Car written off by the ins Co and they want it back
Discussion
What are the rules on this? A friends car has been written off by the ins Co and they want it back.
Do they have any rights to it?
Salvage company have stated that it's not their normal practice to allow this.
The car's pretty worthless but it's functional and it will cost a lot more to replace with a similar car.
I'm assuming at the moment it's a Cat C or D as the person ran into the back of some else.
Do they have any rights to it?
Salvage company have stated that it's not their normal practice to allow this.
The car's pretty worthless but it's functional and it will cost a lot more to replace with a similar car.
I'm assuming at the moment it's a Cat C or D as the person ran into the back of some else.
ridds said:
What are the rules on this? A friends car has been written off by the ins Co and they want it back.
Do they have any rights to it?
Has your friend accepted a payout from the insurer for the total loss market value? If not I don't see how title can pass as no settlement has been agreed. Do they have any rights to it?
ridds said:
Salvage company have stated that it's not their normal practice to allow this.
Many insurers have contracts with salvage companies. The latter have an interest in not wanting your friend to negotiate with the insurer on salvage, especially if it's a cat D which will cost someone in the trade peanuts to repair and then make a tidy profit from. It's not clear to me how the salvage company can dictate terms to your friend unless title has passed to the insurer and the latter has sold the car to them.ridds said:
The car's pretty worthless but it's functional and it will cost a lot more to replace with a similar car.
I'm assuming at the moment it's a Cat C or D as the person ran into the back of some else.
See belowI'm assuming at the moment it's a Cat C or D as the person ran into the back of some else.
aw51 121565 said:
Friend would ideally have already indicated that they wish to buy the salvage back... (S)he could mention this now and ask for an adjustment in the payour, being optimistic 
.
There is nothing to stop anyone negotiating with their insurer. Whether the latter will play ball is another matter, .It is important to understand the difference between cat C and Cat D. With the latter there is often another way.
http://www.motorclaimguru.co.uk/advice-on-retentio...
Of course I could be talking
- we need LoonR1 for chapter and verse.22Rgt said:
Its fked, why would he want it back with all the associated hassle with repair/VIC check re mot ect plus having it recorded on the V5? Just tell him to go out and buy another one, theres nothing his old car can do which a new one cant, 000's out there, no need to repair a bent one..
A cat D does not require a VIC check. No VIC = no record on the V5C.ked, why would he want it back with all the associated hassle with repair/VIC check re mot ect plus having it recorded on the V5? Just tell him to go out and buy another one, theres nothing his old car can do which a new one cant, 000's out there, no need to repair a bent one..You may well be right that the OP's friend may be wiser to get another vehicle but that's his call, nobody else's. One of my cars is nearly 20 years old but, should I be unfortunate enough to be involved in a cat D situation I would definitely not want to have it junked. I know several people who have retained salvage and kept their p&j away from the attentions of the crusher.
22Rgt said:
Its fked, why would he want it back with all the associated hassle with repair/VIC check re mot ect plus having it recorded on the V5? Just tell him to go out and buy another one, theres nothing his old car can do which a new one cant, 000's out there, no need to repair a bent one..
Why 'renovate' an old M3? There are plenty out there. ked, why would he want it back with all the associated hassle with repair/VIC check re mot ect plus having it recorded on the V5? Just tell him to go out and buy another one, theres nothing his old car can do which a new one cant, 000's out there, no need to repair a bent one..AdeTuono said:
Why 'renovate' an old M3? There are plenty out there.
The exact same thing used to be said about MK1 escorts, MK1 capri's, mini's, Vauxhall chevettes, opel mantas, Austin 7's etc., etc., etc.Once upon a time they were all just everyday runarounds that no one thought were worth keeping, especially as there were so many made, but today they are starting to be worth good money because they have become rare due to no one bothering to renovate them.
4rephill said:
AdeTuono said:
Why 'renovate' an old M3? There are plenty out there.
The exact same thing used to be said about MK1 escorts, MK1 capri's, mini's, Vauxhall chevettes, opel mantas, Austin 7's etc., etc., etc.Once upon a time they were all just everyday runarounds that no one thought were worth keeping, especially as there were so many made, but today they are starting to be worth good money because they have become rare due to no one bothering to renovate them.
The cars a pile'o'st Audi Estate.
It's probably got a damaged front bumper as the girl drove in the back of someone who changed their mind at a junction. Only gone through the insurance as the other person is claiming as far as I'm aware.
