Re: Alfa 156 rear ended
Uh... you guys all seem to be missing an important point - that the accident was the Mazda driver's fault (or at least, that's what I interpreted it as).
That means the insurance company that will be paying will be the Mazda drivers'... and so write-offs don't come into it. Ben has every right under UK law to demand that the car (his car) be returned to it's pre accident condition, regardless of cost - the damage is the Mazda driver's legal responsibility and hence his insurer has to pay. If it's an expensive repair, they may start claiming "write-off" and offering money - and in some cases, especially considering the loss in value caused by the accident (even when repaired), it may be a good idea to accept this and take the money (never accept the first offer from the insurance company, though).
Still, if Ben wants his car repairing, he just needs to tell the insurance company that. If they refuse, he then sues the Mazda driver (NOT the insurance company) for the full cost of repairs - at which point the Mazda driver hands over the situation to the insurer and they wind up in court.
Or am I talking crap?