Must I accept a low offer of compensation for repairs to my BMW 3 Series from a third party's insurance company?

My (almost) immaculate and reliable 2001 BMW 320i SE has been badly damaged by a driver who claimed he couldn't see me as he reversed. He has accepted full responsibility for the accident. My dealer says it will cost £2500 to repair the car, which requires two new doors and a repair to the rear nearside wheel arch. His insurance company want to write the car off and have offered me £1540, plus I get to keep the car. I have told them I will not accept this as I will lose out financially through no fault of my own. Can I insist on being returned to the position I was in before the accident - the owner of a sparkling 60,000 mile BMW 3 Series?

Asked on 16 November 2013 by DC, Leeds

Answered by Honest John

Unfortunately, the County Courts have ruled that a financial settlement of the car's ‘market value’ puts you back in the situation you were in before the damage was done. So you have no alternative other than to accept the insurer's offer and try to find a cheaper repairer.

Tags: legal advice insurance write offs claims

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