Seriously damaged - can I reject repair and demand replacement?

Yesterday whilst stationary, waiting to join ferry at Dover my 3 month old Ford C-MAX was hit by a Polish lorry which seriously damaged and ripped the whole near side, including the wheels. As the damage involves more than bolt on panels, do I have the right to ask for the car to be replaced, rather than repaired? Before the accident I had a perfect car; now I shall have to declare it an accident repair.

Asked on 11 July 2011 by Ticklepin

Answered by Honest John
You can attempt to make various demands on the other party's insurer via your own. Can't tell you how far you will get. You have to argue the diminished value of your vehicle plus the cost of the repair to get above that 50%. If they insist on repairing it, you are entitled to demand 10% diminution as a cash payment.
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