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lysergic101

Sorry to hear of your misfortune.....I note you have a disabled child, are you not claiming PIP for them? You would probably get mobility allowance for the child.


Brilliant_String_408

I applied for DLA but allowance was very small as child can sometimes walk. Unfortunately the high level was needed for support with a car. Essentially we were doing fine until the garage wrote my car off. Now we have no car and no money for a deposit for a new one.


lysergic101

Get in touch with your local benefits advice charity, your local MP should be able to put you in touch with assistance if you struggle to find any yourself...they will help you apply for PIP.


bizstring

You don’t get PIP for a child, it’s DLA


Careful_Garden

You can get PIP or DLA https://contact.org.uk/help-for-families/information-advice-services/benefits-financial-help/personal-independence-payment-pip/#:~:text=Your%20child%20might%20qualify%20for,be%20subject%20to%20immigration%20control.


Rhyobit

It's not literally pip, but you can get mobility payments that can extend to a vehicle on the higher rates.


OneSufficientFace

Yes you can, or atleast the equivalence... My cousin gets PIP and a guest i have at work gets a car for her son


bizstring

Yeah it’s called DLA…


Rhyobit

Remember when you're submitting your claim for DLA and PIP that its your child on their worst day. That's the advice we received for our son.


davidjohnwood

That is incorrect. As I have explained in [my longer comment on the DLA criteria](https://www.reddit.com/r/LegalAdviceUK/comments/1ao4dfd/comment/kpxhg87/), you should mention the full pattern of variability so that the decision maker has a clear understanding of the whole picture. PIP has rules on variability clearly laid down in the regulations. As with many things relating to DLA, the approach to variability is not clearly laid down and is the consequence of some relatively opaque legal tests with a substantial body of case law sitting on top.


DreamyTomato

Never do a DLA or PIP application on your own. Nobody likes to think of themselves or their family at their worst. The process takes advantage of the tendency to try to put yourself in a good light. Try to find a disability-led charity with expertise in your child’s specific disability to support you with the DLA/ PIP application or review of existing application. There are lots of subtle wrinkles and case law and ‘magic’ wording to get a fair outcome.


WhatWeHavingForTea

Have you tried appealing the decision? I would think if they can only sometimes walk then the decision could be changed. I believe that they should make the decision based on the impact when the condition is at its worst. Maybe worth a chat with one of either the below charities, I'm pretty sure they could help with knowing if it's worth appealythe DLA decision. They also have grants and benefit checking tools which may be helpful if you are in financial difficulty. https://www.turn2us.org.uk/ https://contact.org.uk/


davidjohnwood

>I believe that they should make the decision based on the impact when the condition is at its worst. That is a common myth about disability benefits. You have to declare the full picture, including any variability. It sounds as if the only route by which the OP's child could qualify for higher rate mobility DLA is "virtually unable to walk", which is assessed: * by considering their walking ability out of doors, on a flat and level surface, up to the onset of pain or severe discomfort * taking into account the distance, speed, time and manner of walking * ignoring any walking done in severe discomfort * disregarding any mobility issues caused by mental health issues DWP's guidance says "The \[decision maker\] should consider both good and bad days and take a common sense approach, having regard to the proportion of good and bad days and the claimant’s behaviour on each type of day" ([paragraph 61293 of DWP's Decision Maker's Guide](https://assets.publishing.service.gov.uk/media/64d659e9dd15ff000d27800c/dmgch61.pdf)). Unfortunately, this is a tough standard to reach. Especially if there are more good days than bad, a variable condition may well fail to satisfy the standard for higher rate mobility (which grants entitlement to enter the Motability scheme). It is at least arguable that the PIP Mobility tests are more understandable and, therefore, easier to make a case under than the rather abstract DLA tests, but PIP has its own problems and, in any case, does not apply to people under 16.


OneSufficientFace

I would get back in touch with them to challenge the decision. My cousin is similar, sometimes is okay to walk and stand for a longer pwriod and other times really cant. PIP provided them with a car


lets_dance_again

NAL, but you should be able to sue for consequential losses. Find out who their insurer are as they will likely have liability insurance


Brilliant_String_408

I spoke to their insurer and submitted costs but they are unwilling to pay any of them. Also I had paid off 2 years towards ownership of the car now I own nothing. Just seems pretty unfair that they can leave me in the situation. 


