Has my insurer stolen my car???
Discussion
desolate said:
GrazedNConfused said:
Thanks for all your comments.
As I already explained I will be exploring all avenues.
I will call the ombudsman helpline tomorrow to ask advice first, as obviously its free.
I'm still hoping that at least some PHers who had good results with the ombudsman or formal complaints might share their experiences.
Anyone?
If you go to the ombudsman website you can search for the complaints against your specific insurance company.As I already explained I will be exploring all avenues.
I will call the ombudsman helpline tomorrow to ask advice first, as obviously its free.
I'm still hoping that at least some PHers who had good results with the ombudsman or formal complaints might share their experiences.
Anyone?
Why not wait until they say whether you can have your car back first? That's what they are trying to do isn't it?
If I get my car back, great.. No further action.
I am waiting and hoping for that outcome. I'm just spending the wait time trying to figure out the best way to handle things. Where I stand and the likely outcomes of various courses of action.
There has been some very useful knowledge shared here, and I'm very grateful to those who have taken the time to understand my situation and make constructive comments.
GrazedNConfused said:
Looking through some cases, most result in a payout no more than a few hundred pounds. Anyone here has a better result?
If I get my car back, great.. No further action.
I am waiting and hoping for that outcome. I'm just spending the wait time trying to figure out the best way to handle things. Where I stand and the likely outcomes of various courses of action.
There has been some very useful knowledge shared here, and I'm very grateful to those who have taken the time to understand my situation and make constructive comments.
You won't get more than the car is worth, plus maybe a couple of hundred for inconvenience, whichever route it goes down.If I get my car back, great.. No further action.
I am waiting and hoping for that outcome. I'm just spending the wait time trying to figure out the best way to handle things. Where I stand and the likely outcomes of various courses of action.
There has been some very useful knowledge shared here, and I'm very grateful to those who have taken the time to understand my situation and make constructive comments.
desolate said:
GrazedNConfused said:
Looking through some cases, most result in a payout no more than a few hundred pounds. Anyone here has a better result?
If I get my car back, great.. No further action.
I am waiting and hoping for that outcome. I'm just spending the wait time trying to figure out the best way to handle things. Where I stand and the likely outcomes of various courses of action.
There has been some very useful knowledge shared here, and I'm very grateful to those who have taken the time to understand my situation and make constructive comments.
You won't get more than the car is worth, plus maybe a couple of hundred for inconvenience, whichever route it goes down.If I get my car back, great.. No further action.
I am waiting and hoping for that outcome. I'm just spending the wait time trying to figure out the best way to handle things. Where I stand and the likely outcomes of various courses of action.
There has been some very useful knowledge shared here, and I'm very grateful to those who have taken the time to understand my situation and make constructive comments.
Might I presume therefore you are a solicitor or barrister with experience in civil action against insurance companies? Or someone who has researched the outcomes of tort of conversion cases?
ecsrobin said:
So I’ve read all this and keep thinking the car in question is something like a Hyundai Getz.
Go on OP please share I doubt posting what car it is will stop you getting £300 from the ombudsman and a broken car back.
Lol you read 6 pages and that's all you have to contribue???Go on OP please share I doubt posting what car it is will stop you getting £300 from the ombudsman and a broken car back.
Sir, it's the Sunday before Christmas, go spend time with your family.
GrazedNConfused said:
ecsrobin said:
So I’ve read all this and keep thinking the car in question is something like a Hyundai Getz.
Go on OP please share I doubt posting what car it is will stop you getting £300 from the ombudsman and a broken car back.
Lol you read 6 pages and that's all you have to contribue???Go on OP please share I doubt posting what car it is will stop you getting £300 from the ombudsman and a broken car back.
Sir, it's the Sunday before Christmas, go spend time with your family.
So what car is it? I may be able to help if we know some finer details.
Your perceived value of car?
The market value of car?
The price offered by insurance?
ecsrobin said:
GrazedNConfused said:
ecsrobin said:
So I’ve read all this and keep thinking the car in question is something like a Hyundai Getz.
