We had our car written off (not our fault) and had to buy a new one. We use a roof box when we go on holiday each year and so I had to buy new roof bars to fit the roof box to the new car as it has a different type of roof rail.

The other side's insurer has paid out for the claim in full except they won't pay for new roof bars. I have provided proof of purchase for the old ones and the new ones and photos.

Our own insurer's legal protection team says they don't think it's worth pursuing the claim for the new roof bars so advise we just forget about it. Am I entitled to claim for this loss since I am out of pocket due to the fault of the third party, and should I pursue the third party personally through the courts since their insurer won't pay out? Thanks.

Is it very clear that the value which they paid you for the written off car is its value without roof bars? Have they confirmed in writing to you that they are not compensating you for roof bars?

If that point is unequivocal then yes I would suggest that you pursue the third party. What is the value of the roof bars? Also have you lost an excess on this?

Our insurers told us that the other side will not pay for the roof bars but they agreed to everything else, it has not been stated to us in writing by anyone, but I can ask for a letter.

The value of the bars was ~ £130.00.

I can't remember if we paid an excess, there was one on the policy, so probably.

It would be prudent to get it in writing.

Find out what excess you paid – if anything. Then you should sue the other side for the cost of the roof bars and also for the excess - plus any other uninsured losses.

You will only be able to claim for the cost of replacement roof bars for your old car. If roof bars for your new car are more expensive then you will have to you bear the difference.

That sounds sensible. I think we may have got the excess back, plus we got all other uninsured losses, my wife has been dealing with it so I'm not totally sure. We have Diamond legal protection, so it beats me why they won't chase them up for the roof bars. The only thing that seems to have been disputed is the roof bars so I'll use Money Claim Online for that if the third party decide not to pay. Thanks.

These insurance plans are usually pretty. Most of the time they are dealt with by low-level clerks who simply want to get the papers of their desks. They only really interested in pursuing reasonably high value cases and even then they are very cautious and anything that is remotely unwinnable they will tend to balk at.

They don't like getting their hands dirty.

If your claim was settled minus the roof bars, why didn’t you take the roof bars off the car prior to it being scrapped – you could have then sold them on...

The roof bars weren't on the written off car, but I still had to replace them because they didn't fit the new car.

So you have the old roof bars Then?

Not any more, took them to a charity shop.

Not any more, took them to a charity shop.

That was probably a mistake until the whole thing was sorted out.

I don't know why, I had gathered that the roof bars had gone with the car. Reading back, I can see that that was simply an assumption that I made for no reason at all.

I think that you will have to assess the value of the roof bars which were left with you, subtract that value from the cost of new roof bars and then sue for that difference.

Although in principle you are correct, I can imagine that a judge wouldn't be too impressed – especially as you have let the old roof bars go. Ideally you would have given the roof bars to the person who hit you.

There is a strong chance that that person may put their hands up rather than going to court – but it is a chance that you will have to take. I think that you need to evaluate all of your losses and then let us know what they might be if you brought a legal action.

The argument will be that you were reimbursed for the write off cost of the particular car you had at the time. The fact you choose to get a different model isn't anything to do with the third party's liability.

My car with a cassette player being written off doesn't mean I'm entitled to new Cd's for my new car stereo.

Your only potential as I see it is you could have claimed for the difference in cost for a second hand set of roof bars to fit the new car compared to the second hand value of the old ones. Giving the old ones away sort of kills that off.

It's interesting when you frame it like that.

I was working on the principle that the other party should restore me to the situation I was in before the crash, i.e. able to use my roof box.

I had a similar situation a few years ago with in-built car seats that I had to replace with aftermarket ones following a crash.

I wrote the insurer a letter and they paid for new seats.

So I was assuming the same situation.

Btw, I still think in principle I should be reimbursed, but I can see that it's far from an easy argument. Thanks for all the advice.

seats are diff for obv reasons.

the roofbars you retained, the fact that 'you couldnt use them' on the replacement car, is immaterial sadly.

had they been on the car , that would have been a diff matter again and your thinking was correct.

you also asked this on honest John why ........

The argument will be that you were reimbursed for the write off cost of the particular car you had at the time. The fact you choose to get a different model isn't anything to do with the third party's liability.

 

My car with a cassette player being written off doesn't mean I'm entitled to new Cd's for my new car stereo.

 

The first paragraph is the crux of the matter.

No third party causing an accident, can be responsible for a loss amount related to an accessory that might occasionally be used by another party. These roof bars were not attached to the car they crashed into and therefore they did not damage these roof bars to prevent them being used again. The fact that the other party decided to buy a replacement car that they could not use these roof bars on, has nothing to do with this third party. It is nothing to do with the accident, but is a directly linked to the buying choice of the other party.

wow this is a joke

example have a crash in the car with stock rims and you may have alloy wheels you brought but not fitted and then kick off to the insurance because you cant use them lol

what is this world coming to what planet is this guy on

Could you elaborate please, ukguy? I'm not sure how your example relates to the OP's problem.

HB

You had the roof bars in your possession. You disposed of them.

You were paid out the value of your written off vehicle.

You CHOSE to buy a vehicle of different spec.

You COULD of bought an identical vehicle to the one that was written off.

That's YOUR CHOICE.

But you cant visit your choices on the insurance company