If someone crashed my car and it is written off what do i get?

[badgerchops]

my car was crashed (their liability) and they are only issued 3rd party. i am fully comp. its borderline total write off. If it is written off what do i get ? its a 2009 micra. repair damage £2200 if not written off which i have to pay. but what if its a write off - what then??

[badgerchops]

basically to add, im insured full comp, lent car to someone, they smashed it, their fault, if written off what happens, do i lose everything?

[Buenchico]

I assume that by 'crashed my car' you're referring to situation where you permitted someone else to drive your car who then had an 'at fault' accident in it.. (If you're actually referring to someone else crashing INTO your car, with it being their fault, then the following won't apply).

Unless that person was a 'named driver' on your policy, your own insurance won't pay you a penny. Further, since the driver only had insurance covering damage to the other driver's car (or injury to the other driver), their insurance won't pay you a penny either.

It makes no difference whatsoever as to whether the level of damage was sufficient to cause the vehicle to be 'written-off'.

It's up to the person who was responsible for the damage to your car to pay for it. Since they've got no relevant insurance cover it must come from their own pocket. Your only option is to make a formal written demand for payment, threatening legal action if such payment is not received within a specified period of time. If payment is not received within that time you should commence a claim through Her Majesty's Courts Service's online system:
https://www.moneyclaim.gov.uk/web/mcol/welcome

However if that person hasn't got any money, or you can't sue them for personal reasons (e.g. if the driver was your hard-up student son) there's absolutely nothing you can do.

Chris

[twix123]

If the repair costs is about £2200 I doubt that a 2009 car, valued approximately £5000, would be written off!

[hc4361]

It won 't be written off simply because the damage is not covered by any insurance. It is insurance companies that 'write off' vehicles.
Buenchico is correct - your friend has to stump up whether it is considered a write off or not.