Back where you were before

Please could you direct me to the location on your website where you have given advice to readers who have been involved in an accident, in which the damage to their vehicle is entirely responsibility of the third party.

A friend has just had her R plate VW Polo written off by a motorcycle sliding into the front of her car. Fortunately for all concerned the rider had already parted company with his bike and lived, not only to tell the tale but admit full responsibility. I recall your assertion that, in these instances, it is the responsibility of the third party's insurance company to 'restore the damaged vehicle to its pre-accident condition'.

This would result in a better outcome for the innocent party than accepting an 'write-off' offer under their own comprehensive policy. In addition, as my friend's insurance company will only continue to pay for her hire car for seven days after they have made an offer, by what route can the third party's insurance company be made to pick up the tab?

Asked on 19 September 2010 by IJ, Reading

Answered by Honest John
It’s here:
www.honestjohn.co.uk/faq/blameless-crashes

The courts are no longer seeing it my way. Common law has gone out of the window. Nowadays all they insist on is that the injured party gets the market value of their damaged property, and that this puts them in the position they were in before the damage was done.
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