If brand new car( 2 days old and not my fault) is rear ended do i have to accept repair to car or not?

I was in a stationary queue waiting for car in front to turn right when a car hit me from behind, the car was travelling at 50mph according to driver ( " I was only doing 50" ). My car a fiesta ST had the boot completely totalled, even the spare wheel was ripped out leaving a large hole in the boot floor, and the other car an astra had the front end stoved in. The driver of the astra has admitted liability and her insurance company have said that they will pay out. however i was covered by Fords 1 week free insurance, they have said that they want to repair the car,even though i have told them that i will not drive the car again, as i will not feel right in the car after it has been involved in a major accident, plus i will have to declare the accident when it comes to selling it. Do I have to have the car repaired or am I entitled to a new car as none of this is my fault?

t3h1

if the car is repairable then your probably going to have to accept it, why would they write off a car that can be fixed safely?

but if the other drivers insurance wants to pay out then it might be better doing it that way. i doubt that ford can force you to take their offer if somebody else is prepared to pay out.

wouldn't this also mean you have to inform future insurance companies that you made a claim within the past 5 years or whatever it is, increasing your cost to insure?

stupot

its worth checking out! but it was, if the car was under a certain age , they replace it phone you insurance!!

rebel

Sorry, but it has to be repaired..they will not replace it with another new one..BUT you have the right to have it fixed where you want it done, not at a shop they pick..

CowboyBill

Well boo-hoo crybaby. Does YOUR insurance total a vehicle just because you don't want it anymore? If so, let them handle the claim and you go car shopping tomorrow. If not then pull your diaper back up and get on with this thing called LIFE.

sonic

Doesn't matter how old the car was on when the accident happened. If you are not happy then get an independant company to assess the damage (you will have to pay for this). As for repair i take it the car has gone to a repair shop so the damage can be assessed and quotes have been given to the extent of the damage and the cost of repair.
A new car will only be replaced/money offered if the damage affects the structure of the car and cannot be repaired to the current standards required for it to be safe and legal on the road. My brother wrote a brand new toyota off a few years back it was only 12 hours old. The damage was so severe ie wishbone/engine/bonnet/ wing/door/chassis twisted etc... (side impact at 60mph) it was replaced but he had to wait 12 weeks for the replacement direct from the factory but he was told if the chassis had not of twisted it would of been repaired. So it depends on the actual damage as it can look worse than it actually is as to weather it gets repaired or replaced.

sweetscpurplerose

If there is a loan on the car it has to be repaired since the car is still legally theirs until you pay it off.

jerry

Allstate sells a policy where if your car suffers some set amount of damage in the first 30 days, they replace the car.
Otherwise, you are not entitled to a new car, only the cost to repair the car. The depreciation from the accident will probably be minimal, as long as you are not planning on selling the car within the next 3-5 years.
If you don't want to drive the car again, then you just have to buy a new car. Insurance companies will not pay to replace the car and generally do not pay for depreciation.

bostonianinmo

If the at-fault driver's insurance carrier has agreed to write it off then your insurance carrier should have no objection to that. It's not as if it were costing them anything anyway!

D.L.

The insurance company will not pay for you to get a new veh if it is repairable. You may want to take pay out from them fix veh, and sell it or trade it in on a new veh.

StampHead

Check out your states laws on how much damage is considered a total loss. Also, the at fault insurance company my find it less expensive to quickly replace your car and not have to pay rental & legal fees.

Captain Jack

It's not a matter of who is at fault. It's a matter of the cost to repair the car vs. the value of the car. Beyond a certain amount and it is declared "totalled" and you could replace it.

Apparently your cost of repair has not exceeded the amount required to "total" it.

This should be spelled out in your policy.

yiannis the greek

you have to as from the time you buy the car it is used car, so they dont go to buy a new one for you anles is unrepairable.

plezurgui

In the US, you would have to accept it. It is a bummer, but there you go. A friend took his new vehicle to a detail shop and the employee of the detail shop slammed into a utility pole with a cement base. My friend fought long and hard, but eventually had to accept the repaired vehicle.

a99blkdog

get the shyster lawyer and get to court.

la428282

You cannot just declare you want a new car.

All insurance owes you is the cost to repair the vehicle or the actual cash value of the vehicle (whichever is cheaper.) You will get no more. (Dont listen to the fools who say to get a lawyer.)

And.. they will not repair your vehicle unless it can be safely brought to pre-loss condition. So dont worry about it.

jeff

Seek further legal advice as soon as possible on thank you to be really sure of your actual position in law

MahWhobRowhew

Hi,i am new here! this is a nice forum!

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