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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69529
Experience:  Over 5 years in practice.
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My daughter recently had a minor car accident. Excessive

Resolved Question:

Hi, My daughter recently had a minor car accident. Excessive body damage but vehicle is fully roadworthy. The other party has admitted full liability. My daughter was directed to a garage to estimate the damage. Following assessment the other insurers
have now responded saying that the repair estimate is too high and that they will only make an offer of £1,500 (which I am guessing is the current value of the vehicle). The suggestion is that my daughter then finds a cheaper garage herself to carry out repairs.
I do understand that the insurers would not wish to pay a claim in excess of the vehicle's value but I believe that the repairs from another 'reasonable quality' garage will still exceed their offer. So if my daughter wishes to return her car to its previous
state she will almost certainly have to pay some costs towards this herself even though the accident was not her fault. My question is that is this common claims insurance practice and do we have any option other than to accept their decision? Kind regards,
Paul McCafferty
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Jo C. replied 1 year ago.
I presume she hasn't done this yet?
Customer: replied 1 year ago.
Correct. Would like to consider any options before proceeding further.
Expert:  Jo C. replied 1 year ago.
I presume that her own insurance company is dealing with this matter on her behalf?
Customer: replied 1 year ago.
It is the legal advisers provided by her insurers who are corresponding with my daughter and the other party's insurance company. Her own insurers have confirmed that they will not take any further action and that my daughter's policy will be unaffected by the incident.
Expert:  Jo C. replied 1 year ago.
Thanks.
Ultimately insurance companies and their advisors cannot be forced to do anything. They are liable on their client's behalf and are making offers. You can, of course, refuse those offers and ask for more. That is perfectly standard negotiation. Nevertheless, there is going to come a point where they will refuse as it would be better for them to go to court.
If that does happen she will be left with taking them to court. Actually these are small claims court sums so that will not be all that onerous.
You do need to bear in mind though that even at court it is not likely she would get more than the current value of the car. A court is not going to make them pay for an uneconomical repair.
Another option is to get the car revalued and see if that can be improved upon. Often their offers are not their best price.
You do have another option. You can ask for more and if that fails sue for the difference but you are taking a risk and you should be aware of that.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
Hi Jo,Many thanks for this - it is very helpful.
Can't think of anything else that I need to clarify.Kind regards,
Paul
Expert:  Jo C. replied 1 year ago.
No problem and all the best.
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Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69529
Experience: Over 5 years in practice.
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