Finance car written off
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CasuallyDressed

Original Poster:

73 posts

163 months

Saturday 31st May 2014
quotequote all
So I'm stuck in a pretty stty position at the moment...

Yesterday morning while I was still snoozing in bed, I got a phone call telling me to come outside because someone has hit my car while it was parked outside of my house. I run down and see that a woman in a Honda Jazz has just crashed straight into the front of my VW Golf. Front end smashed and coolant leaking all over the road. Her car barely grazed (obviously).

She's admitted fault, her insurers (Tesco) have said she's admitted fault and supplied me with a courtesy car and arranged to take my car away to be assessed. I got a phone call later in the day saying that my car is a write off (I'm getting the full details of which later on this morning).

The situation I'm in is that I was 15 months into a 36 month finance agreement. I'm going to assume that the value of the car is less than the outstanding balance but I have GAP for the difference. I've been given the impression that I walk away from this entirely empty handed. No car and no money back because it was still on finance, so I don't even have a deposit to put on a new car.

Am I seriously being shafted on this? Is there any advice you can give me so I'll at least walk away from this in the same position I was in before this woman totalled my car?

Trevor450

1,934 posts

177 months

Saturday 31st May 2014
quotequote all
It depends on what type of GAP insurance you have. If you have RTI then the GAP will pay the difference between the insurance value and the outstanding finance and any left over will be passed to you.

stty situation.

whyohwhy

280 posts

241 months

Saturday 31st May 2014
quotequote all
Do they not replace the car?

Palmball

1,294 posts

203 months

Saturday 31st May 2014
quotequote all
As said above, a 'Return To Invoice' gap policy will pay the finance difference and you'll get an additional amount up to the cars invoice value. Because you'll have paid 15 months, you'll actually get a cash lump some much greater than your initial deposit.

If you have 'Finance' gap, it just pays the finance difference so you lose any deposit you've paid, and any value in the 15 months payments to date. Not as good and it does leave you without a deposit, but at least you're not left standing with no gap product at all!

The type of policy should be pretty clear in your paperwork.

ianrb

1,642 posts

169 months

Saturday 31st May 2014
quotequote all
The woman who drove into your car is responsible for covering all the costs, well her insurers are. So they should put you back in the position you were in before the crash. You may have to play hard ball with them though.


whyohwhy

280 posts

241 months

Saturday 31st May 2014
quotequote all
Palmball said:
As said above, a 'Return To Invoice' gap policy will pay the finance difference and you'll get an additional amount up to the cars invoice value. Because you'll have paid 15 months, you'll actually get a cash lump some much greater than your initial deposit.

If you have 'Finance' gap, it just pays the finance difference so you lose any deposit you've paid, and any value in the 15 months payments to date. Not as good and it does leave you without a deposit, but at least you're not left standing with no gap product at all!

The type of policy should be pretty clear in your paperwork.
Understand that the gap policy will sort the finance out, but in a non fault claim should the op not be returned to the position he was in before the accident by the TP insurers ?

CasuallyDressed

Original Poster:

73 posts

163 months

Saturday 31st May 2014
quotequote all
Quoting a verse from my policy:

"If, within the period of cover, the vehicle is classed as a total loss we will pay the difference, up to the claim limit, between the settlement you receive from the comprehensive motor insurance policy and the early settlement figure of your finance agreement."

I can't see RTI written anywhere.

Fort Jefferson

8,237 posts

251 months

Saturday 31st May 2014
quotequote all
ianrb said:
The woman who drove into your car is responsible for covering all the costs, well her insurers are. So they should put you back in the position you were in before the crash. You may have to play hard ball with them though.
Which was, owing more on a car than it was worth.

Being empty handed is better than that.

CasuallyDressed

Original Poster:

73 posts

163 months

Saturday 31st May 2014
quotequote all
At the top of the GAP agreement it says:

Finance Guaranteed Asset Protection Insurance Policy

I'm gonna assume that means I don't have RTI and I am indeed left with nothing.

mellowman

352 posts

277 months

Saturday 31st May 2014
quotequote all
I had a similarly worrying experience when my Boxster was involved in a crash.

I'd paid top money for it as it was low miles and a great spec.

The insurer of the other car involved refused to do anything until the police report into the fatal rta was completed - this took over 3 months.

Luckily, or so I thought, I had taken out GAP insurance and was prepared to top up any low offer with this.

In the end I was taken away by how decent the offer from the other party's insurers was - greatly exceeding my expectations - no need to use the GAP insurance - phew!

I also got a decent contribution towards other expenses, and free physiotherapy. I could have claimed for all sorts, but refused to use an accident claims company, or to put in a whiplash claim.

The other party's insurers settled initially 'without prejudice' to speed things up, and it was only after they'd done this that I had a formal letter admitting full liability. Obviously designed to reduce costs and minimise legal wrangling.


CasuallyDressed

Original Poster:

73 posts

163 months

Saturday 31st May 2014
quotequote all
At least your story has a happy ending smile

I've just spoken to my finance company and got a settlement figure. £3835.50. According to Glass Guide my car is valued at:

Trade: £2090.00 - £3210.00
Private: £3790.00 - £4810.00
Dealer: £4650.00 - £5640.00

These are free estimates so are not taking the mileage (120k) into consideration. If Tesco (their insurer) pay out top whack of £5640.00 then happy days I guess, not as much as the £2700 I've already paid but at least it's something.

