Insurance - Recovery of total loss
Discussion
On Friday night my 200K miles Elise was damaged by a (probably) drunk driver whilst parked on the street outside. My car was the least damaged of four that she managed to hit. She absconded but was later found by police who I understand arrested her and I believe persuaded her to admit that she was the driver at the time of the incident.
The damage to the rear clamshell is relatively light, but it is looking like to repair cost will lead the insurance company (AVIVA) to declare it beyond economic repair and I assume therefore a “total loss”.
I have wisely avoided having the car taken off to the AVIVA ‘approved repairer’ and took the option of selecting my own repairer which incurs an additional £200 excess. The car is completely roadworthy.
Now I have a lot of investment in this car rather above it’s insurance value having owned it from new and maintained by the same garage in great mechanical condition throughout it’s life.
So does anybody know (not speculate) what tactic I can use to make sure that the car doesn’t get declared as a total loss and save the car from the insurance company? Options as I see it may be:
I guess the first option will be to do my best to persuade my insurance company that the write-off value is high enough to make the repair economic. I am told this is unlikely with AVIVA.
Is it possible to negotiate a maximum fee that the insurer will pay for the repairs and I make up the difference?
It is possible to withdraw the claim on my insurer and simply live with the damage/ patch it up myself?
Is it possible to withdraw the claim on my insurer, get the car repaired and then sue the other driver (and hence her insurance company) for the cost of the repairs.
If the car is declared a total loss, what it the tactic/ situation regarding negotiating to buy it back and then pay the repair cost myself?
I will obviously discuss with the insurance company to try to work through this, but would really appreciate any useful advice from anyone else who has experience of this kind of situation.
Thanks.
The damage to the rear clamshell is relatively light, but it is looking like to repair cost will lead the insurance company (AVIVA) to declare it beyond economic repair and I assume therefore a “total loss”.
I have wisely avoided having the car taken off to the AVIVA ‘approved repairer’ and took the option of selecting my own repairer which incurs an additional £200 excess. The car is completely roadworthy.
Now I have a lot of investment in this car rather above it’s insurance value having owned it from new and maintained by the same garage in great mechanical condition throughout it’s life.
So does anybody know (not speculate) what tactic I can use to make sure that the car doesn’t get declared as a total loss and save the car from the insurance company? Options as I see it may be:
I guess the first option will be to do my best to persuade my insurance company that the write-off value is high enough to make the repair economic. I am told this is unlikely with AVIVA.
Is it possible to negotiate a maximum fee that the insurer will pay for the repairs and I make up the difference?
It is possible to withdraw the claim on my insurer and simply live with the damage/ patch it up myself?
Is it possible to withdraw the claim on my insurer, get the car repaired and then sue the other driver (and hence her insurance company) for the cost of the repairs.
If the car is declared a total loss, what it the tactic/ situation regarding negotiating to buy it back and then pay the repair cost myself?
I will obviously discuss with the insurance company to try to work through this, but would really appreciate any useful advice from anyone else who has experience of this kind of situation.
Thanks.
Don't even involve your own insurers other than to notify them of the incident, tell them you are going direct to the other driver's insurance and you don't want to go any further with the claim through them.
Don't attempt to sue the other driver, just go direct to their insurers. They will be well used to dealing with third party claims.
Clam damage to a 200k mile Elise probably will write it off, but the salvage value is usually 20-30% of the pre-claim value of the car (depending on insurer) so you could actually end up better off out of the deal if you can get it repaired and buy the salvage.
Just be up front with the insurers that you want to retain the salvage if they do write it off and see what they say, most insurers it won't be a problem, in fact when you're going direct to the third party insurer just paying you out and letting you sort it is less hassle for them.
Don't attempt to sue the other driver, just go direct to their insurers. They will be well used to dealing with third party claims.
Clam damage to a 200k mile Elise probably will write it off, but the salvage value is usually 20-30% of the pre-claim value of the car (depending on insurer) so you could actually end up better off out of the deal if you can get it repaired and buy the salvage.
