If my car is a total loss (write-off) and it was not my fault, do I only get the pre-accident value?

Question

José Manuel Alburquerque · Accepted Answer

Not necessarily. If the other driver was at fault, the normal way to compensate you is to pay for the repair, even if it costs somewhat more than the car is worth. Only when the repair is clearly disproportionate can the at-fault driver's insurer pay the value of the car instead of repairing it. And even then the pre-accident value (the “valor venal”) is not enough, because the “Tribunal Supremo”, Spain's Supreme Court, adds a percentage to it, known as the sentimental-value supplement (“valor de afección”), which in its leading judgment was 30 %. You can also claim any expenses you can prove, such as the cost of hiring another car. Repairing the car or paying its value The rule is to pay for the repair. The owner cannot demand it at any price, but nor can it be refused just because it costs somewhat more than the pre-accident value. Only when the repair involves an excessive sacrifice in relation to what the car is worth can the insurer pay the value instead of repairing it. There is no fixed percentage and the judge assesses it in each case. In that case what is paid is the pre-accident value plus the sentimental-value supplement, which compensates for the cost and inconvenience of finding another similar car. In practice it is usually between 20 % and 50 %, often 30 %. What else can be claimed Towing and storage costs. The cost of hiring another car or the loss of use of yours, if proven. In the Supreme Court case the hire was paid up to the day on which the insurer offered compensation. The transfer and registration costs of the replacement car, if they have not been taken into account in the sentimental-value supplement. Late-payment interest from the date of the accident if the insurer was late in paying. You have one year from the accident to make a claim, in Catalonia too. A written claim interrupts the time limit, but once you are notified of the reasoned offer (“oferta motivada”) or the reasoned reply another year starts to run. Your own policy is a different matter If you use your own damage cover, for example a fully comprehensive policy, you are paid whatever the policy says, such as the value as new in the first few years or the market value after that. If someone else was at fault, claiming from the other driver's insurer avoids the excess and the valuation tables in your policy. But if your policy pays you the value as new, compare before you decide, because you may be better off using it and then it is your insurance company that claims from the person at fault.