The GAP insurers obviously have Saturdays off so I can't speak to them until Monday, and the company that took my car away are still refusing to give me the details of the write off.

mellowman

352 posts

277 months

Saturday 31st May 2014
quotequote all
CasuallyDressed said:
At least your story has a happy ending smile
Not totally happy as someone died cry

What I did was get values off the usual sites and put them into a spreadsheet, as I was expecting a battle. I also gathered together recent pictures and the original ad for the car. One of the key points in my favour was they like to settle for the average selling price within a reasonably local area, and my location on a remote Scottish island group obviously helped here!

Although my car was only slightly exotic, values had begun to plummet, but if you are well-armed with facts and values then you may just be pleasantly surprised. I dealt with Aviva, who were absolute 5h**s until the police report was finished, then they moved very quickly and fairly - but it was a very tough and anxious wait...

Driver101

14,451 posts

150 months

Saturday 31st May 2014
quotequote all
CasuallyDressed said:
At least your story has a happy ending smile

I've just spoken to my finance company and got a settlement figure. £3835.50. According to Glass Guide my car is valued at:

Trade: £2090.00 - £3210.00
Private: £3790.00 - £4810.00
Dealer: £4650.00 - £5640.00

These are free estimates so are not taking the mileage (120k) into consideration. If Tesco (their insurer) pay out top whack of £5640.00 then happy days I guess, not as much as the £2700 I've already paid but at least it's something.

The GAP insurers obviously have Saturdays off so I can't speak to them until Monday, and the company that took my car away are still refusing to give me the details of the write off.
You won't get top dealer price. A dealer price is the value of the car plus their profit and costs.

You need to look at the real value of the car.

Also you've paid £2700. That doesn't mean you've lost £2700. The car was always going to depreciate and you've had some value using it.

Best of luck though. Not a good position.

CYMR0

3,940 posts

229 months

Saturday 31st May 2014
quotequote all
CasuallyDressed said:
If Tesco (their insurer) pay out top whack of £5640.00 then happy days I guess, not as much as the £2700 I've already paid but at least it's something.

The GAP insurers obviously have Saturdays off so I can't speak to them until Monday
OK... if you got the full £2,700 you've already paid (over and above your £3,500 settlement figure) you would be getting free motoring.

That is kind of what RTI gap insurance would provide, but it looks as though you don't have it.

As it seems that you will probably get more than you owe for the car, there wouldn't be a GAP claim unless you are mistaken and do have RTI.

I realise that it's easy to think you will be shafted at every turn by the insurers, but it really doesn't look like that is the case here.

It's also unlikely that you would get top dealer price unless 120k would be low mileage for a car like this. The free valuation will probably assume a lower mileage. You are entitled to recover an element of the dealer's profit however; the car's value for insurance purposes is (I'm paraphrasing) the price you would actually pay for a car equivalent to yours, like-for-like, in the market you would usually buy from (i.e., if you usually buy new/main dealer then this would be the case, if from an auction, an auction price, etc.) allowing for haggling and possibly some betterment (e.g., a longer warranty).

So if top retail at an independent dealer is £5,650 with 70k miles then perhaps it would be £4,500 with 120k miles and you might get the car for £4,200, assuming you usually buy from a dealer (which is presumably the case if it's on finance).

Edited by CYMR0 on Saturday 31st May 11:19

TwigtheWonderkid

48,970 posts

179 months

Saturday 31st May 2014
quotequote all
Fort Jefferson said:
ianrb said:
The woman who drove into your car is responsible for covering all the costs, well her insurers are. So they should put you back in the position you were in before the crash. You may have to play hard ball with them though.
Which was, owing more on a car than it was worth.

Being empty handed is better than that.
That's absolutely right. You had a car that was worth less than you owed, so you were in negative equity. Now you have no car and owe nothing. It may not feel like it, but because of the GAP cover, you've better off now than you were before she hit you.

LoonR1

26,988 posts

206 months

Saturday 31st May 2014
quotequote all
Not forgetting that you nomlongerhave to pay £xx a month as the finance has ended. You aren't in a st place at all.

Rich1973

1,277 posts

206 months

Saturday 31st May 2014
quotequote all
I know what you are saying about ending up with no car, but you are also ending up not having to make 21 monthly payments.
Surely you can make good use of that fact?

PurpleMoonlight

22,362 posts

186 months

Saturday 31st May 2014
quotequote all
LoonR1 said:
Not forgetting that you nomlongerhave to pay £xx a month as the finance has ended. You aren't in a st place at all.
A bit of positive spin huh.

The finance has ended but the OP has no car!

The OP will need a replacement car presumably so will likely now have to effect a replacement finance agreement.

BE57 TOY

2,628 posts

176 months

Saturday 31st May 2014
quotequote all
Yep and further to purplemoonlights post, if OP intended to make the 36 payments and keep the car and be free of finance, he will now have to serve another 36 months on finance to be in that situation.

Defo a crap situation and the GAP policy in place here doesn't appear to be a good one ie RTI GAP. Still, better than no gap I suppose!

CasuallyDressed

Original Poster:

73 posts

163 months

Saturday 31st May 2014
quotequote all
That's why I feel I'm in a stty situation. I now have to start a new finance deal (and know to ask for RTI GAP) and start from scratch. Without any financial kickback from the dead Golf to put towards a deposit on a new car.

Yes, I'm free of the current finance deal, but I still need a car that wasn't budgeted for.