How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience:  Solicitor with 5+ years experience
Type Your Law Question Here...
Ash is online now

My car was parked in our resident parking spot on a public

Customer Question

My car was parked in our resident parking spot on a public highway outside of my house unattended when a car collided with it and caused extensive damage and has been classed as a total loss. The vehicle was recovered and taken into storage by the drivers insurance company LV. I have been given a settlement figure far less than the vehicle is worth and have been told this is the best offer they are prepared to make and I have 14 days to decide and should I not accept the vehicle will be destroyed and I can pursue the claim through my own insurance company. I have explained that I have searched within 50 miles for the same spec car and the only one I can find is over 100 miles away and is £800 more than I have been offered as a settlement. Am I in a position to take the driver to the small claims court to get the full value of the vehicle and to claim expenses for travel to get a replacement vehicle and to cover loss of wages taking time off work. It seems very unfair that I should lose out financially for something that was not my fault. We searched a long time to find the vehicle in the right spec and colour and had to travel 150 miles to buy it. the insurance company are telling me this doesn't matter and that waht they are offering is the market value based on searches
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Yes you can, if you can show that the figure is less you can sue the other driver for losses. As its below £10,000 it would be a small claim.
Can I clarify anything for you about this today please?
Customer: replied 1 year ago.

Would I send the court summons to the driver of the car or the insurance company.

Are the insurance company responsible for returning my car and is it legal for them to destroy it without my permission?,it is still my property.

What evidence would I need to present the court to recoup my losses for

Many Thanks

Expert:  Ash replied 1 year ago.
It would be the driver. The insurers will deal with it though.
You need evidence if equivalent value,
Customer: replied 1 year ago.

You haven't answered my question in relation to the insurance company gfiving me 14 days or they will destroy the vehicle. Are they able to do that without my permission?

Expert:  Ash replied 1 year ago.
No they can't. They can only do it if you accept payment. Until they pay you it's your car
Does that clarify?
Expert:  Ash replied 1 year ago.

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.


What Customers are Saying:

  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther

Meet The Experts:

  • Jo C.

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
< Last | Next >
  • Jo C.'s Avatar

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
  • Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • Buachaill's Avatar



    Satisfied Customers:

    Barrister 17 years experience
  • Max Lowry's Avatar

    Max Lowry


    Satisfied Customers:

    LLB, 10 years post qualification experience
  • UK_Lawyer's Avatar



    Satisfied Customers:

    I am a qualified solicitor and an expert in UK law.
  • Kasare's Avatar



    Satisfied Customers:

    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • Joshua's Avatar



    Satisfied Customers:

    LL.B (Hons), Higher Prof. Dip. Law & Practice