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Category: Law
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2000 Registered CLK320 Had an accident with my car where

Customer Question

2000 Registered CLK320

Had an accident with my car where a tree branch damaged my car which is being written off because of the high cost of repairs.
However, I have spent nearly £5000 respraying, replacing discs and pads, shock absorbers and rebuilding exhaust system.
Insurance company is not willing to pay out more than the 'market value' ie £1800 and not prepared to add in the written off car which I could use for spares as I am planning to get another CLK320 near the value of my compensation
Do you think that I have grounds to complain
Submitted: 4 years ago.
Category: Law
Expert:  James Mather replied 4 years ago.
Thank you for your question here on Just answer. It is my pleasure to try and assist you with this today. Please bear with me if I need to ask for any further information from you in order for me to be able to advise you fully. My name isXXXXX and I am a practising solicitor. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case. I will be online and off-line all day most weekdays and weekends.
Ignoring what you have spent, what do you genuinely think that the car would be worth if it was just in excellent condition without all the new work you’ve done? In other words, what would I be able to pick one up, in excellent condition, in the marketplace for?
Is this your insurance company or the insurance company of the tree owner? If your own insurance company, why are you not dealing with the tree owner’s insurance company?
Whose fault was the incident?
Customer: replied 4 years ago.

The answer to your first question would be the answer as given by the Insurance engineer in that by comparing my car age , mileage and condition, my car is only worth the offer made.


The accident happened as my wife was driving along a main road in Wokingham when a large branch broke off a tree and fell on the road a first then onto our car, which took away the full impact.


The tree is on open land and I am not aware whether the Insurance company has made any effort to establish the owner of the land

Expert:  James Mather replied 4 years ago.

The first thing I would try to do is establish the owner of the land. Unless there was a storm, branches do not normally fall off the tree and if there was a storm, they do not normally fall off a tree unless it was hurricane/abnormal force, or unless the tree was badly maintained or diseased in which case, the owner of the tree is liable. The stance the insurance company take on this is that if you had it repainted and had a new exhaust and new brakes, you did that because the paint, exhaust and brakes were unsatisfactory. So in effect, all you did was put it back into the condition that it would have been ordinarily. Having done all the work that you have done on the car, (is too late now) I would have got an agreed market value with the insurance company (not all insurers will do it) whereby you send photographs and they agree how much the car is worth. Worthwhile remembering for again. If the insurer will simply not budge, you are faced with making a complaint to the Financial Ombudsman.






I will tell you that the financial ombudsman does not work at the speed of light and this could take 12 months to resolve. Does that answer the question? Can I help further



Remember that the car belongs to you and you can probably get them to agree to the £1800 settlement and you keep the damaged car.

I would not let them cart the car off to a compound somewhere otherwise it will end up more damaged. Don’t let the mislead you into saying that they must do that because they do not.



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Expert:  Nicola-mod replied 4 years ago.

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