My car has been written off despite the cost of repairs being less than the market value?

My MG TF was involved in an accident that was not my fault. The insurance claims management company have decided that the value is £2600 and repairs would cost £2551 after the assessment of the damage. They have said car is a total loss, as the repairs are less than the value even though it's a small amount. Can I insist the car is repaired and not written off?

Asked on 21 February 2019 by Robbie Burns

Answered by Tim Kelly
Yes you can. You can insist on the vehicle being repaired up to the market value. The car is not a total loss unless the repair cost exceed the market value. Their is no duty to mitigate losses on behalf of the other party. See www.honestjohn.co.uk/insurance/coles-v-hetherton-w.../
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