My son's car has been deemed a total loss - can we insist on it being repaired?

My son's car has been deemed a total loss following a non-fault accident and I'm looking for some independent advice. The car is currently at a local garage but the insurance company is arranging for their salvage agents to collect and store the car until a settlement is made. Should I argue against this? Should I ask to have the car stored at home until a settlement is agreed? Will the settlement take into consideration optional extras such as sat nav, leather seats, xenons, heated seats and parking sensors?

Asked on 7 January 2019 by emmy

Answered by Tim Kelly
Is the car actually a total loss? In other words, do the repair costs exceed the market value? If they do not, your son can insist on it being repaired (ignore anything your insurer says contrary to this, the contract of indemnity is one by which the promise to indemnify your son up to the market value). Definitely request a copy of the assessor's report and do not let the insurer control your asset. If you have the facility to store the vehicle at home, I would do so. Once that vehicle goes to salvage, it is very very common for them to get further damage and very hard to get them back.
The value should take into consideration the optional extras if the vehicle is a total loss, but you may find that Glass Evaluator and CAP motor research do not take them into consideration. Insist they are added to the value. A good engineer should do this by applying the same rate of depreciation the car has sustained and applying it to the value of the options new. Make sure the insurer's engineer does this, as they never, or very very rarely do.
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