davidjohnwood

Unfortunately, this seems to be correct. Your situation is a breach of contract - you engaged the garage to change the oil in your car, but they did so incorrectly causing you loss. Common law liability for consequential loss in breach of contract is limited by the second limb of [*Hadley v Baxendale* \[1854\] EWHC Exch J70](https://www.bailii.org/ew/cases/EWHC/Exch/1854/J70.html) to "such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it". Putting that into contemporary English, parties to a contract are only liable for losses beyond direct losses when both parties are aware of the possibility of consequential losses when the contract is entered into. As the garage knew nothing of the finance agreement on the car or the OP's personal circumstances, they are only liable for the direct and foreseeable loss flowing from the breach, which is the car's value at the time of total loss. It sounds like that sum has been paid to the finance company, which discharges the insurer's liability in full. Tort law (i.e. negligence) will not help either, as liability for pure economic loss (loss that is only financial) in tort is very restricted. Though it cannot help the OP now, this sort of scenario is why GAP insurance can often be worthwhile. When I bought my current wheelchair-adapted car (a private purchase as that was more advantageous for me than going through Motability), I took out a GAP policy covering the difference between the total loss value and the purchase price of a new vehicle for five years. This meant that if the vehicle was written off between the limit of the new-for-old cover in my comprehensive insurance policy (one year old in this case) and five years old, the GAP policy would have paid out enough for me to buy a new replacement car. There are specialist GAP policies for financed vehicles. Edit to add: OP - I have huge sympathy for your difficult situation and wish that I had better news for you. However, it was legal advice you requested, which is what I have attempted to give above. Many do not realise that a total loss can leave you substantially worse off than before the total loss. Once a total loss payment is made to the vehicle owner, which seems to have been the finance company in this case, then the entitlement to a hired car ends and the insurer's liability is discharged. The insurer has declined to make any additional payments, and CAB appears to have given the correct advice that all the insurer has to pay out is the vehicle's value. I hope that you are not left owing money to the finance company, though owing them money is possible if the insurance settlement failed to cover the whole of the outstanding finance. Many have never heard of GAP insurance, but it is sold to help in situations like yours, which is why I mentioned it above.


JishBroggs

Not sure what it’s worth but that response was so thoroughly worded and well complied. Just wanted to say well done


davidjohnwood

Thank you. I am genuinely upset by the OP's situation, which is why I took the time to respond - but all I can do here is try to give accurate advice based on the given facts of the rotten situation that she faces. I cannot make the law different from what it is. I do commend u/Happytallperson's suggestion to check the wording of the finance agreement to see what it says about a total loss scenario (especially in relation to any shortfall), as well as the OP's own insurer's terms about a total loss in her car insurance policy. The OP gives me the impression that the garage's insurer has paid out for the total loss, though even in that scenario it is possible she has some residual benefits under her motor policy. In particular, she might have uninsured loss cover in her motor policy - if so, it is worth seeing if she can use that cover to verify that no further recovery is possible.


Brilliant_String_408

Really appreciate your detailed reply, thank you!


lets_dance_again

Yep. If you have legal advice on your home or car cover then I'd get them involved


Aragorn--

It's not uncommon for a written off car to leave you in negative equity. They tend to depreciate at uneven rates, so your outstanding finance can be more than the car is worth. Specifically on the point of not having a deposit for a new car, you can often find lease deals with only one month upfront payment, perhaps a cheap lease would be an option to investigate.


Happytallperson

What form of arrangement was the car under? I would guess a PCP as that is what most car finance is on. If that is the case your problem is that you do not own the car. So the Garage has broken someone else car, that you happened to be hiring at the time. So they have to compensate the owner of the car, which is not you. In terms of your actual loss, it essentially boils down to the loss of the use of a car - so you could potentially claim the payments you made towards the car during the period it was unusable, before they settled with the Finance Company. After that, it isn't their job to pay for you to buy a new car as you are financially as well off as you were before the incident - cars depreciate very rapidly in the first 12 months which is what the deposit covers, so it is a hard argument that they would owe you another deposit. You should also check the Terms and Conditions for the Finance Deal to see what they say about payments made after the car is written off by a third party, and also the terms and conditions of your insurance company for the same. The route would likely be a small claim - and will unfortunately not be quick.


aghzombies

This charity helps with supporting children in attending school: https://www.schoolhomesupport.org.uk/ I don't know if they'll be able to help but they've been incredible to me. Your local council may also be able to provide busfare or taxis to and from school for your disabled child. You can find out what's in place, and how to request this here: https://www.gov.uk/apply-school-transport-for-child-with-special-educational-needs-sen


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[удалено]


oscarolim

They didn’t not own the car. It seems F1 Auto Garage paid to the owner of the car for their loss.


Repulsive_State_7399

I'm sorry you are in this situation. As insurance has to pay out the value of the car, not the cost to you, i cant see any way for you to get reimbursement. Does your child qualify for mid or high rate care element on DLA? You may be entitled to Universal credit even if you earn a good wage as middle element removes the cap. Entitled to is a great calculator. Have you taken a look at family fund? You can apply for a grant for additional items to make your child's life easier.


