Uneconomic to Repair

[Shadowfax]

My wife's car is a 1993 Golf GL Auto, 4200 miles. Last week it was slightly damaged by a 4x4 that backed into it. The other driver's insurers have accepted liability but I am now being told that it is not economic to repair.
Do any of you know what happens next because I don't feel inclined to just roll over and accept £750 for the car just because the repairs might cost about £1300.
It seems totally wrong that we have to pay out to replace a car that is all right to drive (but needs to be mended) just because the insurers don't want to pay out on it. The car is is very good condition and the mileage is silly for the year.
What options do I have?
I will be ringing my insurers tomorrow since they have handled the case so far but I would like to know what I can expect to be told and what I can do to salvage the situation.
Cheers.

SF

 

[ByronBlack]

Don't think you'll have much choice i'm afraid, this same thing happened to my grandard recently, he had a 1st year mark 3 escort, really old, but in amazing condition, some young muppet drove into him and caused 1k worth of damage, they insurance firm valued the car at £250 which was about the same as his liability, so they wrote it off, got a bit screwed out of the deal and lost a lot of sentiment value for a car he had owned for a couple of decades.

 

[suprasport]

you can demand more money from the insurer they have to replace like for like that means they must prove to you that you can get a replacement in exactly the same spec and condition, and they will expect you to prove that it is worth more, go onto autotrader and get examples of similiar cars, and find 2 or 3 if possible showing this or failing that find 2 or 3 that are well below par for the £750. Stand upto them! big organisations like this think they can walk all over people because we just accept what they say as the truth. if you need any help pm me :evil:

 

[Shadowfax]

Thanks guys.
I have just had a look at Autocar and there are Golfs of a similar age for sale at £1495 - trade!
It could be an interesting conversation tomorrow.

SF

 

[greybeard]

This might be a bit late, but if you get the chance you can....
a) use several websites - What Car (I think) + the AA + Top Gear (also I think) to give you comparable prices for similar models. Just pretend you want to buy one and see what comes up. They're all supposed to be based on either Glass' or CAP which are the trade 'bibles' for valuations. But the car may be a bit too old for them.
b) try Parkers (car price mag in your local newsagents) for similar info aimed at Joe Public

Two other thoughts ;-
a) the public values low mileage far more than the trade, and the price guides - not always obvious when you see what the dealers put in ads! The trade really favours 'clean'. That's very compact shorthand for no more than average mileage, a 'good' colour (not white, or any light blue, or any gold/orange/pink/etc etc ), no accident history, exterior and interior unmarked, no faded paint, all seals in good nick, all tyres with plenty of tread, no ciggy smell, no pet smell, fsh, and most importantly all the bits work! (so no fettling bills needed before sale)
b) the insurers will find it harder to argue their initial value is 'correct' if you have evidence that the car is at least as good as if not above 'clean'. Be aware that also means things like an annual service, irrespective of actual mileage - all manufacturer's handbooks recommend the annual service as a minimum.
Also be aware that VW may have specified inspections should be carried out at age points, '5 years or 50,000 miles' sort of thing - careful how you go with this.

Summary....... keep it short but positive - examples of other similar car prices, by all means quote from Parkers cos it's in the public arena, and emphasise how well the car has been serviced/maintained. Explain you have the service record (you do I hope?) - not many 12 year old cars do. Invite them to send their engineer to inspect it (they won't have done that automatically for that level of repair cost estimate, and possibly quite a lot higher).

I have to say that £1300 sounds a lot for 'slightly damaged' - that sounds like at least a couple of panels to me - which means there could be damage to mounting points under the panels (or just be a big panel I guess!).

One final thought - if they are adamant that they will not repair it, you could ask for first refusal on the write-off purchase - which should be less than £100 and possibly something like £25, especially if they stick to their quoted values. And then get your local bodyshop or friendly local garage/mechanic to do a repair, rather than a replacement job. £300/£400/£500 for a bit of panel bashing, a dollop of filler and a lick of paint? But get a quote first! A 14 year old car whilst shiny ain't necessarily very rust free.
Also be aware if the damage has gone anywhere near suspension or steering anchors/mounts then that could indeed be v expensive to get
fixed.

Good luck

 

[Anonymous]

Shop around and see if you can get the repairs done more cheaply out of your own pocket?

Typically a smaller garage will charge £30-35 per hour for labour whilst a dealer charges £100+

 

[Newbie_Neil]

Hi SF

I don't know if it's important, but if the insurance company do write if off, be aware that this will be recorded on the HPI (?) system. This is used by all garages and they will know that it was a write-off that's been repaired.