Just be up front with the insurers that you want to retain the salvage if they do write it off and see what they say, most insurers it won't be a problem, in fact when you're going direct to the third party insurer just paying you out and letting you sort it is less hassle for them.
Sorry, not much help, but just to say that my insurance company have written my car off - despite me telling them about my expedition to the ditch and very clearly stating it was just for information only. They did not pay out, did not authorise any repairs, nothing, but my V5 now has a salvaged marker on it.
I am still trying to figure out why, how they can remove it or pay me out for it, (as rust is now making a remarkable attack on the car) - but I am not sure you would like a salvaged marker on your car if it is not due one.
I am still trying to figure out why, how they can remove it or pay me out for it, (as rust is now making a remarkable attack on the car) - but I am not sure you would like a salvaged marker on your car if it is not due one.
When my VX got hit at a roundabout I managed to source a second hand rear clam which brought the cost of the repair down by ~£2k and into a price range they were happy to authorise - even though they said they'd be pursuing the other person's insurance co for the repair (that only took 2 years 
).
You should get your £200 excess back from her insurance company when they eventually pay up.
).You should get your £200 excess back from her insurance company when they eventually pay up.
Psycho Warren said:
What authority does an insurer have to "write a car off" when there is no claim? none whatsoever. Write to DVLA to have the marker removed as its an error - with supporting info from insurer. if insurer refuses to play ball then jump on the ombudsman.
Yip, thank you! - I am working on it - moved house recently, and it only showed up when my new V5 showed up. Currently waiting for the ever quick "We will call you back soon..."Good call about contacting DVLA directly.
You are doing it wrong. You want the car written off as beyoned economical repair and you keep the car and get a cheque for the value of the car. That way you have the car and a nice big fat cheque.
My car was run into from behind. It was still drivable by far. I took it to 2 approved repairers who both said the car was beyoned economical repair the value of the car was £2200 and to repair was £2700 from one repairer and £3100 the other.
I told my insuranc company who I was going to claim from (they then claim from the other parites insurance) that I wanted to keep the salvage (the wrtten off car). They said I could not because it was written into their/my policy. I checked and Hastings do have a clause saying that the salvage belongs to them.
I then told them (Hastings) I did not want them to persue the claim and I contacted the other parties insurance over the phone (Fortes). The Fortes loss adjuster aked why I had not gone through my own insurance. I explained I wanted to keep the salvage. The loss adjuster understood and said that they would send an engineer to my house to view the car to assess the level of damage in 3 days time.
The engineer examined the car and I told him I wanted to keep it and he said I could as he understood it only needed small repairs but the accident repair shops were bumping everything up to make money. He wrote the car off as cat C and I repairerd it in an afternoon after I had got the parts of the net. I got a cheque for the full value of the car and am still driving it around now after 9 yrs.
Remember the salvage is yours.
My car was run into from behind. It was still drivable by far. I took it to 2 approved repairers who both said the car was beyoned economical repair the value of the car was £2200 and to repair was £2700 from one repairer and £3100 the other.
I told my insuranc company who I was going to claim from (they then claim from the other parites insurance) that I wanted to keep the salvage (the wrtten off car). They said I could not because it was written into their/my policy. I checked and Hastings do have a clause saying that the salvage belongs to them.
I then told them (Hastings) I did not want them to persue the claim and I contacted the other parties insurance over the phone (Fortes). The Fortes loss adjuster aked why I had not gone through my own insurance. I explained I wanted to keep the salvage. The loss adjuster understood and said that they would send an engineer to my house to view the car to assess the level of damage in 3 days time.
The engineer examined the car and I told him I wanted to keep it and he said I could as he understood it only needed small repairs but the accident repair shops were bumping everything up to make money. He wrote the car off as cat C and I repairerd it in an afternoon after I had got the parts of the net. I got a cheque for the full value of the car and am still driving it around now after 9 yrs.
Remember the salvage is yours.
As I understand when the claim for write-off is settled i.e. paid in full the salvage will belong to the insurance company.
This does not preclude any negotiation to retain the salvage for a consideration to the insurance company but is no doubt subject to company policy and other factors.
