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Write off rights

Surprisingly, it looks as if my son's September 2003 BMW 320td ES Compact Auto could be written off following a slow speed shunt with a 4x4 equipped with heavy duty bull-bars. The BMW's done 48,000 miles, full BMW service history, one owner, four new Continental tyres and new MOT on the day of the prang, and generally in tip-top condition. What steps, if any, can we take to ensure that the insurer's settlement figure is fair, and reflects the car's true value? And how do we make sure that the car is actually scrapped, and not revived for later re-sale?

Asked on 19 December 2009 by

Answered by Honest John
If your car is a cat D or Cat C insurance damage write-off and you take the money then you cannot stop it being sold by the insurer for salvage and subsequently repaired. You can, of course, refuse to allow it to be written off and argue your own case for financial compensation for the damage, then arrange to have it repaired yourself, which you might be able to do for less money than the insurer was quoted. Your legal right is to sue the other driver to put you back in the position you were in before he did you the damage. But Clark v Ardington (Appeal Court 19-4-2002) determined that financial compensation to the market value of the car would put you in that position. You have no automatic right to insist the car is repaired. Its dealer retail value is £6,700, trade value £4,875.

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