Bike Upgrade After Crash

Having spent my £3000 on a brand new ER-5 (I know most people dont like them but it suits me) some kind man pulled off a red route and across the traffic in front of me and I hit him in the side at about 10 mph.

This wrote off my bike whilst he carries on driving his mini cab around.

The insurance company will only pay the market value of the bike, but, as the new emission law does not allow ER-5’s to be sold new after January 1st 2008 I cannot replace it!

My only other option is to upgrade to an ER-6 which is some £1295 more expensive!

The insurance company and solicitors are blaming each other but does anybody know if I can claim for this upgrade and if so who should be pushing it? Apparantly this is the first case of this type since the law came out. Cheers.