Crash costs

Abouttime

Hi
Just wondering if anyone can guide me on this. A couple of months ago my Mum’s car was crashed into. It was parked in a shopping centre and a woman came into the space opposite her and accelerated instead of hitting the break. She hit it so hard it came out of the parking space into a car in another space which hit another car onto the footpath! Anyway my Mum’s car was a write off. My Mum couldn’t afford to buy another car, she has low mileage and it’s an automatic as she has arthritis and is 80 years of age. They had to fight with the insurance company not to write off the car and to allow them have it fixed. They had a rubbish broker company who was just not helpful at all. They are now 2K out of pocket. I think this is really unfair and people have advised them to sue to get the money back. The couple who crashed into the car admitted liability on the spot. My parents don’t want to sue as they are old and can’t cope with it all. As they only want back the amount they are out of pocket I thought the small claims court would be sufficient. I sent a letter to the person who crashed into the car letting them know out of courtesy that we had no choice but to go to the smalls claims court. My parents today got a snotty letter from a solicitor threatening all sorts. My parents are really upset about it. To say the least I’m flipping furious. Does anyone have any helpful suggestions on my next step.

Thanks

coylemj

Most people think their car is worth more than what the insurance company will say it's worth if there's an accident.

Did your mum accept a settlement from the other driver's insurance? If she did then she will have signed an acceptance letter which says that it was in full and final settlement of the claim. I doubt if she has any hope of going back looking for more money, it doesn't work like that.

Can you outline the details of the claim - who paid her money (the other driver or their insurance co.), what was the basis for the amount of money handed over? Did she get the car repaired?

Abouttime

I don't have the exact figures but their something like this. The cost of repair was €2800, she got €1,800 from the insurance co. and it cost another €1,000 to fix it. Yes she got the car fully repaired. Their insurance company paid the money. They went through a broker for the claim and honestly they couldn't have been any worse. I wanted to take over the dealings of it but I didn't want to insult my Dad by doing it. But as I say they're elderly so not as quick to fight anything. I don't know what she signed but I'd say she could have signed a full and final settlement of the claim if it's a standard thing to do. Could I put in a claim in the small claims court? All we want back is the amount they're out and nothing else. Should the broker have done more to secure a better settlement? It seems unfair to me that they should be out of pocket for doing nothing wrong. I really want to get to the bottom of what I can do. The solicitors letter this morning gave my Mum an awful shock and they want me to drop it. But it's just made me all the more angry.

Paulw

So, the insurance company wanted to write off the car after the accident? Probably they did this because they knew it would cost more to repair than the car was worth, It was a financial write-off.

But, your parents wanted the insurance money. Sorry, but that is all they are entitled to. It is unfortunate, but these things happen.

You won't have much luck with the courts, as far as I can see.

coylemj

Abouttime wrote: »

I don't have the exact figures but their something like this. The cost of repair was €2800, she got €1,800 from the insurance co. and it cost another €1,000 to fix it. Yes she got the car fully repaired. Their insurance company paid the money.

In your original post you said that they were '2k out of pocket' yet above you say that the car was 'fully repaired' and that the 'their insurance paid the money'. I understand that you don't have all the number to hand so please don't feel that I'm criticising you.

However it doesn't really matter. If they accepted a cheque from the insurance company (by cashing it), it's the end of the line so they have no business threatening the other side with litigation because they will get nowhere.

NUTLEY BOY

Once a settlement has been made and money paid the right of action comes to an effective end. If your mother issued proceedings the defendant would plead "accord and satisfaction" and your mother would lose. In plain terms "you have been paid and the matter is at an end".

The issue of the value of a vehicle often causes grief. Many cars are worth more to the owner than the market value. However, the liable party is only obliged to pay the market value of the vehicle as the measure of loss for that particular item where it is a write off.

Abouttime

Thanks for the advice everyone, not exactly what I wanted to hear. I'm going to leave it as my parents have been really stressed about it and I don't want to add to it. I just don't get how someone can crash into your car but you're left out of pocket! Doesn't seem right.http://b-static.net/vbulletin/images/smilies/mad.png

Sorry coylemj I can't remember the figures but it's no more than 2K. With regard to it being fully repaired I meant that my Mum got it fully repaired, the write off value didn't cover the repairs.

Lmklad

All the above advice I more then likely correct. My partner was hit and ended up being 7k out of pocket through no fault of his own. Had to take a personal claim just to make up the differenc

whippet

Abouttime wrote: »

Thanks for the advice everyone, not exactly what I wanted to hear. I'm going to leave it as my parents have been really stressed about it and I don't want to add to it. I just don't get how someone can crash into your car but you're left out of pocket! Doesn't seem right.http://b-static.net/vbulletin/images/smilies/mad.png

Sorry coylemj I can't remember the figures but it's no more than 2K. With regard to it being fully repaired I meant that my Mum got it fully repaired, the write off value didn't cover the repairs.

Sounds fairly straight forward ... Car pre accident was worth (just using numbers as an example) €1500. Cost to repair was €2500 .. Therefore an insurance write off. You parents took the €1500 from the insurance company and then chose to pay another €1000 to have an economic write off repaired.

The insurance company have done what they were obliged to do and paid out to your parents the market value of the car. You will have no joy through any courts.