Go on OP please share I doubt posting what car it is will stop you getting £300 from the ombudsman and a broken car back.
Lol you read 6 pages and that's all you have to contribue???Go on OP please share I doubt posting what car it is will stop you getting £300 from the ombudsman and a broken car back.
Sir, it's the Sunday before Christmas, go spend time with your family.
So what car is it? I may be able to help if we know some finer details.
Your perceived value of car?
The market value of car?
The price offered by insurance?
I asked if my car had been stolen, I was advised here by a poster it had not been stolen as they're was no dishonest intent, but the law had been broken as a tort of conversion had taken place. I researched this and it seems valid and that I have a strong case. Further posters advised I get legal advice which I intend to to tomorrow. Further posters advise I say as little as possible lest I prejudice my case in court. Further posters have said the ombudsman is a waste of time, but I still intend to speak to the helpline tomorrow. I also will hear out my insurance Co and see what they are offering. Further posters have advised that if I go down the complaints /ombudsman route, I am activating the T&Cs of my policy, which is an unnecessary complication as they are simply claim handlers in this situation, and this to might prejudice my position in court.
It seems that if I follow one posters advice but not another's, I'm a troll or ignoring advice.
If you've read all 6 pages, you'll see how this discussion has evolved thanks to the valid contributions of posters.
So, per advice of a poster, I will not publish any identifiable info on here in case it comes back to bite me later.
Besides, the value of the car is irrelevant, does the law only protect the rich?
PS I'm not seeking to over inflate the market value of my car. I'm seeking damages as outlined in the discussion of XXX previously. And punative damages to "punish" the insurers for royally f@@@ing up would be a nice cherry on top if awarded.
ZOLLAR said:
GrazedNConfused said:
Lol you read 6 pages and that's all you have to contribue???
Sir, it's the Sunday before Christmas, go spend time with your family.
Errrr you sure about that?Sir, it's the Sunday before Christmas, go spend time with your family.
Getting a bit pedantic.
Think about what it is you actually want.
Would what you want be considered reasonable by the majority of people?
Sounds like you'll get your car back or a reasonable amount above market value as compensation. Either would be a good result.
Don't make it difficult for yourself chap.
Good luck!
Would what you want be considered reasonable by the majority of people?
Sounds like you'll get your car back or a reasonable amount above market value as compensation. Either would be a good result.
Don't make it difficult for yourself chap.
Good luck!
Michaelbailey said:
Very strong argument here for them having stolen your vehicle.
I'm not a 100% sure on all of this but this is how I would interpret the situation.
Insurance sold car on without consent,
insurance offer sub market value for car (subjective)
But ultimately you wanted the car back, this is where im not sure what rights the insurance company have over the vehicle in question and what they are legally obliged to offer.
More specific info on the car in question could be relevant in this case I think. i.e. Car model, year, mileage, condition price offered etc.
though this could all be irrelevant should the insurance co not have the right to sell car on.
I love these threads. "I don't really know what I'm talking about but I'll still offer advice"I'm not a 100% sure on all of this but this is how I would interpret the situation.
Insurance sold car on without consent,
insurance offer sub market value for car (subjective)
But ultimately you wanted the car back, this is where im not sure what rights the insurance company have over the vehicle in question and what they are legally obliged to offer.
More specific info on the car in question could be relevant in this case I think. i.e. Car model, year, mileage, condition price offered etc.
though this could all be irrelevant should the insurance co not have the right to sell car on.
GrazedNConfused said:
If I get my car back, great.. No further action.
Do you really want it back now it's been forklifted around a salvage yard for weeks?The time to get your car back was weeks ago, within a day or so of it being taken. Since when can you rely on any impersonal company to return a call? Stay on the line and escalate until you're dealt with, or get forgotten.
GrazedNConfused said:
ecsrobin said:
GrazedNConfused said:
ecsrobin said:
So I’ve read all this and keep thinking the car in question is something like a Hyundai Getz.
