Restoration to Original Condition

[Roger Blassberg 0]

According to a report of a recent test case, it seems that, if your car is damaged by a third party in an accident and it is in danger of being written off by either party's insurer, against your wishes, you can sue the third party for the full cost of restoration to the pre-accident condition? This is irrespective of the cost of the repair or the market value of the car; you apparently have an absolute right to choose to have full restoration to the status quo ante (that is yer actual Latin for "what existed before") if you can prove liability.

 

In other words, we don't have to accept high-handed treatment from insurers who are simply interested in closing their files with as little effort as possible.

 

It is well worth getting legal assistance with your insurance - it costs next to nothing comparatively speaking. Then you can employ a solicitor to take this up for you if the circumstances unfortunately arise.

 

I hope this will save a lot of us from losing our "pride and joy", in relatively minor accidents.

 

I will try to get more details and will pass them on.

 

Best wishes

 

RB

[Henny 0]

oooh... now that's interesting to know... 8)

 

I'm still fighting to prove I wasn't at fault in the accident with J-DUB :mad:

[2cc 0]

Nice one Roger. Hope I never need to invoke it but good to have in the back pocket so to speak.

[MikeVR6 0]

Good News!

 

Do you have the legal reference for the Test Case?

 

eg: Smith V's Norwich Union.

[Roger Blassberg 0]

It was reported in last Saturday's Daily Torygraph motoring letters page. I intend to contact them to get just such a reference, but if you beat me to it let us know.........

 

Best wishes

 

RB

[storm81 0]

nice one!

[bcstudent 0]

I'm still fighting to prove I wasn't at fault in the accident with J-DUB :mad:

 

Being on the wrong side of the road sure didn't do your case any favours!

[mrbeige 0]

I'll keep that in mind if the unfortunate happens

[Jimjam 0]

It was reported in last Saturday's Daily Torygraph motoring letters page. I intend to contact them to get just such a reference, but if you beat me to it let us know.........

 

Best wishes

 

RB

 

I read it as well.

 

It stems from the fact that it is your common law right to be put back in the position you were in prior to the accident.

[Roger Blassberg 0]

It stems from the fact that it is your common law right to be put back in the position you were in prior to the accident.

 

Yes, my reference to a "test case" was a mis-interpretation of the published letter for which I apologise. The outcome is the same, though. The common law right does not need further back-up by case law; Daily Telegraph has responded to me today, confirming this.

 

The moral of the story is this; dig your heels in and insist on getting your car fully repaired no matter what the insurance company wants to do. Get a Solicitor and take a civil action against the 3rd party.

 

 

 

Best wishes

 

RB

 

(PS I am not a Solicitor!!)

[joebloggsVR69 0]

So you sue the 3rd party, or their insurers? It would be the 3rd party's insurers that refuse to pay up, surely?

 

And legal costs would no doubt be horrendous if you were to go to court

[storm81 0]

You would be sueing the other party, this is why its a good idea to have legal cover as part of your insurance

[Sean Fleetwood 0]

Hi Roger, hoping you can help?

Do you have copy/contact re the article to do with status quo ante, the insurance article/letter u refer to here?

I am hoping to use this in my discussion re recent RTA.

If you are able to contact me with info my mobile = 07973 571515.

 

Kind Regards

 

Sean Fleetwood

[Roger Blassberg 0]

Sean

 

as we discussed, have a look in the Saturday Telegraph motoring section, sometime in early March this year. It was a confirmation that you are entitled under common law to be restored to the status quo existing before the accident. The trouble is that you need to sue the third party so, with our dear old English legal system it can 1) take forever and 2) cost you an arm and a leg if you lose, (although if you have legal costs insurance then you should be relatively safe from that).

 

Best wishes

 

RB

[joebloggsVR69 0]

I found these 2 bits on http://www.telegraph.co.uk:

 

 

Honest John's Agony column

 

Filed: 19/03/2005

I want to thank you for advising me to sue the driver who ran into my car. I have been awarded the full cost of restoration, rather than having to accept a derisory write-off settlement from his insurer. I am sure there are thousands of people out there who do not know that this is an option.

P.B., via e-mail

 

 

Fantastic news - it proves you can still get what you are entitled to in this country if you don't allow yourself to be bullied or fobbed off

 

------------------

 

Filed: 26/03/2005

 

My 1999T VW Passat 1.9 TDI SE saloon suffered serious damage thanks to a hit-and-run driver. My insurance company intends to write-off the car, because the repair estimate (£3,883) exceeds 75 per cent of its worth. I think it has been significantly undervalued and would very much like it repaired. What can I do?

S.P., via e-mail

 

This is a lose-lose situation, unfortunately. Your car has not been undervalued. If you had been able to trace the culprit, you could have sued him personally to put you back in the situation you were in before he damaged your property.