I suspect typical Ins Co actions and it's been costed up with new or breaker parts which that alone would write it off, that's before you think about painting any of it.
I'll tell them to speak to the Ins Co and either reject the offer and try and negotiate to get the car back or just suck it up and move on.
They may have dropped clanger and accepted the offer already. Which is probably their downfall.
As for replacing it. Why bother when there's a perfectly good car with known history. By another and you could end up with all sorts of bills.
t Audi Estate. It's probably got a damaged front bumper as the girl drove in the back of someone who changed their mind at a junction. Only gone through the insurance as the other person is claiming as far as I'm aware.
I suspect typical Ins Co actions and it's been costed up with new or breaker parts which that alone would write it off, that's before you think about painting any of it.
I'll tell them to speak to the Ins Co and either reject the offer and try and negotiate to get the car back or just suck it up and move on.
They may have dropped clanger and accepted the offer already. Which is probably their downfall.
As for replacing it. Why bother when there's a perfectly good car with known history. By another and you could end up with all sorts of bills.
Sometimes they let you keep the salvage and discount the claim, so times they even try and impose this option. Sometimes they will let you buy back the salvage, and in some cases they will even allow for the vehicle not to be dealt with as a total loss, they make an alternative offer of an amount of money towards repair close to the market value, avoiding it being recorded as written off at all
ridds said:
I suspect typical Ins Co actions and it's been costed up with new or breaker parts which that alone would write it off, that's before you think about painting any of it.
What would you expect the Ins Co to do ? Price it up at mate's rates with bodged workmanship ?If the cost of repair makes it uneconomical to fix they will write it off, blame manufacture's spare parts costs not the insurance company.
Some st Audi estates are being written of because the front seats get stolen!
http://www.telegraph.co.uk/motoring/news/10703514/...
t Audi estates are being written of because the front seats get stolen!http://www.telegraph.co.uk/motoring/news/10703514/...
Until the settlement has been agreed, you still own the car.
If you look through the ombudsmans example past cases, an insurer cannot refuse to allow you to keep the salvage, because in simple terms they dont own the car!! They do have a right to take off the settlement a "fair emount" for the value of the salvage.
Some companies try to refuse paying out when someone wants to retain salvage. Thats been covered in the examples by the ombudsman too and in all the example cases they rule in favour of the car owner.
Also the Insurance categories are merely an ABI code of practice and not the law.
If you look through the ombudsmans example past cases, an insurer cannot refuse to allow you to keep the salvage, because in simple terms they dont own the car!! They do have a right to take off the settlement a "fair emount" for the value of the salvage.
Some companies try to refuse paying out when someone wants to retain salvage. Thats been covered in the examples by the ombudsman too and in all the example cases they rule in favour of the car owner.
Also the Insurance categories are merely an ABI code of practice and not the law.
Red Devil said:
There is nothing to stop anyone negotiating with their insurer. Whether the latter will play ball is another matter,
It is important to understand the difference between cat C and Cat D. With the latter there is often another way.
http://www.motorclaimguru.co.uk/advice-on-retentio...
Of course I could be talking - we need LoonR1 for chapter and verse
That website is a bit worrying, as some of it is no more than Urban Myth. It is important to understand the difference between cat C and Cat D. With the latter there is often another way.
http://www.motorclaimguru.co.uk/advice-on-retentio...
Of course I could be talking
- we need LoonR1 for chapter and verse When your car is written off then it will be categorised. Cats A & B are not worth keeping. Cat As mean there's pretty well nothing left of the car anyway. Cat Bs should be broken for parts. Some do creep back onto the market as a whole car, they shouldn't get their V5 back but DVLA so times cock up amd let the odd one slip through. No insurer will knowingly cover a Cat B car.
Cats C & D are a bit less clear cut. Cat C need a VIc test amd it will be recorded on the V5 that it's a write off. Cat Ds might not have it on the V5 but it will still be logged as a write off on MIAFTR which is where HPI draw their data from.
The OP might have the right to retain salvage or not depending on his insurance contract. Some state that you can not retain it, although these are rare and the FOS will not override the contract. The time to say you want it though is during the negotiation and before you agree a value / cash the cheque. If you wait until after then the vehicle has gone, probably either sold, auctioned or cannibalised. All insurers who don't have a "no salvage retention" clause in their T&Cs will let you keep a Cat C or D. None will let you keep an A or a B.
LoonR1 said:
That website is a bit worrying, as some of it is no more than Urban Myth.