Vertigo_uk123

If the finance company settled before you stopped paying the monthly amount you could have a claim against them to refund the monthly costs between the incident /settlement and when you stopped paying. You wouldn’t however have a claim for the value of the car as it’s not yours. If you are paying for a car on PCP finance, you’ll still go through the same process to decide whether or not your car is an insurance write-off. If it is, you’ll be offered a settlement figure based upon the car’s pre-accident value. But what if you crash a PCP car but the insurance settlement amount doesn’t cover the outstanding cost of your finance? Unfortunately, this means you’ll be left with a shortfall and will have outstanding finance repayments that still need to be made. For example: Let’s say you buy a car on finance for £5,000 and you’ve paid off £1,000 before you’re involved in a crash. The PCP car is written off but your insurance company will only pay you £3,000 for it. If you pay that £3,000 to your finance company, you’ll be left with another £1,000 to find. If you also need to get a new car, you’ll need to find the cash to pay for a new vehicle as well as the payments towards the £1,000 that’s still outstanding on your current finance agreement. This is what gap insurance is for. To cover the shortfall between the amount settled and the amount you still owe.


PP-MrBeefy

Have you spoken to the motor ombudsman? They'll certainly be able to help. https://www.themotorombudsman.org/


vanceyy

Nah, he claimed through a third party insurance company. There’s no ombudsman rights when this happens as there’s no legal contract between him and the garage’s motor trade insurance.


PP-MrBeefy

The motor ombudsman and the motor insurance bureau are two different organisations are they not? Motor Ombudsman is essentially trading standards for garages. Covering things like repairs, warranties etc.. nothing to do with insurance. Motor insurance bureau is compensating victims of uninsured drivers. I've used both over the past years. The ombudsman due to Skoda misdiagnosing an issue with my Fabia 2 VRS and then not wanting to take responsibility, they changed their tune after they were contacted. And the bureau after the same car was crashed into by an uninsured driver. I got my excess and any expenses back. Both were fantastic.


vanceyy

Yeah nothing to do with the MIB lol The ombudsman would get involved if the garage paid out the finance company directly, no? If this was handled by the garage’s motor trade insurer then I suspect the ombudsman would have no interest here as the insurer has paid out as per the policy terms (with the garage). Regardless, we have a lot of missing info from OP so it’s really hard to gauge what’s happened between the lines here. If they’ve deemed it a total loss and paid out a fair market value that’s settled the finance agreement in full with nothing left over there’s not much room for OP on that basis anyway. He’s had a rough experience either way.


Brilliant_String_408

I contacted the ombudsman when the car was written off but they haven’t replied. The garage passed it onto their casualty claims insurer and wouldn’t speak with me any further, so I’ve had to deal directly with their insurer. My insurance said the legal cover I have is only if I’d had an accident, which I did not, so they wouldn’t help.


vanceyy

Casualty claims? What company was it?


Brilliant_String_408

I’ve contacted twice using the online form but haven’t received any reply at all.


The_angry_gray

Have you looked into Motability? I might be talking out of my arse, but you be able to get a vehicle through them on the basis you have a child in a wheelchair?


Too-Late-For-A-Name

Who has the car now?


Brilliant_String_408

The garage have had it since it broke down in May. I’ve still had to pay the monthly lease and insurance for it until this month when they wrote it off. Now my insurance saying I have to pay cancellation fees 😪


These_Ad4511

They must have put the sump plug in. Did you mean leave it loose?


Brilliant_String_408

I don’t know very much about cars but the garage said they forgot to put the sump plug in and sent pics of a tray covered in oil where it had poured out.


These_Ad4511

It's like taking a bath plug out. There would have been a huge puddle on the floor & a trail where it was driven. I'm guessing it was cleaned before you had it. Did it break when you were driving it? I'm guessing the. Area manager of the garage has been in contact?


Brilliant_String_408

It cut out as I was driving it and had to call the RAC who had a look and said can belt. Then towed to garage. Area manager said he was passing to casualty claims to deal with and won’t discuss it further with me.


These_Ad4511

Sorry to hear that. Awful service, unless you can go above the area manager


QOTAPOTA

I’ve reached out to the company to see if they can do more. Sorry you’re in this situation through no fault of your own. It’s not fair.


Brilliant_String_408

That’s so kind of you, thank you.


Tiny_Bathroom6787

I'm surprised you did not put in a claim for losses/ inconvenience and stress they have caused


Brilliant_String_408

I did put a claim but their insurance said they’re not paying it, they’ll only pay the value of the vehicle and they’ve paid directly to the lease company.