My Daughter has a 6 month old Mercedes on a PCP- was involved in none fault accident - other driver + their insurance accepted full liability.
Car is being written off- never took GAP cover and now has a shortfall of £5k between payout and settlement figure.
insurance company say not their problem-
Question can my daughter claim ?- on basis through no fault of hers she has been left with no car & £5k owed on PCP
welcome advice / thoughts please 2011 XS,Sumatra Black, GONE MARCH 2014- RR Evoque Prestige 5 door ,MY 2014,Loire Blue, Silver Roof, Panoramic roof.
MY 2016 Disco Sport HSE Auto Scotia Grey,REJECTED
Mercedes E220D AMG line with air suspension(Gone)
DS 200 SE Dynamic my 21 (Gone)
DS 200 SE Dynamic my 22 (Gone)
Audi Q5 40TDI S line (gone)
Discovery Sport D200 S 2024 MY

Last edited by GJH0702 on 30th Sep 2016 7:21 pm. Edited 1 time in total

Are you dealing with your own insurance company, or directly with the third party's insurer?

The 3rd parties as they accepted full liability straight away 2011 XS,Sumatra Black, GONE MARCH 2014- RR Evoque Prestige 5 door ,MY 2014,Loire Blue, Silver Roof, Panoramic roof.
MY 2016 Disco Sport HSE Auto Scotia Grey,REJECTED
Mercedes E220D AMG line with air suspension(Gone)
DS 200 SE Dynamic my 21 (Gone)
DS 200 SE Dynamic my 22 (Gone)
Audi Q5 40TDI S line (gone)
Discovery Sport D200 S 2024 MY

Most policies will replace like for like if under 12 months old, claim through her own policy if the TP insurance won't play or try via the legal policy if she has it, unclaimed losses, unless of course you can purchase the equivalent car with similar mileage for less. my PC is slightly to the right of Genghis
2012 HSE SD4 In Orkney Grey now gone, best car ever.

Stop. Do not accept their offer. Talk to your own insurance company now.

There's in error in your original post. Did you mean to say "6 months old". Your insurance company is highly likely to pay out the new price in the first year and will persue the third party's insurance company for the money.

Great advice- thanks all- Just spoken with the 3rd party Insurer & 'rejected' all offer's and indeed made complaint as when they contacted us they said in case of a write off they would pay off any shortfall.
Whilst I was on one phone daughter on another to her own insurer who dispute write off anyway as Mercedes body shop say repair at @ £11k - but they have said if found to be write off they will replace car as policy covers - and as 3rd party insurer has admitted full liability then they will claim back
Fingers crossed it get sorted- I will be buying GAP for my Disco Sport over weekend 2011 XS,Sumatra Black, GONE MARCH 2014- RR Evoque Prestige 5 door ,MY 2014,Loire Blue, Silver Roof, Panoramic roof.
MY 2016 Disco Sport HSE Auto Scotia Grey,REJECTED
Mercedes E220D AMG line with air suspension(Gone)
DS 200 SE Dynamic my 21 (Gone)
DS 200 SE Dynamic my 22 (Gone)
Audi Q5 40TDI S line (gone)
Discovery Sport D200 S 2024 MY

Remember that in this scenario the third party insurer CANNOT insist that your car is written off.

You have no contract with them and as such can quite simply reject their offers to write off the car and insist it is repaired.

They'll kick, scream and moan but there is nothing they can do. They CAN NOT write off your car without your permission, and MUST repair it if you insist they do so..

Thanks - but they are saying that Mercedes finance will insist its written off as is Cat D- albeit own insurer says its a viable repair as do Mercedes bodyshop= Confused ! 2011 XS,Sumatra Black, GONE MARCH 2014- RR Evoque Prestige 5 door ,MY 2014,Loire Blue, Silver Roof, Panoramic roof.
MY 2016 Disco Sport HSE Auto Scotia Grey,REJECTED
Mercedes E220D AMG line with air suspension(Gone)
DS 200 SE Dynamic my 21 (Gone)
DS 200 SE Dynamic my 22 (Gone)
Audi Q5 40TDI S line (gone)
Discovery Sport D200 S 2024 MY

Well.....if Mercedes Finance (the owner of the car) is wanting it written off then it probably will be.

As long as you know that the decision is NOT the insurance company's to make.

As it is non-fault and you are dealing with the third party's insurer, then it si the owner of the car (in this case Mercedes Finance) who hold the aces

If you can convince THEM not to agree to write off the car then the third party's insurer cannot write it off unilaterally and must repair it.

It's in Mercedes Finance interest to write it off, Mercedes then shift stock, that's all it's about, they don't want to repair cars they want to shift numbers. Insurance is a scam.

Agreed. Hence the first paragraph of my earlier reply.

I was merely making the general point that, from a pure legal standpoint, the third party insurer CANNOT unilaterally write it off. If the owner insisted it should be fixed, then they MUST do so.

taztastic wrote:

It's in Mercedes Finance interest to write it off, Mercedes then shift stock, that's all it's about, they don't want to repair cars they want to shift numbers.

Mercedes Finance want to write it off because the Guaranteed Minimum Value on the PCP will be impacted by the fact that the car is a Cat-D. In effect, Mercedes Finance may end up losing money on the deal because the value of the car will be less than the GMV come the end of the PCP. So if they can get full replacement value they've mitigated that risk. The fact that they also shift another vehicle is a happy coincidence

taztastic wrote:

It's in Mercedes Finance interest to write it off, Mercedes then shift stock, that's all it's about, they don't want to repair cars they want to shift numbers. Insurance is a scam.

in that case so is dentistry, anyway who wants an extensively repaired car when a new one is offered

you pay the money and get a service, the service provided has to be economic for the insurer other he might as well close the office and go to the beach.

I enjoy being insured, motor and business gives me piece of mind, expensive product but I sleep like a log At work
At home

"I can't always believe facts I read on the web" - Charles Dickens

winner by default of the tractor vs caravan race

I too enjoy being insured, it's still a scam though. Why can't insurance companies insure to a value rather than have to insure the difference, nonsensical situation designed so they can make more.

Metropolis wrote:

taztastic wrote:

It's in Mercedes Finance interest to write it off, Mercedes then shift stock, that's all it's about, they don't want to repair cars they want to shift numbers.

Mercedes Finance want to write it off because the Guaranteed Minimum Value on the PCP will be impacted by the fact that the car is a Cat-D. In effect, Mercedes Finance may end up losing money on the deal because the value of the car will be less than the GMV come the end of the PCP. So if they can get full replacement value they've mitigated that risk. The fact that they also shift another vehicle is a happy coincidence