This does not preclude any negotiation to retain the salvage for a consideration to the insurance company but is no doubt subject to company policy and other factors.
TooMany2cvs said:
Not necessarily.
If the insurer write it off, it's theirs - UNLESS you come to an agreement with them to keep it.
No that is wrong.If the insurer write it off, it's theirs - UNLESS you come to an agreement with them to keep it.
The default position is:
The vehicle is yours and so is the salvage. Why would the car belong to the insurance company?
However.
If it says in your insurance policy "that if you make a caim on this policy and your car is written off and we indemnify you for the total loss you agree we can keep the salvage". (As Hastings did with me) even though they would have recovered from the third parties insurance. Then yes you need an agreement from them to circumvent that clause in the policy.
If you claim from the third party or the third parties insurance for a total loss of your vehicle it belongs to you as their is no agreement between you and the third parties insurance. As in effect what you do is claim from the third party who has the option of paying you himself or passing the claim onto his insurance company.
The only case were you have to come to and agreement with an insurance company to keep the car in the event of total loss is as I have said above( a term in the policy)
Beware: This applies if the other party is at fault. If you claim from your own insurer you have to comply with the condition of your policy which may state they will not let you keep the salvage.
Some factual information, and a lot of rubbish posted in this thread.
Your car is yours to do with as you please.
You need to claim from the other party's insurance.
Your car may indeed be a total loss, but the other insurance company has no legal right on that car, so can't actually classify it as a write off, or claim it.
You should be paid a value for the car, less salvage, (usually 5-10%)
I had a Grand Cherokee that was hit whilst parked, and was paid out by the other insurance company with no total loss classification.
It was then fixed using 2nd hand parts.
Shame it was nicked 18 months later.
I also had a 911 where the assessor was trying to claim it would be a cat B write off, but as the other party was paying out for it, it wasn't classified.
Turns out the assessor had planned to keep it and repair it himself.
Your car is yours to do with as you please.
You need to claim from the other party's insurance.
Your car may indeed be a total loss, but the other insurance company has no legal right on that car, so can't actually classify it as a write off, or claim it.
You should be paid a value for the car, less salvage, (usually 5-10%)
I had a Grand Cherokee that was hit whilst parked, and was paid out by the other insurance company with no total loss classification.
It was then fixed using 2nd hand parts.
Shame it was nicked 18 months later.
I also had a 911 where the assessor was trying to claim it would be a cat B write off, but as the other party was paying out for it, it wasn't classified.
Turns out the assessor had planned to keep it and repair it himself.
kestral said:
The vehicle is yours and so is the salvage. Why would the car belong to the insurance company?
Because they've paid you the full undamaged market value for it.If you want them to pay you the full undamaged market value less the salvage value - which may be substantial, as anybody who's ever looked at a copart auction will know - then, by all means, you can keep the salvage.
James TiT said:
However you do not know what his contract of insurance says, do you?
There is a very, very small chance that he has one of the handful of specialist policies that give salvage rights automatically, it's true. In which case, it would have shouted loudly about it at the marketing stage...
TooMany2cvs said:
Because they've paid you the full undamaged market value for it.
If you want them to pay you the full undamaged market value less the salvage value - which may be substantial, as anybody who's ever looked at a copart auction will know - then, by all means, you can keep the salvage.
Read the posts properly. The car only belongs to them if : If you want them to pay you the full undamaged market value less the salvage value - which may be substantial, as anybody who's ever looked at a copart auction will know - then, by all means, you can keep the salvage.
You claim from YOUR own insurer and there is a clause in the policy that stated the salvage is theirs.
If you claim from the third party (because that is who you claim from not his insure) you claim from the neglegent driver who passes the claim onto HIS insurance company who have no contract with you at all.
So the car you own is nothing to do with them at all and they have no control over what happens to your car even if they (they being the third party via his insurance) pay you the full market value.
You don't claim on someone elses insurance you claim from the neglegent driver who if he so choses passes that claim onto his own insurer. He is not obliged to pass that claim on and can make you sue him for the money if he so choses. You have no powers at all to claim on his insurance.
I hope this helps you understand basic insurance law.
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