Dad's car written off by insurer

[OverSteery]

OK, I would like some input into this.
If the OP claims on their insurance, then they should get a fair market value and can appeal that valuable to the ins ombudsman (thanks to TooMany2cvs for the link) if viewed appropriate.

Am I not right in thinking the alternative is to sue the driver (and therefore the drivers insurance) for their losses. This isn't not limited to the cost of the car, but can include any genuine cost, as they should be returned back the position that they were in before the accident. Taxis, recovery and time to buy a new vehicle would also be included.

I am definitely not a lawyer, so am I talking rubbish?

[TooMany2cvs]

OverSteery said:

OK, I would like some input into this.
If the OP claims on their insurance, then they should get a fair market value and can appeal that valuable to the ins ombudsman (thanks to TooMany2cvs for the link) if viewed appropriate.

Am I not right in thinking the alternative is to sue the driver (and therefore the drivers insurance) for their losses. This isn't not limited to the cost of the car, but can include any genuine cost, as they should be returned back the position that they were in before the accident. Taxis, recovery and time to buy a new vehicle would also be included.

I am definitely not a lawyer, so am I talking rubbish?

You can sue somebody for as much as you like. You won't necessarily win... The ombudsman's valuation basis is going to be used to determine the appropriate figure, no matter what you ask for. If you think that it should be flexed to allow for special circumstances, then that's up to you to prove.

Obviously, other out-of-pocket expenses are covered, no matter how the claim goes. Again, prove...

[TwigtheWonderkid]

OverSteery said:

OK, I would like some input into this.
If the OP claims on their insurance, then they should get a fair market value

They should get that off their own insurers or the tp insurers. Shouldn't make a difference, assuming they never had an agreed value policy.

[TazLondon]

A quick update to this topic - my dad's insurance company offered him £1900 for the write-off value. His insurer-approved workshop produced an estimate of £3200 for the repairs. He bought the car from the insurance company for £250. It's a Cat-C car now. It's been taken to a local workshop (recommended by a family member and local to my parent's house) where the repairs estimate is £1200 to £1600 (I guess there's a fair element of family goodwill in there).

My parents have a tremendous emotional attachment to their car so my dad has given the go-ahead for it to be repaired.

Apparently it'll take just over two weeks for the repairs to complete and the workshop will put it through a new MOT before handing it back to my dad.

I can understand my father wanting to keep his car. I'll be paying for any rental car until his own car is repaired and as soon as he gets it back I've promised to spend a weekend detailing it inside and out for him.

All in all, he'll probably just break even financially. But what price that emotion of seeing his beloved car back at home?