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[hotel21]

Quick point to Essex al - if my car which is fully insured etc sustains damage to, say, a wing and a corner then my insurer, if I claim and its my fault could quite correctly ( after a big argument) write my car off (buy it back etc yadda yadda).

If A N Other strikes and damages my car and they admit liability then their insurers simply cannot write my car off and pay me their estimation of a value. I have no contract with them whatsoever. Their client is liable through their good selves, the insurers, to ensure that my car is repaired to immediate pre accident condition.

Been covered a fair bit previously, just wanting to confirm understanding.

Nowt to do with original Q, just wandering orft topic as usual!   

[Entwood]

Can I tax/insure MOT it before the VIC check and issuing of new V5 ? 

Tax yup .. but probably only at a post office, Mrs E's clit has just been repaired cat C and the online/telephone tax option wouldn't work .. but easy peasy at the PO.

Not tried to reinsure it but I guess that depends on the company ..

[Entwood]

Quick point to Essex al - if my car which is fully insured etc sustains damage to, say, a wing and a corner then my insurer, if I claim and its my fault could quite correctly ( after a big argument) write my car off (buy it back etc yadda yadda).

If A N Other strikes and damages my car and they admit liability then their insurers simply cannot write my car off and pay me their estimation of a value. I have no contract with them whatsoever. Their client is liable through their good selves, the insurers, to ensure that my car is repaired to immediate pre accident condition.

Been covered a fair bit previously, just wanting to confirm understanding.

Nowt to do with original Q, just wandering orft topic as usual!   

Sorry , totally false, as we have just found out  with Mrs E's clit ... they cans till write it off, rules changed by caselaw in the appeals court...

Court of Appeal 28 8.E.35.
Harbutt’s Plasticine Ltd. v. Wayne Tank and Pump Co. Ltd
Judgment: Lord Widgery and Lord Denning

“The distinction between those cases in which the measure of damage is the cost of repair of the damaged article, and those in which it is the diminution in value of the article, is not clearly defined. In my opinion each case depends on its own facts, it being remembered, first, that the purpose of the award of damages is to restore the plaintiff to his position before the loss occurred, and secondly, that the plaintiff must act reasonably to mitigate his loss [emphasis added]. If the article damaged is a motor car of popular make, the plaintiff cannot charge the defendant with the cost of repair when it is cheaper to buy a similar car on the market. On the other hand, if no substitute for the damaged article is available and no reasonable alternative can be provided, the plaintiff should be entitled to the cost of repair."

and this has been confirmed by the Financial Ombudsman Service...   but the fight continues ...

as they undervalue the car and overprice the repair to ensure the highlighted portion is "met" ... and you have no right of appeal ..

[hotel21]

On a phone so not easy to quote and reply etc.

The case is still sound if no direct alternate car is available, especially as 'the car' ((omega elite estate in gold with all toys) and thus 3rd party insurers deemed responsible to restore to pre accident? 

May not apply to a common or garden/reasonably current clit/corsa/fiesta/similar as easily....

Good luck on the challenge!   

[Entwood]

On a phone so not easy to quote and reply etc.

The case is still sound if no direct alternate car is available, especially as 'the car' ((omega elite estate in gold with all toys) and thus 3rd party insurers deemed responsible to restore to pre accident? 

May not apply to a common or garden/reasonably current clit/corsa/fiesta/similar as easily....

Good luck on the challenge!   

They "showed" a Glasses guide quote of a same year/engine size clit, without power steering/air con (both then described as "no value extras"), different colour, 20,000 more miles, and 140 miles away at £300 less than the repair estimate ... and stated that was a "similar" vehicle under the quoted ruling ....

So don't bank on similar meaning something close ... 

[hotel21]

Need to apply some real life guide adjustments ref miles and extras then. Get a car salesman on the defence side. No doubt value would yoyo dependant of whether ther were for or agin you!

[Entwood]

If REALLY bored read this ... it shows what you are up against .. the FOS is there to protect the insurance companies .. not the innocent party

http://www.financial-ombudsman.org.uk/publications/technical_notes/motor-valuation.html