[TW]Fox;28977468 said:Hang on a minute - this is a third party claim. He isn't claiming on his own policy.
He's asking for a £7000 repair on a £10500 car.
This doesn't seem unreasonable, am I wrong in thinking he has additional rights to insist it isn't written off? There is just £500 between the insurers 'max offer' and the BMW bodyshops lowest quote.
Does the insurance company really get this much say in whether they accept the £7000? The repair cost is reasonable, he is an innocent third party - a negligent motorist, for whom they provide third party risk cover, has caused £7000 of damage to his car. It seems right and proper and they cover this £7000 cost.
I wonder what a court would say?
Maybe throw a post up in the PH Speed/Plod/Law forum. Be breif and stick with the facts.
a) Your car has been valued at £10500 by the insurance appointed valuation agent
b) Your preferred choice of bodyshop has provided a reasonable quotation of £7000 to repair the car
c) The negligent third parties insurer is refusing this reasonable quote and insisting on writing off the car
People who are more legally informed may be able to offer advice.
You've got time to pause over the Christmas period now. Spend this time to make sure you know exactly what your rights are. If you accept Cat D and keep the car you WILL end up worse off in my view.
I actually do remember reading something along the lines of a 3rd party's insurance company couldn't force you to accept the car being written off unless the repair cost was excessive (like £12k repair on a £10.5k car). £7k repair costs on a £10.5k are certainly 'reasonable' so I think you are onto something here.
Mrk should be able to insist the car isn't written off and then Admiral will have to get it sorted.