Replacement car after accident write-off.

quintus

Hi, I'm trying to get some information or maybe some legal pointers about the following.

A few days ago my partner was involved in a car accident where she was injured and is still in a great deal of pain. Hospital visits have been done, and solicitors have become involved with the accident claim.

The car she was driving is, according to her insurance company IS a right off, and we are awaiting the insurance companies decision as to what is to be done.

Since the accident we have been given a rental for a week, that week comes to an end tomorrow and my partner has NO vehicle to travel to work, public transport is out of the question as the distance and location are to great.

I'm seeking information about what we can do to demand that a replacement car is made available until my we have the financial means to purchase a replacement. i.e Insurance pay-out. The way it's stands now is, we are expected to return the rental tomorrow but nothing is resolved. We have not received any payment by the insurance company, we are in no financial position to replace the vehicle at the moment and public transport is not viable.

I would appreciate any positive suggestions as we are at our wits end. the job my partner has was a godsend after a lengthy period of unemployment.

seamus

Ultimately what she's waiting for here is confirmation that her car is a write off?

What you can do depends on who was at fault. If she was, then her insurance only covers rental for a number of days, and that's that.

If she's not at fault, then she could rent a car for another week and claim that as expenses against the other person's insurance.

I would ring your own insurance company and ask them what to do next. If the plan is to write you a cheque for the replacement cost of the car, then you could realistically go car shopping today. But some insurers might insist on providing a replacement car from one of their dealers.

carav10

Had a similar situation a few years ago. As I was injured though, I delayed availing of the replacement car for a few weeks until I was able to go back driving. My insurance company were fine about doing this but obviously too late an option for you now.

When it came to the initial rental time being up, as there was pretty much a 100% confidence that the other party would be liable, they conferred with the other insurance company and I managed to negotiate another 2 or 3 days out of them until my own write off was sorted for payment and had another car identified.

If the other side will be found liable, and you have a obliging insurance company who will be recovering costs from the third party, then suggest a few days extra to buy some time. Otherwise, you will most likely need to rent at your own cost and then submit for reimbursement as part of the legal case which could be years away from now.

But if the fault is on your partner's side, then they are not obliged to do anything further for you.

quintus

Thanks for your reply.