Hi,
I was involved in a motor vehicle accident which I was not at fault, I am insured and the at fault driver is also.My car has been declared a write off.My insurer has agreed to pay the agreed value but will not cover the brand new mag wheels and tyres that I just had fitted. Can I claim these from the at fault drivers insurer, I have receipts and don't feel I should be left out of pocket.

You should be filing a claim claim against his insurer for the full value of your car, including improvements. Your insurer will probably not pay your deductible. If you insurer does pay out they will go after the other carrier.

Thanks, unfortuneately my insurer won't pay for them but as I am not at fault shouldn't I be able to claim from other insurer

I just told you, that you should be filing a claim for the full amount of your loss with the other insurer.

Thanks

Does not matter that your insurance is going to pay you, great, but you sue the other party for every just like scott said, then if they pay and you win, your insurance company gets paid back. Also you don't have to accept this from your insurance either, that is just their offer also, you can argue this with an adjuster ask for a independent adjuster and so on, also the actual replacement cost is a figure to be argued if not enough.