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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71053
Experience:  Over 5 years in practice
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I was involved in a car accident - not my fault - the other

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I was involved in a car accident - not my fault - the other party have admitted total liability. However from the point of the accident to the car being repaired, the car has been vandalised during this time. I went to collect my car last week from the repairers, the car had been repaired (the accident damage) but the rest of the car had been keyed, and I was in total shock from this. The insurance company are saying they will not pay for this damage, and I cannot prove that this was done whilst in their care. After the accident, the police parked the car, and then a pickup truck took the vehicle, so I do not know when the vandalism occured. I have a picture of the car at the accident site, and no scratches are on there. Before the accident the car was in A1 conditon. Can you please advise me where I stand please.

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

What would you like to know about this please?
Customer: replied 4 years ago.

I would like to know who would be liable to pay for the vandalism damage to the car that has happened since I left the car in the police/insurance companies care. I have been told that I have to pay a £200 excess to have the car repaired but seeing as the initial accident wasnt my fault I feel the car would never of had to of been left in the care of the insurers and certainly wouldnt of been left vulnerable to damage/vandalism had I of not had the accident. I suppose it just a case of wanting to work out who would be liable to pay for this.

Thanks for the information and the time.

I am sorry but I cannot give you good news then. I’m afraid you are in difficulty here.

Obviously somebody is liable. The person who caused the damage is that liable person. The difficulty here is finding that person.

I'm afraid the insurance company are right. Unless you can prove that the damage was caused while they were looking after the vehicle there is no claim against them.

There's no real way of sugar coating this unfortunately. You are in the same position as you would be if some lunatic had keyed your car outside your house.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

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