Cars do not run out of oil just because someone different is driving. If it did indeed run out of oil it was probably because either a seal got broken in the accident or because it wasn't topped up properly. You can't really blame whoever was driving when the last of the oil went.

If the oil levels were checked regularly, you should contact the insurer and insist that, while the oil did indeed run out after the accident, the leak was caused by the accident and therefor they are responsible.

At the end of the day though, if you make a big claim, the next premium will also be big. It's often better just to ask the person at fault for a cheque but it's too late for that now.

my daughters car was involved in an accident when she was hit up the rear by another car who did admit fault our problem is that when drive assist got involved the problems started they arranged a hire car good then they arranged an accident repair centre to collect the car when they turned up it was pouring with rain and he could not wait to get back to the garage so left very quick on the 50 mile trip to the garage the car so say ran out of oil and caused the car to brake down so was then towed to the garage where they said that the engine was beond repair and they would not therefor repair the car we were told that as the car ran out of oil affter the accident and not due to the accident that we were then responsible for it and have been told that they will not return the car we have to pay to get it back i think that as the car left here and was drivable and it was in the care of a so called garage and they caused the engine problems that we should have been paid in full for a written off car which they would do if the engine was a fault of the accident the car is only worth about £1000 so when they give us a check for repair for £400 and we are told to pay to have the car back it wont even pay to get it any help please as this is a hard one to work out thanks in advance simon