Third Party (victim) rights enquiry

ev612337

Hi,

My car was rear ended last week and while it was less than ideal, I thought I'd be fine given that the offending party accepted liability.

However, an "assessor" has now decided my car is beyond economical repair and is deemed a write off!! I am horrified as the car is like new (I love it) and the damage is superficial, so I thought it would be repaired.

They want to make me an offer and that would be fine I suppose, if you had a normal car! Mine is anything but - it's a rare car and there are less than 20 in Ireland. So, the "market value" they want to offer me is not reasonable given that I can not replace the car "like for like" easily.

To top this all off, I had collected the car from a specialist just two days before the crash and I had paid €990 for work to the engine. So, to have it rear ended was bad enough, but to then be told it's a write off, I'm livid.

The damage is minor, no broken light clusters, just boot lid and rear bumper damage.

MY LEGAL QUESTION IS:
As the injured party, innocent victim and third party claimant, am I not entitled to satisfaction? Before the insured hit my car, it was perfect. So, why should their insurance company not be required to put it back to perfect? The fact that the repair work (at their approved repairers inflated prices) exceeds the "market value" of my car should NOT be an issue, surely. Especially given a) the rareness of my particular car (2005 Facelift Alfa Romeo 166 €52,000 new but €4,800 now at best) and b) The car was immaculate and like new prior to the crash.

Any advice most appreciated.

Thanks.

LowKeyReturn

Insurance is there to cover the market value otherwise insurance would become unaffordable, as suddenly every shed on the road would be rare/sentimental value/unavailable in the original shade of snot green. I do feel for your plight but there are practical reasons which override the emotional. Where 'market value' doesn't cover it, the onus falls on the owner to have specialist insurance.

All this said you may be able to challenge the decision of the insurance company, I wouldn't expect a massive shift in what they're offering, especially if its a write off.

Perhaps your neck might start hurting in a few days and some additional funds might become available. :pac:

Pro Hoc Vice

OP you have a number of options, 1 accept offer from insurance. 2 agree that car is able to be put back on road accept money from insurance company and get a good local guy to put it back on road. 3 if none of the previous work seek the advice of a solicitor and sue in the relevant court for what you claim is the material damage to your car. Just because an insurance company offer money does not mean you must accept it, you can sue for what you believe the damage is worth.

Pat Mustard

OP, I assume that the assessor is the other party's insurer's motor assessor. You have to bear in mind that this assessor is not acting on your behalf.

It could be that some of the source of your dissatisfaction is due to a low pre-accident value attributed to the car by said assessor.

If you are unhappy with the offer from the insurance company, I would suggest that you should see a solicitor and get your own motor assessor.