I want my car repaired after a no-fault accident

Royal Mail have admitted liability for driving their lorry into me while I was parked on Wednesday just gone. I called them yesterday morning and told them that my insurers had arranged repair and that a claims management firm had arranged a courtesy car.

I asked if they'd like to provide all of this instead and possibly save themselves some money. They've agreed, my car has been collected this morning and courtesy car delivered at the same time. They also agreed to cover the cost of the CDW. My insurers have cancelled everything and said it would be as if this hadn't happened as far as my policy premiums and no claims bonus are concerned.

Now my worry is that they'll (AI Claims/Reserva) write off the car, I've been hearing increasingly that with it being a 52 plate and high (107000) mileage, they're more inclined to say it's not economical to repair it.

Apparently 3rd party insurers for a no fault accident can't leave you in a worse off position than you were, prior to the accident. I had a new head gasket and cam belt fitted 2 weeks ago so I really want to keep it for many years, plus I love it.

I've been looking in the FAQs and have seen plenty about accepting the right (as far as i'm concerned) amount of cash if they write it off, but I don't want it written off. I'm not interested in buying it less salvage and having a cat damaged car, I want it as it was on Wednesday morning.

Please can someone tell me definitively if I can insist they repair it? If the quote is high for repairs, can I ask them to get a 2nd quote? I'm determined to keep this car and want to know my rights.

Asked on 2 February 2013 by AniMac

Answered by Honest John
No you cannot insist on a repair. All you are entitled to is to be "put into the position you were in prior to the damage". Case law has held that giving you "market value" for your car meets this criterion.
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