Insurance company want damaged parts back?

[sukanya]

After some time now I have got the council to accept liability to damage caused by one of their employees. They have agreed to replace the damaged wheel but are requesting/ demanding the damage wheel is returned to them. I find this odd.

So my question is who does the damage wheel legally belong to?

I didn’t know how to title this thread so to be clear I am dealing with a council department directly and not an insurer.

Hope someone can clarify.


Many thanks.

[vonhosen]

Doesn't seem odd at all on their part, if they want it.

If an insurer pays for your car or replaces it, your original car becomes theirs.

[Rushjob]

You are being returned to the position you were in prior to the damage.

Why do you think that you have rights to anything more??

[blue_haddock]

Presumably they want the old one back so you cant just get the wheel welded or refurbed and whack it on the car then pocket the rest of the cash.

This way you have to buy the new wheel that you've been paid for.

[AdeTuono]

I imagine it's so they can be assured you've used the compo for it's intended purpose, and not just pocketed the cash.

[Pica-Pica]

Why is this at all odd?

[Prizam]

Legally, you own it. But they can ask for the old part as a condition of settlement. Have you signed anything?

[kestral]

sukanya said:

After some time now I have got the council to accept liability to damage caused by one of their employees. They have agreed to replace the damaged wheel but are requesting/ demanding the damage wheel is returned to them. I find this odd.

So my question is who does the damage wheel legally belong to?

I didn’t know how to title this thread so to be clear I am dealing with a council department directly and not an insurer.

Hope someone can clarify.


Many thanks.

You are obliged to mitigate their loss. So they can claim the wheel.

[AdeTuono]

Why would you want to retain a damaged wheel anyway?

[MustangGT]

kestral said:

You are obliged to mitigate their loss. So they can claim the wheel.

You want to quote the law that requires this?

[LeeM135i]

It will save you having to pay to dispose of the tyre at the tip, ask them when they eat to come and collect it.

[MBVitoria]

I think it would be quite satisfying to take the dirty old wheel and deliver it to their gleaming corporate HQ and leave it on reception.

[Hol]

blue_haddock said:

Presumably they want the old one back so you cant just get the wheel welded or refurbed and whack it on the car then pocket the rest of the cash.

This way you have to buy the new wheel that you've been paid for.

Rushjob said:

You are being returned to the position you were in prior to the damage.

Why do you think that you have rights to anything more??

vonhosen said:

Doesn't seem odd at all on their part, if they want it.

If an insurer pays for your car or replaces it, your original car becomes theirs.

It’s everything above. They have swapped your old wheel for a new one.

[deckster]

LeeM135i said:

It will save you having to pay to dispose of the tyre at the tip, ask them when they eat to come and collect it.

Pretty much this. There can't be any reasonable requirement for you to deliver it to them so assuming they have already paid out then just say it's available for them to come and collect at your house. I guarantee they won't.

[Driver101]

I presume you would be taking it to the council dump anyway, or did you have other plans for it?

[KungFuPanda]

MustangGT said:

kestral said:

You are obliged to mitigate their loss. So they can claim the wheel.

You want to quote the law that requires this?

It’s a generally accepted aspect of tort law in the UK. You have to mitigate your loss. If for example your car gets written off and you get paid out for its Pre Accident Value, you don’t get to keep the wrecked car AND the layout for it. The insurer keeps the wrecked car.

[sukanya]

Thank you for all the reply’s.

I have not yet agreed to anything in writing. They originally wanted to refurbish the wheel but I was adamant that wasn’t acceptable. It is a rear wheel from an AMG GT (diamond cut) that would have required welding to bring it back up on one of the spokes before re cutting and I didn’t want this as the car is in perfect condition apart from this damage. I wish to keep the damaged wheel as an emergency spare if required and for no other purpose.

I have not yet informed my insurer as I don’t wish to load my next premium unnecessarily.

I’m still unsure who legally owns the wheel.

[KungFuPanda]

If you keep the wheel as a spare, you’re being unjustly enriched and being in a better position than you were prior to the incident.

[Rushjob]

sukanya said:

Thank you for all the reply’s.

I have not yet agreed to anything in writing. They originally wanted to refurbish the wheel but I was adamant that wasn’t acceptable. It is a rear wheel from an AMG GT (diamond cut) that would have required welding to bring it back up on one of the spokes before re cutting and I didn’t want this as the car is in perfect condition apart from this damage. I wish to keep the damaged wheel as an emergency spare if required and for no other purpose.

I have not yet informed my insurer as I don’t wish to load my next premium unnecessarily.

I’m still unsure who legally owns the wheel.

Firstly replies……
Secondly are you aware of betterment?
If you wish to be in a better position after the claim than before, such as now being in a position where you possess more wheels than before, then you must expect to pay for that privilege.
It’s been explained before but you’ve ignored it because it doesn’t suit your purpose.
It’s not your wheel once you have a new one to replace the damaged one.

[TwigtheWonderkid]

sukanya said:

I’m still unsure who legally owns the wheel.

You own the wheel. Just like you own the £5 note in your wallet. But if you see something for sale at £5, you can either have it in exchange for your £5 note, or not have it. But you can't have both.

They are offering you a new wheel but want your damaged wheel. That's the terms of the deal they are offering. Take it or leave it.