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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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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: 2 years ago.
Category: Law
Expert:  Ash replied 2 years 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 2 years 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 2 years ago.
It would be the driver. The insurers will deal with it though.
You need evidence if equivalent value,
Customer: replied 2 years 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 2 years 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 2 years 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.