What if it had been a gift from a rich parent ? Would you expect them to offer you nothing ?
Yes, exactly that.
What if it had been a gift from a rich parent ? Would you expect them to offer you nothing ?
I had a nice BMW cabrio stolen from the car park of David Lloyd, Bristol whilst I was swimming. My locker door was forced open and they took everything including my car keys and then just drove my car away. It was never seen again.
I'd bought the car not long before but had negotiated hard and got it for a price I was very happy with. The first offer from my insurance company would not allow me to replace the car with something similar so I sent them screenshots from Autotrader of all similar specced/age/mileage cars. The next offer was what I believed was fair and I accepted it.
What I was surprised about is they paid me more than I'd paid for the car when I bought it. I had assumed my outlay would be the absolute ceiling for any payout.
Courtesy van hire now imminent (just waiting for the call tomorrow as to when it will be delivered). We had to wait for the police to release the details of the perp to us before they'd countenance a hire vehicle. He's been charged with drink driving so hopefully it'll be a long time before this ****tard ever drives again. We know the van isn't worth mega bucks, but it was perfect for Lady Igzilla's needs, had low mileage and we just had new brakes (which probably saved her life), new cambelt, new battery, new coolant tank. Should have gone on for years and years, sniff
In law you are entitled to be put back in the same position that you were in before the accident (if it's someone else's fault). What you paid for the van is irrelevant, if it would cost you £3000 to get a van of similar age/condition/mileage then that is what you should get.
Having said that, the other party's insurer will look at trade prices and almost certainly offer you less but you are under no obligation to accept it.
Being insured doesn't exempt the other party from liability, it simply indemnifies them against risk. You are still at liberty to ignore the other insurer and pursue the other party directly for restitution.
You can, if you so desire (and who wouldn't) reply to their offer with a refusal and advise them you intend to take legal action against their client directly (make sure you include details/ prices of several replacement vans from autotrader).
Think of it like this, if you knocked a lamp post over and it cost the council £2000 to replace it, you would expect to have to pay two grand damages.
Edit: there's nothing to stop you going out and buying a replacement van tomorrow, then seeking to recover the cost (as long as it's no better than the original)
Are you American?
Thats not right mate, if the other driver has excepted liability, you should get a hire van straight away.
Is it a write off or could you get the compo and buy it back to repair as others have done rather than buy another one if you know it is reliable.