Cheers
Neil

 

[Shadowfax]

Hi guys
Basically it seems that I am expected to reject the offer and submit my own evidence of value by using Autotrader prices or other websites.
The valuation they have used is based on nothing more than the age of the car. I mentioned the mileage and full service history and was told immediately that these could be taken into account. I am still waiting for chapter and verse in the form of a letter so I am a bit hamstrung at the mo.
I will worry later about the recorded details if I get to the stage of getting a decent settlement + keeping the car (thanks Neil).
What I really want is a repair but it is looking increasingly like I will have to arrange it myself.
More soon, no doubt.
Cheers.

SF

 

[suprasport]

if you can come to some arrangement on value then you can tell them that you want that going towards repair even if you have to choose your own garage, that way they will not write it off, so no registartion problems :wink:

 

[blurk99]

FOUND THIS ON THE WEB...... (www.honestjohn.co.uk, the Daily Telegraph motoring chap...)


If the other party is judged to be wholly and neligently responsible for the damage than you are entitled to be put back where you were immediately before they did you the damage.

That means for your car to be repaired or replaced so it is of exactly the same quality as it was before the other party did you the damage.

It also means you are entitled to an equivalent temporary replacement car either until your car is repaired or you receive a settlement figure allowing you to purchase a direct replacement.

The relevant case law is Clarke v/s Ardington in the Appeal Court, 1 May 2002, in which their Lordships said:

Sect 127 "A defendant who damages another's car should not be surprised to find that he will have to pay for a replacement car if it is needed by the claimant. A wrongdoer must take his victim as he finds him."

Sect. 148 "the fundamental principle is that a person whose car has been damaged is entitled to compensation for the loss caused. In a case where such loss includes loss of use and he establishes a need for a replacement, he is entitled to the cost of hiring a replacement car"

Temporary replacement cars are provided by Credit Hire Operators (CHOs) and the hire costs are normally recovered by the CHO from the Third-Party's insurer (the company insuring the "at-fault" driver). What is more, the "not-at-fault" motorist can request from the CHO a vehicle similar to the crashed one.

But before you take a temporary replacement hire-car make sure you get in writing that the Third-Party's insurer will pay for it. Do not assume he will until you have it in writing or you could find yourself liable to pay the full cost.

Further information and advice over temporary replacement cars can be obtained from the National Association of Credit Hire Operators (NACHO) through its website
www.nacho.org.uk

 

[suprasport]

it is certainly right that you can claim for any inconvenience and costs of lifts or other transport whilst this car is out of use. as i said earlier they have to replace it as it was before the accident. believe it or not you have a lot of power over them. They will just presume you will acept what they say, just stand upto them, and dont back down.

 

[woodshavings]

Your local CAB should help you.
They may have a consumer specialist or recommend a bureau that has.
Good luck
John

 

[Russell]

We had a similar case where the insurer paid us £1000 for the car. we were then able to buy the car back from the scrap dealer for £100 it cast £500 to repair and put back on the road. The problem is the insurers want to use there own appointed workshops for the repair. See if you can get soem quote sof your own first before you do anything.

 

[Shadowfax]

The real problem is that VW do not make door skins for their older cars. So this car will need two new doors. I have checked this with my neighbour who is a panel beater. He reckons the price quoted for repair is about right. It could be repaired by panel beating etc. but it would still be expensive.
I am hoping to A/ convince the insurers that the other driver's insurance company, having accepted responsibility, must re-instate our car to the condition it was in before the prang and B/ if that does not work, get the offer increased to a level that is acceptable to me using advertised prices etc.
I really feel that as this was not my wife's fault the other insurance company should pay up. Otherwise it will cost us thousands and the other vehicle will be mended for next to no cost to the other driver. Hardly fair is it?
I have been trying to find case law that actually refers to the re-instatement thing but all I can see refers to car hire in compensation. There's loads of stuff about injury claims though.

SF

 

[MrJay]

Sure, if you prang your own car, well that's one thing. But if someone else prangs you the onus is on them to see you right. That doesn't include leaving you out of pocket, inconvenienced or otherwise hard done by. Stick to your guns.

 

[Shadowfax]

Got the offer up to a much more respectable £1100. I think I can accept this since I have looked very serioiusly into the cost of these particular repairs and it seems it would not really be worth spending on the car.
The only way I could do the job cheaply would be by sourcing used parts and, frankly, I dont want to go that route.
I think I can be satisfied with this for a result but I am still annoyed that it all came to an end this way.
Thanks to all of you who replied in this thread.
You have been really helpful.

Best wishes.

SF

 

[Anonymous]

Glad you got it sorted in the end.

I've driven old cars for years and the same kind of thing has happened to me a couple of times. On both occasions I negotiated a cash settlement from the insurance company, bought spare parts from a breakers yard, and did the repairs myself.

I even made a profit!

Don't let them write it off though - the paperwork can be a nightmare.