Car accident

[johnwillits]

I have just had a car accident - the other party has admitted responsibility.

Their insurer want to repair the substantial damage, I am unhappy with this as the car will not be the same as it was before the accident - ie sprayed pannels, repair to subframe, suspension etc. The car is only 12 months old and I want it writtern off as I dont see whay I should have to own a car that has been in a serious accident through no fault of my own, can I reject the car and ask for monetary compensation instead please?

[bednobs]

you could try, but i don't see why you would want to. Any sum that you get as a write off settlement, will be far lower than the car is worth to you ... unless you have gap insurance and you're trying to pull a fast one?
Personally i don't see what the difference will be if the car i repaires, as to whether the panels are sprayed or they are the originals

[Barmaid]

I think you could have some difficulties. If you suffer loss as a result of someone else's negligence, you have a duty to mitigate that loss - ie not take the most expensive option in making good your loss. Clearly rejecting the car and purchasing a similar one of a similar age and mileage will be more expensive in the long term (I suspect) than repairs. If the insurance assessor say that the car can be repaired, you will have difficulty persuading the ins co (and subsequently the court) that rejecting the car and claiming for the cost of a replacement was the least expensive option. Unfortunately, the law will only look at the effect on the car and not on how you feel about it. You could however obtain evidence of the comparison of values between a car of that age and value against a repaired car of that age and value and potentially claim for the difference, if any.