Right of a 3rd Party Claimant

[wesn]

I was recently in an accident where the other driver was fully at fault. I only have 3rd party insurance on this vehicle. So my insurance is not involved. His insurance is wanting to write off my vehicle and pay me out about 2/3 of its value.

I would prefer not to write off the vehicle as it is only exterior damage but they are not budging as to the writing off.

What are my rights in this situation? Can I force them not to write off vehicle? Do I need to get a lawyer?

 

[ProfA]

Unfortunately you will need a lawyer involved.

 

[Alton Turner Blackwood]

Can't you buy it back from whoever buys it for salvaging? SMD is probably waiting to buy it.

 

[Kosmik]

Yep but also be reasonable. Ensure you know exactly what the book value is of your car. Maybe even approach your insurance and ask them what the writeoff value would be. You have every right to hold the other insurance company liable for either repairs or vehicle value, whichever is reached first. They can argue about which to do but should have no right to force you to accept a lower amount than what your vehicles book value is.