Can I ask to be paid the value of repairs under insurance and then not have those repairs done?

Question Details: I was in a car accident, the other driver was at fault and their insurer has accepted the repair quote. My car is very old, and it will cost roughly $2000 to repair despite only being worth $3000. The repairs will also make the car difficult to on-sell. Can I just ask to be paid the value of the repairs and not have them done?

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Answers by Lawyers

Community Law Wellington & Hutt Valley

Yes, you can ask the insurer of the other driver to pay you cash.

If the other driver was at fault, they are liable to pay you the amount necessary to compensate you for your loss. The other driver (or their insurer in this case) cannot force you to carry out the repairs.

In your case, things are simpler because their insurer has accepted the quote for the repairs as representing the value of your loss.

The best way to go about it is to talk to the insurer's representative and tell them you want to settle the claim and receive the cost of repair in cash.

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