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Jessica
Consultant
Chris The Lawyer, Expert
Hi
I am a New Zealand lawyer based in Wellington and will help you with your question today. Please give me a minute to read the question
Chris The Lawyer, Expert
The insurance company have the right to make the call on whether the car is written off or repaired. Under your insurance policy, it is up to them to decide which is best. If they decide to repair, then you don't actually have any choice. I am surprised that with the cost of repairs at this level that they are not writing off the car, because even though it may be insured for $42,000, it may not be worth that much. In my experience they tend to look at the current value, and offered to pay that rather than a substantial amount for repairs. But nonetheless, it is the insurance company which can make the decision. If you provide evidence that the car will not be as safe in the future, that is another issue that you would need to get expert evidence on that point.
Chris The Lawyer, Expert
The insurance company has that right unless you can talk them out of this
Chris The Lawyer, Expert
Thank you for the reply and for using this site. You may ask further questions or rate this answer when you are ready.
Chris The Lawyer, Expert
Thanks