That might be what they state in their terms and conditions for their insured driver, but you are not their insured driver so it doesn't apply. They can state what they like, but taking it to its extreme, a court may have to decide what is right and proper in the circumstances.

You do need proper legal advice to establish your options.

I'm aware of cars (admittedly proper 40+ year old 'classics') that've been badly damaged and entirely rebuilt at massive expense after accidents, purely because there isn't a pool of available cars to replace it. Most will have been on cherished policies, which I'm assuming yours is not?

Even if your car cost £20k to repair, if someone smashes up a year old modern Audi it'll cost £20k+ to replace that, and they won't quibble that in the same situation. It's all in the art of building an argument for why your car is unique.

I'm fairly sure that the concept that you can force a 3rd party insurer to repair at any cost is not fact.

If you can't come to a mutual agreement then it is likely that you will end up in the small claims court. Civil law limits the 3rd party liability at "market value" of the car prior to incident, the reason the write cars off at repair costs of 60-80% of that is by the time courtesy cars and any additional costs in that will equate to market value, so a simple financial call.

They key thing for you now is to establish market value for a similar car based upon pre-incident condition - which is highly likely to be a lot more than the book/trade value!

Do your research, bear in mind at this age condition is key in your search, not colour or even spec..... so you could argue that a clean 4.2 is closer than a shabby 3.7. Find some clean D2's for sale, and prepare to negotiate hard.

If you want to repair your car, then you can ask for a cash settlement or to buy back as salvage, maybe worth considering, but also maybe not depending on your outlook.

Good luck, and glad nobody got hurt +++

Sergey,

What a heart breaking sight. I feel for you and the effort you've put in to the car. As MJ says if there is anything you need and can't get it from A8Parts let us know. :mad:

Thanks again friends.

The only viable technical option that I see is re-shelling from a donor with perfect bodywork.
As MJ is suggesting, it should be 3.7 donor with 75% of them already being rear ended in the past, with only 25% in good condition, which significantly complicates things.
This can now take years and years of waiting patiently.
Fortunately, I have place in the garage to keep it pretty much forever until a good opportunity emerges.

I'll see what insurance will offer me, but if compensation is capped at market value I don't even see a point of talking to these people. In terms of trying to demonstrate it was actually a 'cherished car' I see no baseline for comparison. A couple of examples were sold at www.4starclassics.com, but they don't publish prices for what those cars went.

Sergey I am so sorry to see what has happened to your car. There's plenty of sound advice here. As I see it you are now in a damage limitation situation and you will need to plot the best course through.
I guess that will be a write off pay out. Followed perhaps by re-purchasing your car and getting it back into the condition that you will be happy with.

My biggest shock with the entire thing is that you were actually sitting in a car wash!

>> My biggest shock with the entire thing is that you were actually sitting in a car wash!

That makes me properly shocked too Nick!
The whole vision of UK as a safe society is tarnished.
I thought car washes were pretty safe places, but no.

How on earth someone can point his car at you, press full throttle and drive? Here in the UK. Like suicide bomber. Jesus Christ.
I'm SO lucky I'm alive and not injured. I really am. Glad I have chosen to sit in car and not to stand outside near the boot.

I'm sorry to hear that. I had a battle to get mine fixed after the front bumper was damaged. As mentioned earlier, be prepared for a write-off and a low value. Whatever they value your car, you should be able to get something similar to what you have for the value (not at all easy) so having doing some research always helps.

I emailed https://www.motorclaimguru.co.uk when trying to sort mine out, he seems quite knowledgeable and may be able to help if you are having problems with the value or repair.

Wishing you all the luck you need.

So sorry to hear this Sergey, just hope you can find a way of getting the car restored to a state that would be acceptable to you.

cheers

+1 from me Sergey.
My Granada was rear ended by my son-out-law during a holiday in France. Bent the boot lid down slightly under the car and holed the petrol tank.
I roped the back end to a tree and gave it some welly, meant I could open & close the boot. Could not fill the tank over half.
Insurance write off so I accepted and bought it back for 1K. Used it for another five years then scrapped it.
Think they gave me 5K, can't remember fully.

Hey mate, gutted for you.
I think you'll get nothing out the insurers but play the game a bit if you have too, your car is worthless but the 15K for personal injuries might make it a bit easier to swallow.

and why is that old man still upright with an unbroken nose?