car was insured for £3000 - OK, not a lot, but it had been a dear and faithful companion for many years.


 


Oh - my insurance is fully comprehensive, if that make any difference.

Expert:  Jo C. replied 3 years ago.
Thanks.

I'm going to pass this onto our insurance expert for you.

I think he is offline right now but I'll chase it up.
Customer: replied 3 years ago.


FOR JOMO1872


 


Thanks - I'll wait to hear from himher

Expert:  Jo C. replied 3 years ago.
I'll chase him now for you.
Expert:  Ash replied 3 years ago.
Hello my name is Alex and I will help with this. What would the costs of repairs be please?
Customer: replied 3 years ago.

FOR JOMO1872


 


I haven't been told the total cost - I've just been told by the insurance agent that it wouldn't be economical to repair it. So I would guess at least £2000.

Expert:  Ash replied 3 years ago.
It's bad news I am afraid and will not be the answer you want and certainly not the one I want to give you, but I have a duty to be honest. Your insurance company have a choice whether to repair or write off. If the value is £3000 and the repairs are close to that then it will be beyond ecomonical repair. What you can not do is insist that it is repaired you can not force them because if the damage was say £7000 it simply would not be commercially liable to repair.

However you should get a number of quotes to get the work done yourself. You could then see what the cost could potentially be. You could ask the insurance company to sell you the car for scrap value and use the money that they have given as value to repair it. They use trade publications such as Glass's guide, this gives values of all makes, models and conditions.

I trust this fully resolves your question and if so could I invite you to take a moment to rate my service, as your feedback is important to me. If you need further information or help then please click rely. Alex

Customer: replied 3 years ago.


I don't think you've understood my question. I don't want the insurance company to give me money, I want them to replace my Audi cabriolet with another Audi cabriolet of the same age and condition. I want them to do it because it's not that common a car and I don't see why I should chase all over the country looking for one when it's not my fault.

Expert:  Ash replied 3 years ago.
Yes. They are not required to do that. Under the terms of the Policy they have 2 options: repair or pay you. They are not required by law or your insurance Policy to replace like with like. They normally only do that with a brand new car up to 12 months old.

In law they do not have to. I agree you should not have to chase a car all over the country, but there is no legal requirement for them to do this for you, other than repair or pay you. Alex
Expert:  Ash replied 3 years ago.
I should also add you do have a right to complaint to the Financial Omdudman if you are not satisfied with the insurance company response, they are someone independent and available online at http://www.financial-ombudsman.org.uk/

Expert:  Nicola-mod replied 3 years ago.
Hello,

Just a quick reminder, there is an unrated answer waiting for you here from the Professional.

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Thank you,
Nicola

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