This morning, mrs aracer’s car had some tiles fall on it from the roof of the building she works in. Several big dents in the bonnet, including a couple which have punctured it, some slight damage to one of the headlights and a small scratch in the windscreen.

It’s going to be paid for by the company buildings insurance – not a problem with that from the company, it’s a small company and she works directly with the directors (I guess the insurance company might be awkward, but nobody is going to try and deny liability and plenty of people witnessed it). However, it’s a 16 year old Focus and I suspect that might write it off which she doesn’t really want.

Any tips on the best thing to do with this?

Just let the company/insurance company deal with it

Cash settlement and get doon the scrappers for a bonnet and headlight. Get autoglass oot to fit a screen ?

You cant make them not classify it as a write off.

But won’t they write it off, which is the worry?

might be in a better situation as it’s not a car insurance claim.

Just got to stick to your guns that you want it repaired and not written off.

edit: you can insist to be put back in the position you were in before the incident. A fix should be on the right side of £1k if they use 2nd hand parts which they can do.

You might have to reject the first claim and haggle them down a bit. That might be first.

Cash in Lieu settlement, re-MOT the car, pocket money

Then the directors *might* be miffed their insurance has gone up, your missus gets a cash payment, your focus stays in the same state.

How are the company liable for the damage for their insurers to pay out?

Just playing devil’s advocate, they are doing the right thing, but I can see the insurers asking the question. Presumably they knew the tiles were loose and did nothing about it?

Their building, who else is liable?

They probably they are. They have to show they have done everything a reasonable building owner would do to prevent such damage.

But if the roof was checked recently and was sound, or if the tiles came off due to a storm, they might not be legally liable and so their liability insurance won’t pay the claim. If the tiles were left loose by a cowboy roofer a couple of days ago, the roofer is potentially liable, not the occupier.

They might be/feel morally liable, but you can’t get moral liability insurance.

I was just clumsily pointing out that it’s a legal matter, not contractual, and might not be as straight forward as you would like.

sine qua non?

Not sure why they’d bother with insurance for a few hundred quid, would’ve thought that their excess will be more.

Probably better if she just asks them, and mentions the concern and just asks that they pay the bill for the ‘chips-away’.

Buildings insurance <> motor insurance surely? It’s damage to property you’re claiming for rather than a motoring claim.

Their buildings will be covered by their property damage policy which, as the name suggests, provides cover for damage to their property / physical assets. but your wife’s care isn’t their property so I don’t think that would pay out. Normally it would be their public liability policy that would cover it, but this is complicated in that she may not be considered ‘public’ as she sounds like she is an employee and employers liability only covers injury to employees (not damage to their property). I could be wrong on this, but if we’re not talking big sums for the repair, it might be best for all parties to get the company to pay for the repairs themselves

They will probably value it at £200 or something stupid

The point is, you (or Mrs aracer) are not making an insurance claim. The company are paying compensation for damage that they have accepted liability for. How they fund that is irrelevant to you. Their insurer can’t write off your car as they don’t insure it; there’s no contract between you. Negotiate with the company for a settlement that puts you back where you were.