I just don't get it.. legally speaking, and it is a dilemma that affects all of us:
E.g. In these cases where someone hits you, has insurance, but some 'experts' agree that the value of the repair is higher than the car is reasonably worth.... what gives them the right to force you to write it off - for any amount?
Say your car is worth $5k, the damage $10k, why would anyone other than you have an option not to fix it? Sure they can offer you $5k, but how is it that everyone seems to reach such an agreement -and write off a car for anything less than what you think it is worth?
1. Can you not just refuse such offers (on the grounds of preferring one's car to any replacement for personal reasons) and force them to fix it?
2. Has anyone on this board achieved a repair paid by an at fault person that was more than the value of their car?
If it were me with any of my e28/e34s, nowadays I would just say, no thanks, make it good: If you like your car and want to keep it, that should be more than enough for them to act in the interests of their client (and you).
I was thinking about this the other day: One option would be to send a letter of demand to the at fault party, refuse offers from the insurance company and accept no less than the full amount of the repair.
PS. If you can't afford to fix it whilst they procrastinate, buy a 2nd car if you need a replacement (that you can sell once the good car is fixed) and put the good car in storage, with the invoices going to the at fault party, until they agree to pay to fix it.