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Insurance Claim - Who keeps the money

17 replies

Wild123 · 28/08/2019 18:07

So me and my daughter were in a car accident and my partner (not living together) was driving. We got rear end whilst stationary. Myself and my daughter got a payout for our injuries and my partner is claiming separately and we are still waiting outcome of the car. Now he think they will write the car off and he will lose a couple thousand on the vslue he could sell it and expect our compensation money to cover his lose.

Money has been SOO tight for me and my girl recently and this would really help so im not sure if thsts why im being protective about keeping it or being unreasonable abd should give it to him. What do you think?

OP posts:
BritInUS1 · 28/08/2019 18:09

He gets paid for the car - he has to negotiate the value with the insurance company

You got paid for injuries, your money is nothing to do with him

Bringmewineandcake · 28/08/2019 18:12

If the car is written off, the payment for it will be its “pre-accident value”. He won’t get back what he paid for it, unless he bought it in the last 12 months. The money he gets will enable him to buy another car of a similar age / mileage / condition etc.
Your money is your money, and you should absolutely bin him off for his sense of entitlement over other people’s money.

UndomesticHousewife · 28/08/2019 18:40

The money he will get from the insurance company in the event it's written off should be market value, which means the price you will pay when you go to a dealer and buy the same car in the same condition with same mileage as it was before the accident, or as near as.

The insurance company may initially offer a figure which may be low but you can hold out for fair market value. Use glasses guide for example, to get an idea of its market price.

What your partner could have sold it for isn't necessarily relevant as he can ask any price he wants but the insurance company will only pay what it's worth.

Your compensation has nothing to do with it.

RB68 · 28/08/2019 18:44

his loss is not your responsibility - you didn't cause the accident, he needs to argue the toss with insurance co - its all a what if anyway in terms of what he believes its worth vs them

He is being grabby your money is for your injury end of

Wild123 · 28/08/2019 19:06

Thanks these thoughts were exactly what i was thinking just wanted to check i wasnt being unreasonable in thinking it was nothing to do with him.

OP posts:
Wild123 · 28/08/2019 19:07

If the roles were reversed it wouldnt even enter my head to take any money from him.

OP posts:
jellycatspyjamas · 28/08/2019 19:09

Your payout is compensation for your injury, nothing to do with his loss and he has no entitlement to that.

Having worked in the industry though it’s very unusual for personal injury claims to be paid out before car damage - usually injury claims involve medical evidence and a period of recovery to ensure symptoms don’t get worse etc so I’m surprised you and your daughter got your money before he knew the settlement value for the car.

Windydaysuponus · 28/08/2019 19:10

Wow he is a cf isn't he??

Gustavo1 · 28/08/2019 19:13

I also agree that the money awarded to you is yours and anything awarded to him for his car, is his, for his car.
It’s not reasonable of him to expect you to pay for the car. You are not to blame or responsible for the accident and have no obligation to help him replace the vehicle

KitKat1985 · 28/08/2019 19:14

No he shouldn't get your injury money. That's to compensate for pain, stress, lost earnings etc.

If his car is written off he will get the market value of the car pre-accident. Big tip here - look up how much the same car (with roughly the same age and mileage) are going for on Autotrader. DH did this so knew what his old car was worth, and therefore was able to successfully negotiate with his insurance company a bigger payout than they first initially offered him when his car was written off.

Missingstreetlife · 28/08/2019 19:44

Sometimes they let you buy the car back wit the insurance money and you have it repaired cheaply. They write off perfectly good cars because they won't pay dealership repair price. He should also get no claims and excess back from insurance

Walnutwhipster · 28/08/2019 19:46

You've got your injury payout before his damage claim?

Windydaysuponus · 28/08/2019 20:15

How old is dd? When my ds was in my car and we crashed he didn't get his compensation until he was 18...

InvisibleWomenMustBeRead · 28/08/2019 23:28

Agree with the others - your money is compensation for your injuries and nothing at all to do with your DP. Keep your money!

HirplesWithHaggis · 28/08/2019 23:37

Having worked in the industry though it’s very unusual for personal injury claims to be paid out before car damage - usually injury claims involve medical evidence and a period of recovery to ensure symptoms don’t get worse etc so I’m surprised you and your daughter got your money before he knew the settlement value for the car.

DS was T boned a few years ago, other driver admitted guilt immediately. No medical treatment required though he was a bit shaken and bruised. Her insurance company paid his compo within a week and a half, not a huge sum of money (about £1500 iIrc) and I did warn him this meant he couldn't claim again should anything deteriorate.

Took a bit longer for his written-off car to be recompensed.

Ariela · 29/08/2019 00:00

He needs to negotiate the value of the car with the insurance.
My friend's husband has a quite rare van, somebody drove into the side of it. As the van is quite old the insurance wanted to write it off. However he couldn't find another one to replace it for the amount they deemed it was worth. SO he got their assessor out and they agreed to repair it instead, as it was immaculate for the age and low mileage and he clearly could have sold it for far more than a standard van.

TiredOldTable · 29/08/2019 00:59

You've got your injury payout before his damage claim?

My thoughts exactly.

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