Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
On Thursday night I was involved in an accident - another driver went into the back of my car. She admitted full liability to her insurance company, and they contacted me to arrange my car being picked up by a body work company for repairs.
Initially, I thought there was only superficial damage to the rear bumper (scratches, nothing more) but the guys who came to collect it lifted up the carpet in the boot, and apparently I will need a new boot floor. They said this could be considered a total loss, and that it wouldn't pass an MOT at the moment. Basically, it NEEDS to be repaired, it's not just cosmetic.
Now, the car is worth a lot to me in terms of sentimental value, and I don't want it to be scrapped or anything similar - I want it repaired, if necessary I will do so at my expense in part. What can I do? They haven't confirmed it will definitely be a total loss, but I want to start thinking about what to do.
If they contact me saying it will be written off, can I refuse and ask them to pay whatever they would pay me for writing it off towards the cost of the repair, and me pay the difference? Are they allowed to do anything in terms of scrapping my car without my consent? As I said, this is the other party's insurance company, not mine. I am not claiming on my insurance at all.
Any advice would be gratefully accepted - as I said, I really do not want to lose this car as there are strong sentimental attachments to it. Also, it's in very good shape for its age and I like driving it!!!
This quite simple If the other insurance company has accepted liability, you have two choices 1. get a quote or rather a proforma invoice from a garage for the repair of the car back to its original condition, irrespective of cost. 2. Go to either the insurance companies garage or a garages of your choice and get quotes for the repairs again back to its original condition.
With 1. the insurance company will send you the money and you can then do what you want with it, repair car or go on holiday, the only thing you wont get is VAT part because that they will onl;y pay that when the work is actually done.
with 2. get car repaired and the insurance company will pay.
Now this is on the basis, and you might have to fight for this, which i have done a few times, that as the accident/incident was not of your doing you must be put back in the same position thhat you were in before the accident and certainly no worse of.
Thaey may bicker about it being above the trade value, irrelevant. if they do refuse to repair then you want real compensation, say to buy a replacement at least in the same condition or better, at full retail price.
Trust this helps.
Not the same if you claim of your own insurance though, must be third parties.
Given that the car was already collected by the third party's insurance company's approved repair centre, how do I stand getting it back from them? I'm assuming as it's my property, it's my choice what I do with it - the third party's insurance can't legally keep it, can they?
I guess I would have to pay for it to be moved to the garage of my choice? Should've got quotes before I allowed them to take it, I guess...
Yep its your car, dont let them bully you, you can have it repaired where you want within reason, but they may want several quotes. Most insurance companies though have arrangements with repairers, where they have already agreed rates for the jobs ( discounted to get repeat business, not necessarilly the best work ) which will be authorised by their enginners/inspectors, but if you do have problems later you can just contact the insuarance company to sort rather than fighting with the repairer! so swings and roudabouts really.