AboutBruce Fyfe Expertise Scottish Criminal Law - any area. NOT IMMIGRATION ISSUES. I am a serving, operational Police Officer with 25 years` service. As well as my own knowledge and training, I can draw on many other resources in the Scottish criminal justice system and welcome the challenge.
NB Scottish, not English; criminal, not civil or immigration;
Expert: Bruce Fyfe Date: 10/17/2007 Subject: 3rd party claim
Question My vehicle was damaged by another vehicle and Liabilty has been accepted by the other driver and their insurance company. What are my legal rights in this situation as the insurance company wants to write my car off but I would like it repaired. Do I have the legal right to insist on the repair being carried out at no cost to me or am I stuck with what they offer which is far less than I will have to pay to obtain a vehicle that suits me. Where do I find the appropriate law governing 3rd party claim disputes of this kind.
Answer Brian
I think it is up to the insurance company, but you should check the small print in your insurance policy or speak to your insurance company about it and you could try to negotiate with the other insurance company, preferably armed with a valuation from Glass's Guide or similar.
At the end of the day, this situation would come under civil law, so you should seek advice from a solicitor if it gets to stage.