When your car is written off then it will be categorised. Cats A & B are not worth keeping. Cat As mean there's pretty well nothing left of the car anyway. Cat Bs should be broken for parts. Some do creep back onto the market as a whole car, they shouldn't get their V5 back but DVLA so times cock up amd let the odd one slip through. No insurer will knowingly cover a Cat B car.
Cats C & D are a bit less clear cut. Cat C need a VIc test amd it will be recorded on the V5 that it's a write off. Cat Ds might not have it on the V5 but it will still be logged as a write off on MIAFTR which is where HPI draw their data from.
The OP might have the right to retain salvage or not depending on his insurance contract. Some state that you can not retain it, although these are rare and the FOS will not override the contract. The time to say you want it though is during the negotiation and before you agree a value / cash the cheque. If you wait until after then the vehicle has gone, probably either sold, auctioned or cannibalised. All insurers who don't have a "no salvage retention" clause in their T&Cs will let you keep a Cat C or D. None will let you keep an A or a B.
Check out his description if what TPF&T provides cover wise...When your car is written off then it will be categorised. Cats A & B are not worth keeping. Cat As mean there's pretty well nothing left of the car anyway. Cat Bs should be broken for parts. Some do creep back onto the market as a whole car, they shouldn't get their V5 back but DVLA so times cock up amd let the odd one slip through. No insurer will knowingly cover a Cat B car.
Cats C & D are a bit less clear cut. Cat C need a VIc test amd it will be recorded on the V5 that it's a write off. Cat Ds might not have it on the V5 but it will still be logged as a write off on MIAFTR which is where HPI draw their data from.
The OP might have the right to retain salvage or not depending on his insurance contract. Some state that you can not retain it, although these are rare and the FOS will not override the contract. The time to say you want it though is during the negotiation and before you agree a value / cash the cheque. If you wait until after then the vehicle has gone, probably either sold, auctioned or cannibalised. All insurers who don't have a "no salvage retention" clause in their T&Cs will let you keep a Cat C or D. None will let you keep an A or a B.
I've pointed the glaring error out to him a couple of times when he has spammed forums looking for business but he has not amended his website.
Not the greatest advert for a self proclaimed claims specialist
Psycho Warren said:
Until the settlement has been agreed, you still own the car.
If you look through the ombudsmans example past cases, an insurer cannot refuse to allow you to keep the salvage, because in simple terms they dont own the car!! They do have a right to take off the settlement a "fair emount" for the value of the salvage.
Some companies try to refuse paying out when someone wants to retain salvage. Thats been covered in the examples by the ombudsman too and in all the example cases they rule in favour of the car owner.
Also the Insurance categories are merely an ABI code of practice and not the law.
Do you have any links to the Ombudsman ruling an Insurer cannot insist on retaining salvage?If you look through the ombudsmans example past cases, an insurer cannot refuse to allow you to keep the salvage, because in simple terms they dont own the car!! They do have a right to take off the settlement a "fair emount" for the value of the salvage.
Some companies try to refuse paying out when someone wants to retain salvage. Thats been covered in the examples by the ombudsman too and in all the example cases they rule in favour of the car owner.
Also the Insurance categories are merely an ABI code of practice and not the law.
I went through pretty much the same thing with my insurer when someone rear ended my car and I wanted to keep it for bits.
My insurer said I would need to talk to the salvage company about keeping it.
The salvage company said they don't do this, I should talk to my insurer. I explained that they referred me to them, and asked them to put a note on the paperwork stating I will be retaining the car. As far as I know, they did that. Didn't stop them scratching the fk out of it though. As I wasn't putting back on the road I didn't bother doing anything about that.
So I went back to my insurer, who then told me that I would need to sort this out with the loss adjuster / inspection engineer, who I hadn't talked to yet as on one had been assigned yet. Insurer said this is someone at the salvage company which seemed odd - it turned out to be a subsidiary company of my insurers underwriters. After a laughable initial offer that was less than half current market value, a few emails exchanged (that was difficult, they were very keen to push a phone conversation, I wanted email so I had a record) and we were close to current market value. The reason for the very low valuation was because the glass figure is low. My policy simply states 'market value' which as far as I am concerned means however much an equivalent car is advertised for at the time - glass guide figure is completely irrelevant, especially on a 15 year old car! Anyway, digressing.
