Non fault car accident

[Phillipa12]

I was invovled in an rta earlier in the week. All in hand with insurers and other insurer has admitted liability. My question is, do the other insurer legally have to equal my car that will most likely be written off? Will i have to accept an older car or one without a service history or more mileage? I know that finding an identical car to mine will not happen, ive looked, but i dont want to downgrade my car due to something that was not my fault.
Apart from a minor whiplash injury both myself and my son are fine, car did its job, but i love that car and wasnt planning on selling it anytime soon. Both insurance companies fab so far, im just not sleeping well as anxious to if i will get a car similar to what i have.

They won't give you a replacement car, they'll give you the money to guy out and buy something roughly to the value of yours.

They’ll give you the book price for your car. You may have to negotiate with them.

They will make you a cash offer if you need to negotiate you will need to provide evidence of the greater value of your car. For example sales listings of other cars of same age and type that have sold.

As others have said you get money based on what they think your car us worth. Years ago my sil had her car written off - minor damage to the car but it was deemed her car was only worth £200 so not worth fixing but they couldn't find a decent enough car for that money. My in laws ended up giving them £5,000 to buy a car.

It often works out badly if a car is written off.

Your insurers settle with you and get the money back off the other insurers. Who are you insured with?

I had a no fault (car parked outside with me in bed).

The best I could get out of the other person's insurance was at £1700, the cheapest I could find a replacement was £2650 and it had no service history and 30% more mileage.

@FixTheBone . Given that, you could prove that you couldn't source an equivalent car for what they paid you and you could have negotiated. If they didn't agree, then you could have issued a summons against the other driver for the difference. The insurers would have stepping in to either defend or settle the claim.

Judges tend to be reasonable if you can show evidence and that you are not trying to better yourself

I have agreed a settlement. They actually offered me top end price for my car, which is enough to get an replacement equal to what was written off. Thank you for the advice, i was worried but both insurers have been fabulous.