What's the insurance law?

My son's car was parked in an official parking bay and was run into by a drink driver. His insurance company have accepted responsibility but "beyond economical repair" has been mentioned. It is my understanding that it is up to the insurance company to pay for the repair even it it exceeds the value of his car - to put him in the same position as he was in before this incident. Otherwise he will be worse off through no fault of his own - and makes a mockery of having compulsory third party insurance. Can you confirm the position and what his options are please?

Asked on 18 July 2012 by Eric Law

Answered by Honest John
No. Unfortunately case law has held that paying the market value of the car puts him in the same position as he was in before this incident.
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