Go on OP please share I doubt posting what car it is will stop you getting £300 from the ombudsman and a broken car back.
Lol you read 6 pages and that's all you have to contribue???Go on OP please share I doubt posting what car it is will stop you getting £300 from the ombudsman and a broken car back.
Sir, it's the Sunday before Christmas, go spend time with your family.
So what car is it? I may be able to help if we know some finer details.
Your perceived value of car?
The market value of car?
The price offered by insurance?
I asked if my car had been stolen, I was advised here by a poster it had not been stolen as they're was no dishonest intent, but the law had been broken as a tort of conversion had taken place. I researched this and it seems valid and that I have a strong case. Further posters advised I get legal advice which I intend to to tomorrow. Further posters advise I say as little as possible lest I prejudice my case in court. Further posters have said the ombudsman is a waste of time, but I still intend to speak to the helpline tomorrow. I also will hear out my insurance Co and see what they are offering. Further posters have advised that if I go down the complaints /ombudsman route, I am activating the T&Cs of my policy, which is an unnecessary complication as they are simply claim handlers in this situation, and this to might prejudice my position in court.
It seems that if I follow one posters advice but not another's, I'm a troll or ignoring advice.
If you've read all 6 pages, you'll see how this discussion has evolved thanks to the valid contributions of posters.
So, per advice of a poster, I will not publish any identifiable info on here in case it comes back to bite me later.
Besides, the value of the car is irrelevant, does the law only protect the rich?
PS I'm not seeking to over inflate the market value of my car. I'm seeking damages as outlined in the discussion of XXX previously. And punative damages to "punish" the insurers for royally f@@@ing up would be a nice cherry on top if awarded.
You're not allowed to benefit from making an insurance claim, that's often referred to as "betterment" so you can't claim that you should receive payment of the write-off value of your car, then get the car back so you can take it to your own tame repairer who will do a repair job for you at a lower price.
The insurer, if they keep the car, will pay you the full market value of a similar aged car at the point of the claim. If they give you the car back, they'll deduct a "salvage value" from the payment (because they won't get to keep the car to break for spares).
Go to the Ombudsman. If they don't give the result you're looking for, you an still go to Court afterwards.
TarquinMX5 said:
I love these threads. "I don't really know what I'm talking about but I'll still offer advice"
Not 100% sure where I offer advice in that comment and why its considered stupid to have an input into an open forum. I effectively had questions in there that other people clarified. I was actually being a bit selfish and wanted to know the laws/agreements surrounding it. Why does everyone have some sort of problem in these forums?Be kind and not a prick, its Christmas!
I found this 66/03 on the FOS website which, whilst not your exact situation, seems relevant.
Edited by Snails on Monday 17th December 12:50
What is the car and mileage? First offers from insurers are often very low, supply examples of adds more inline with the condition of yours and they'll bring the offer up.
You aren't insured for mods etc unless they're declared and agreed by your company - though unsure what happens there when it's a third party that damages the mods.
That's all you are owed, as much of a ball ache is you're insured for your loss, doesn't matter if you personally wouldn't have sold it at market value.
Good luck getting the value you deserve, the whole industry around damaged cars seems rotten to core with companies desperate to write off good cars so they can buy the wreck, bodge it up and sell it on.
You aren't insured for mods etc unless they're declared and agreed by your company - though unsure what happens there when it's a third party that damages the mods.
That's all you are owed, as much of a ball ache is you're insured for your loss, doesn't matter if you personally wouldn't have sold it at market value.
Good luck getting the value you deserve, the whole industry around damaged cars seems rotten to core with companies desperate to write off good cars so they can buy the wreck, bodge it up and sell it on.
Please read the first post: whilst the OP wasn't happy with the initial offer from the insurer, his question was not about that: it is what he should do as they've already sold on the car as salvage before settlement was reached.
He's been advised by the insurer that they know they've made an error & he's waiting for their response before making the next step.
He's been advised by the insurer that they know they've made an error & he's waiting for their response before making the next step.
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