mt2man
Posted a lot
Posts: 1,366
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Hey all, GF wrote off her micra and I wanted it for its engine, loom etc (for my mini) but the insurance company is saying they are taking it away and I they don't do buy back scheme, is this legal?!
Why cant they inspect it on my drive and let me keep it for bits, its only going to get scrapped anyway surely?! Until she hands them the log book surely she is the registered keeper (and is the owner) so they cant just take the car off her like that?
Thanks Jack
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marinacoupe
Part of things
Marina Coupe, Triumph Stag
Posts: 178 
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It will depend on what your GFs policy says. In law once the insurer and owner have settled the claim, the remains of the car belong to the insurer to dispose of as they wish.
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marinacoupe
Part of things
Marina Coupe, Triumph Stag
Posts: 178
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The registered keeper on the V5 does not confirm ownership. I suspect that they have a national deal with a consortium of breakers, with a pre agreed scrap value, so they have a standard process.
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Hi, being the "registered keeper" and the "owner" are two different things.
Colin
edit. Beat me to it.
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Last Edit: Jan 2, 2015 18:45:58 GMT by colnerov
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lewis
Part of things
Posts: 82
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I had a motorbike stolen and the insurance paid out. It was recovered by the police and the insurance company would not let me buy it back, they said they do not do that. They did tell me what auction it was going to and that I could go and bid on it if I wanted ha.
On the other hand my wife's micra was rear ended and they made an offer and said we can just keep the car. We thrashed it up and down our track until it run out of petrol then scrapped it.
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I wrote off my Chrysler Sunbeam GLS back in winter 1988/89 (slid on black ice into a bus and bent it like a banana !). I wanted to keep the salvage as another project lined up for the engine. Insurer refused to let me buy back / keep the car. They said I would have had to stipulate in the original policy if I wanted the option to buy back in the event of the vehicle being written off.
So unfortunately it's nothing new.
On the other hand after I was hit by a car on my Kawasaki Z250C I was allowed to keep the salvage (very little untouched though as well mangled - mainly just engine parts) and £25 was deducted from the eventual payout.
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mt2man
Posted a lot
Posts: 1,366
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Hmm I suppose when they settle the claim and pay out they are essentially buying the car off you so they will be the owners, hopefully they can deduct the scrap value off the settlement and let me keep it though!
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just don't let them take it anywhere, make them come to you.
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Who's fault was it?
If your fault and they pay out in full you don't necessarily have any right on the salvage, check the terms in your policy.
If you we're not at fault, then the third parties insurance company cannot claim the salvage, they should give you the option to settle at pre-accident vehicle value less salvage amount, if they pay out the whole amount as a cat A or B write off then you may find things get more difficult.
I had someone rear end my daily and went through loads of hassle, don't let them take the car, either to assess it or otherwise, if drivable then keep the keys in your hand when it goes for quotes, or email the insurance pictures. My claim took 4 months to sort and eventually I got 75% of the cars value and kept the salvage, still driving it now after straightening some bent parts and a few essential bits.
Brian
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mt2man
Posted a lot
Posts: 1,366
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Yeah trying to get her to arrange them to assess it on the drive,
She was at fault, she drove into the back of someone so its not looking promising!
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if you still have possession of it and it is off road and on private property (drive), they would have to get a court order to remove it via bailiffs surely? Just thought i would throw that in as a thought.
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'88 Cadillac Brougham hearse (white)
'91 Carlton GSi 24v
'72 Dodge dual cab pick up
'99 Mercedes S55 AMG
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perhaps you could have a day on it over a weekend and remove the bits you want, then report that it has been "vandalised and various parts stolen" on the monday morning...
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if you still have possession of it and it is off road and on private property (drive), they would have to get a court order to remove it via bailiffs surely? Just thought i would throw that in as a thought. But then they might refuse / delay payout for the write off value ? |
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MrSpeedy
East Midlands
www.vintagediesels.co.uk
Posts: 4,791
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Until you agree a settlement and receive the money, the car is yours! (GF's)
This happens a lot these days, that the insurance companies 'bully' people into thinking they have to surrender their car.
Also, there is no lawful reason (other than fire damage/hazadous waste etc) that the car has to be taken away to be inspected. They're just lazy and again, using it as a control mechanism. Once they have your car in their storage yard it's VERY difficult to get it back. Paid out or not
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if you still have possession of it and it is off road and on private property (drive), they would have to get a court order to remove it via bailiffs surely? Just thought i would throw that in as a thought. But then they might refuse / delay payout for the write off value ? The insurance company (or their agents) are banking on exactly this fear to force you to stick to their procedures. The procedure will be designed to accommodate 80-90% of claims with very little human input, leaving as few as possible to be dealt with in a more human input intensive way. If the money isn't a huge issue and you can afford a delay, just be polite, decline to let them take it away and sit it out. Some manager somewhere in the insurance business will have to explain to their manager why claim such and such is still sitting un-assessed and they'll be prepared to deal with your case outside the normal procedure to get it back on track. |
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if you still have possession of it and it is off road and on private property (drive), they would have to get a court order to remove it via bailiffs surely? Just thought i would throw that in as a thought. court order, bailiffs, what are you smoking??? yes you could refuse to let them take the car but then they would just refuse to pay the claim. |
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perhaps you could have a day on it over a weekend and remove the bits you want, then report that it has been "vandalised and various parts stolen" on the monday morning... and don't forget to post about it on a publicly accessibly forum, wouldn't the police find it strange that an engine was removed and no one noticed? |
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mt2man
Posted a lot
Posts: 1,366
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Well they came to assess it on the drive and it's still here, but they have told the insurance it's only worth £700 when it's stated on her insurance £1250 which is what was suggested when reg was entered (her step dad paid £1300 for it some strange reason), so she is making a case and finding vehicles on eBay at around £1200 to try and get some more money for it. Still unsure if we can keep it but we still have possession.
I've got another micra for her to use, can this be swapped on her current policy while a claim is still in place? It's driving me mad having to take her everywhere haha
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they have told the insurance it's only worth £700 Doesn't really matter, you should never (ever, ever) accept the first offer anyway. If you're able to find other examples for the right money it'll be fine. The fact that it was assessed at your place sounds like you're halfway to getting the result you want. Good work. |
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If a claim is for the full amount, I understand they insurance company can excercise the right to cancel the policy, I feel this is unfair as you've paid for a years cover......
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