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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50148
Experience:  Qualified Solicitor
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A Tesco's van wrote off my parked car can I claim compensation

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A Tesco's van wrote off my parked car can I claim compensation other then insurance value?
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today. What other losses have you suffered?
Customer: replied 2 years ago.
Bought a replacement car costing £8ooo
Customer: replied 2 years ago.
This query is on behalf of my 86 year old mother who values her independence and mobility; her old car was in good condition having just been serviced and would have probably served her for the rest of her driving years
Was she compensated to the value of the car which was written off?
Customer: replied 2 years ago.
She received the insurance valuation; my query is with Tescos who I feel should compensate her for at least some of her financial loss
Customer: replied 2 years ago.
Tesco Mercedes sprinter van hit my mothers car which was on the side of a wide straight road with the hazard lights on, fortunately she was not in it. Both the police and ambulance attended ; I do not know the other drivers circumstances, severe damage to both vehicles
Ok but what financial loss are you referring to if she was compensated for the loss of the vehicle?
Customer: replied 2 years ago.
Loss resulting from having to replace her vehicle which she would not have had to do had this not happened, as she wanted a safe reliable vehicle, she had to spend far more than the value she got for the car which was written off; I thought that Tescos may have felt some responsibility and acted with some conscience
Hello, the expectation on Tesco to act with a degree of conscience is a moral one, not a legal one. As far as the law stands, they have written off the car and they are required to compensate her to the value of the car as determined by the insurance company. This would enable her to purchase a new car of similar value. The fact that she had to spend more would not matter unfortunately – she did not have to and even if it was not easy to find something of similar make and reliability at a similar price, t does not mean she would be entitled additional compensation. They are only liable to compensate her for the value of the car which was written off and any personal injuries they may have caused. So whilst I understand why you may be aggrieved in the circumstances and that you believe she should get more, that wold not be possible in law. I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
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