The Competition & Markets Authority (CMA) is a UK government department, responsible for strengthening business competition and preventing and reducing anti-competitive activities. In September 2014, it produced a report following an investigation into the private motor insurance market. One of the things they considered was the possibility of providing improved information to consumers on their rights following an accident. They noted that there appeared to be market-wide support for such a measure. CMA found a poor level of awareness among consumers about their basic rights following a road traffic accident that was not the consumer's fault. The report summarises the legal and factual background to its remit. It explains how the law requires motorists to hold a valid insurance policy to cover “third party” risks. In other words, insure against the risk they will injure another person or their property through their driving and have to pay compensation for those Continue Reading
How do you know if your vehicle is repairable or a write-off after an accident?
If your vehicle is damaged in an accident, how your loss is measured will depend on whether it is regarded as economically repairable or not. In this process, it is the market value of the vehicle at the time of the accident which matters as the economic benchmark. The amount it’s insured for does not matter. Neither does the likely replacement cost. The seriousness of accident damage is ranked by insurance assessors using various categories. Prior to 01 October 2017, the four categories were A to D, with A being most seriously damaged and D least severe. In the name of “progress”, this logical system has now been replaced by something less intuitive. The categories are now A, B, S and N. Categories A and B are unchanged from before. Category A vehicles are so badly damaged that they must be scrapped and crushed. No salvage of parts for re-use is allowed. Under Category B, vehicles are again extensively damaged, though some parts may be salvageable. The vehicle must be Continue Reading
How is your loss calculated if your vehicle is damaged in an accident?
Personal injury claims often result from road traffic accidents. In that context, clearly, potential claims for damage to cars will also come up. In what circumstances will a damaged car be treated as a total loss? In other words, what is the basis of calculation of the claim you can make if your car is damaged? In Scotland, the law dates back to the case of Pomphrey –v- Cuthbertson, decided in 1950. This arose out of a road accident in 1948. William Pomphrey, a newspaper proprietor from Wishaw, and his wife, Joan, made claims for personal injury compensation and losses on Mr Pomphrey’s vehicle against James A. Cuthbertson Limited, agricultural engineers. Mr Pomphrey’s Fordson commercial motor car had been damaged in the collision between the car and a Dodge motor lorry, owned by Cuthbertson and driven by one of their employees. The claim was based on vicarious liability and liability was admitted. The accident had been caused by Cuthbertson’s employee’s negligence. So Continue Reading