We ended up coming to an arrangement where I got market value for the car less £50 to keep it and the salvage company would deliver it back to me. Interestingly they gave me 'cash in lieu of repairs' so there is no write off marker against the car.
TL;DR - talk to the inspection engineer / loss adjuster if your insurer is part of the group of insurers who's mascot is a big red phone.
My insurer said I would need to talk to the salvage company about keeping it.
The salvage company said they don't do this, I should talk to my insurer. I explained that they referred me to them, and asked them to put a note on the paperwork stating I will be retaining the car. As far as I know, they did that. Didn't stop them scratching the f
k out of it though. As I wasn't putting back on the road I didn't bother doing anything about that.So I went back to my insurer, who then told me that I would need to sort this out with the loss adjuster / inspection engineer, who I hadn't talked to yet as on one had been assigned yet. Insurer said this is someone at the salvage company which seemed odd - it turned out to be a subsidiary company of my insurers underwriters. After a laughable initial offer that was less than half current market value, a few emails exchanged (that was difficult, they were very keen to push a phone conversation, I wanted email so I had a record) and we were close to current market value. The reason for the very low valuation was because the glass figure is low. My policy simply states 'market value' which as far as I am concerned means however much an equivalent car is advertised for at the time - glass guide figure is completely irrelevant, especially on a 15 year old car! Anyway, digressing.
We ended up coming to an arrangement where I got market value for the car less £50 to keep it and the salvage company would deliver it back to me. Interestingly they gave me 'cash in lieu of repairs' so there is no write off marker against the car.
TL;DR - talk to the inspection engineer / loss adjuster if your insurer is part of the group of insurers who's mascot is a big red phone.
SonicShadow said:
I went through pretty much the same thing with my insurer when someone rear ended my car and I wanted to keep it for bits.
My insurer said I would need to talk to the salvage company about keeping it.
The salvage company said they don't do this, I should talk to my insurer. I explained that they referred me to them, and asked them to put a note on the paperwork stating I will be retaining the car. As far as I know, they did that. Didn't stop them scratching the fk out of it though. As I wasn't putting back on the road I didn't bother doing anything about that.
So I went back to my insurer, who then told me that I would need to sort this out with the loss adjuster / inspection engineer, who I hadn't talked to yet as on one had been assigned yet. Insurer said this is someone at the salvage company which seemed odd - it turned out to be a subsidiary company of my insurers underwriters. After a laughable initial offer that was less than half current market value, a few emails exchanged (that was difficult, they were very keen to push a phone conversation, I wanted email so I had a record) and we were close to current market value. The reason for the very low valuation was because the glass figure is low. My policy simply states 'market value' which as far as I am concerned means however much an equivalent car is advertised for at the time - glass guide figure is completely irrelevant, especially on a 15 year old car! Anyway, digressing.
We ended up coming to an arrangement where I got market value for the car less £50 to keep it and the salvage company would deliver it back to me. Interestingly they gave me 'cash in lieu of repairs' so there is no write off marker against the car.
TL;DR - talk to the inspection engineer / loss adjuster if your insurer is part of the group of insurers who's mascot is a big red phone.
You might see it as adverts and ignoring Glasses, but the FOS don't. My insurer said I would need to talk to the salvage company about keeping it.
The salvage company said they don't do this, I should talk to my insurer. I explained that they referred me to them, and asked them to put a note on the paperwork stating I will be retaining the car. As far as I know, they did that. Didn't stop them scratching the f
k out of it though. As I wasn't putting back on the road I didn't bother doing anything about that.So I went back to my insurer, who then told me that I would need to sort this out with the loss adjuster / inspection engineer, who I hadn't talked to yet as on one had been assigned yet. Insurer said this is someone at the salvage company which seemed odd - it turned out to be a subsidiary company of my insurers underwriters. After a laughable initial offer that was less than half current market value, a few emails exchanged (that was difficult, they were very keen to push a phone conversation, I wanted email so I had a record) and we were close to current market value. The reason for the very low valuation was because the glass figure is low. My policy simply states 'market value' which as far as I am concerned means however much an equivalent car is advertised for at the time - glass guide figure is completely irrelevant, especially on a 15 year old car! Anyway, digressing.
We ended up coming to an arrangement where I got market value for the car less £50 to keep it and the salvage company would deliver it back to me. Interestingly they gave me 'cash in lieu of repairs' so there is no write off marker against the car.
TL;DR - talk to the inspection engineer / loss adjuster if your insurer is part of the group of insurers who's mascot is a big red phone.
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