Hippo
Lord Hippo
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You have taken what i said out of context.Mad.
I raised the question as it sounds like the other sides insurance is dealing with her car repair etc direct. That means bypassing her own insurance. This is so basic. She doesn't have a contract with the other sides insurance, so if for example they do a bad repair on the car, she has no come back against them. Thats because theres no agreement between them because theres no contract. The likes of aa and rac warn peeps about this. Insurance companies love it as it avoids the other sides admin and profit costs. It can also leave yer stuck.She wasn't the guilty party, if the worst comes to the worst she takes the other DRIVER to court for damages.
Yes there is if the other side wants you to deal direct with them and not via yer iwn insurance, who you gave protection with. A reminder of 'no contract' often puts peeps oft dealing direct with the other sides insurance direct. Especially when the other side is trying to avoid your insurance admin costs by asking you to go direct. They know this. Yer average peep don't. There is of course the situation where they could treat you betterer than yer own insurance. It could happen. Insurance companies giving away more than they need to?No need to talk about contracts.
Hold on a minute. Its not that straight forward. Courts don't like their services being used to bypass using yer own insurance to settle for damages covered by indurance. They take a dim view of it. They will know she has car insurance. You risk a low value if you win and they choose to set a low figure. Or they make yer pay costs even though yer win. That's right, small claims courts can and have awarded costs in the past where their services were considered abused. The highest awarded cost for action in county court small claim was 12k5 sovs some years ago. Why go to all that hassle of court when a phone call to yer own insurance will cover it. Backlog is about 16 months in the courts.Straightforward claim for damages. The judge will accept the garage's estimate of repairs, or she could get three different ones and use these. Or the highest.
Again, out of context. You crash a 10k sov car. Repair cost is 6k sovs. Insurance write it oft and offer 9k sovs. Yer half way through the 12 month insurance policy. You have the option to accept 9k sovs. So value of said car before the crash is important. Few peeps want to own a crash damaged car. Especially when insurance compaines keep pic's of the damage which future buyers can find online for a small fee with a sesrch.Forget completely about "write off values" this is just a con insurance companies try on all the time and peeps fall for so frequently. The value of the car before the accident has no bearing on anything, it is totally down to the cost of repair as that is the "damages" she is seeking.
Not all cars are worth putting back on the road. Not all damage is worth repairing.I have posted about this before with a link to an article from Land Rover Monthly about how to use the law to get any car rebuilt to how it was before, despite insurance companies trying to "insist" on write off value.
No she won't. If the other sides insurance repair the car, the insurance company will contract with the garge direct, to get the repair done. So she won't have a contract with the garage if the repair is bad. And can't chase the other sides insurance as she doesn't have a contract with them. Hence my initial point of why it is dangerous to bypass using yer own insurance. The repair will be offered as final settlement without terms and conditions contracting them into having responsibility for anyfink.If you must talk about a contract then she'll have one with the garage that repairs it according to its estimate. If it doesn't estimate enough to cover the job that is their look out. Once they are told the situation they'll estimate way over.
Thats up to you. If 2 months later you realise theres more problems with the car, yer stuck. Garages have to use propper methods of repair. Hence the price. They have running costs etc. Also extra admin for insurance work and probably 60 or 90 day payment terms enforced by the insurance company.We recently had a car repaired for £150 that the insurance company had estimated at just under "write off" value, by the local Frord garage at £1500. I actooly went and talked to the garage about how they could dare to estimate it at that much. (Her Pluriel was hit slightly in the side in a car park.) They basically were going to dismantle a heck of a lot of the car, do the repair and then put it back together again.
We got the guilty party to pay cash and told the insurance company to stuff it.