I was involved in an RTA last week.  My VW Passat (07 plate) was almost written off, but I have been advised that the £12k+ of estimated work is going to be carried out. (I wanted it written off as I have a 'gap policy'.)  This estimate was made by my insurers engineer. 

Can I insist on this work being undertaken by VW themselves instead of using my insurers preferred company, which is UK Assistance, even if this were to adversely affect the estimate?  Any advice will be much appreciated.

You can use whatever garage you like - you do not have to use the one 'recommended' by an insurer but you may find that they will refuse to give you a courtesy car and/or warrant the work. These are bully-boy tactics to force you into using one of their 'preferred' agents as it usually has a cost impact on them. If you use a main agent (as I would) simply explain the circumstances to them and I am sure they will warrant the work and offer a courtesy car.

SHARK! 

Further to my previous entries, I have been told my car is a write off and that the insurers and gap policy holders have agreed on the market value.  The problem I have is, when I bought the car 2 months old for £24k in June '07 I was told by the VW dealer that the gap policy would provide me with 'a brand new car' if ever it was w/o or stolen.  So my expectation was that I would be given sufficient to pay £27k+ to get a brand new car of the same spec. 

Having been put straight by the gap insurers, do you think I have a case against the VW Dealers who told me the policy would ensure I got a new car?  I realise with hindsight that I have been naïve, but I had no reason to question the guy's comments, having never purchased a car this new before, or had to make a serious ins claim.  I haven't been able to speak with the dealer yet.

Thanks for any help or advice.

Hmmm,

Legally this is a dodgy one as you are dealing with 'verbal contracts' which can be a bit of a nightmare unless you are assertive. If you bought the vehicle upon the strength of something that was said prior to purchase which became material at the time, you can quote 'verbal contract' at the dealer provided the Ts and Cs do not supersede anything stated prior to the sale being made. That being said, any dealer who has a customer of your standing should be bending over backwards to try and help you and you are looking at a £3k difference which in the scheme of things shouldn't have been an issue for them if they stated this in the first place.

See what they say and make sure that you are certain that this was what was actually said. If it was, then someone should be honest enough to put their hand up and say that they made a mistake, and come to some arrangement with you.

SHARK!