Can I claim for this?

[Wylderose]

Hi I don't know where to post this so perhaps you may like to move it somewhere appropriate.

I received a letter today from a solicitor regarding a vehicle accident

In February of this year a young guy parked his vehicle on a hill with the handbrake off and as a result his unattended vehicle ploughed into the back of my vehicle, which was then shunted into my neighbours vehicle. My vehicle was a write off and my neighbours vehicle required extensive repairs.

It would appear that my previous insurance company have instructed solicitors to recover their expenses from the young lad who parked without due care and attention.

So I am being asked if I have any losses that need to be recovered with their claim.

I had a hire car, so cannot claim loss of use. I did not lose earnings because I was able to work from home. I had no policy excess because they agreed that I was not at fault and that a no fault claim had been made. But even though I received £4K for my written off vehicle, it cost me an additional £10K to replace my vehicle. Can I claim for my additional expense of replacing my vehicle?

Is this normal practice as I would have thought his insurance company would have covered my claim?

I have not been in this position before so would appreciate your views

Thank you

[atticus]

Did you replace like for like (model, mileage, condition etc)?

[R0b]

Hi,

There is no harm in trying to claim the additional £10k but I don't think you would be entitled to it. Presumably the £4k awarded to you was based on the current market value of your vehicle immediately prior to it being written off which is all you would usually be entitled to as that would put you back in the position had the incident not occurred.

The question you will be asked is why has it cost you £10k more to replace the vehicle i.e. was it the same make, model, year, mileage give or take? Or have you simply upgraded to a newer version, which would have been your choice? If the additional £10k is based on an exact like for like, why did you take such a substantial underpayment from the insurer?

As for the hire car, did you have to pay anything for that as that would be recoverable. Other miscellaneous expenses I've heard being claimed are the loss of fuel left in the tank, personal items that were in the vehicle and have been damaged, vehicle recovery and storage (if not covered by insurer).

[Wylderose]

Hi and thank you. No I did not replace my low mileage convertible with another of the same make and model. I replaced it with a slightly newer vehicle, also diesel of comparable mileage because I travel quite a distance to and from work and needed a reliable vehicle. £4K was what the insurer said my convertible was worth and not being a mechanic, I wouldn't know what it was worth, but the additional loan I had to take to buy another vehicle was not on my wish list, especially as it has been additional loan expense every month. Other than having to buy a new (2nd hand car) everything else was covered on my business insurance.

I am not entirely certain that the young lad whose vehicle it was could even afford more than £5/week as he was only in his 20's. I was just really curious more than anything and wanted to find out if this was a possibility because this letter coming through today was kind of out of the blue. Thank you anyway