Expert: Charlie Barone - 8/28/2009

Question
My car was hit from behind and the body work was badly dented. The valuator informed me that the cost of repairing the car was approx. twice its market value; therefore he could arrange for me to be sent a cheque for the market value which will enable me to buy an identical car. My car was in excellent condition and I fear I may not get a car which is just as good. Can I insist that my car be repaired instead of accepting the valuator's offer?? The valuator insists that "this is a non-starter"! Thanks for your help in advance.

Answer
In the US an insurer has the right to pay the lesser of the cost to repair or replace a car with one of like kind and quality. I assume the same rules apply in the UK. If they want to declare your car a total loss, be sure to examine their offer closely and see exactly what their offer is based on. That is, they have to provide you with a car that is at least as good as yours, or better. Do some shopping in your area and see what a car like yours sells for and do not accept anything less.