Has my insurer stolen my car???

[GrazedNConfused]

I was called back by the CE yesterday who said Copart have contacted the buyer and they are trying to buy my car back. He suggested a formal complaint be lodged if the car is not recoverable.

Of course I will explore all possibilities, and if the complaints procedure results in an offer of XXX I will settle. But in the meantime, I'm following advice from you guys on here and am preparing for the worst, a civil claim for tort of conversion.

This is not how I enjoy spending my time! I learned about theft /Conversion on here from a PHer, and am seeking as much qualified advice as I can get so I'm best prepared to handle whatever crops up on the next call with CE.

My apologies if I'm coming across as a troll, but trust me, this s@@t is real, unfortunately.

Edited by GrazedNConfused on Saturday 15th December 16:09

[GrazedNConfused]

MarkwG said:

Sounds like they know they've acted in haste: your car is not theirs to sell on until the insurance claim is settled, so they should be acting in good faith & taking care of it until it is. I suggest, if it turns up & you can store it, insist they return it to you until such times as you come to an agreement. If they can't recover it, then you're in a strong position for a complaint, as the CE has said. I've had claims that take nearly two years to resolve, it's stressful I'm afraid. Incidentally, no trolling as far as I'm concerned...

Thanks for your comments.

I'm surprised at some people's faith in complaints procedures /ombudsman given many bad experiences given by PHers in this thread!

Another consideration, filling a complaint or passing to ombudsman would involve me formally entering into the contractual arrangement with my insurers, which then brings into play T&Cs of my policy. This is bad. This may then prejudice my civil claim for tort of conversion, which in the face of it looks like an open /shut case.

Given "my day in court" versus months /years battling my insurers or ombudsman with no guaranteed outcome, I'm more enclined to go down the court route. My expenses would be recoverable from the defendants, along with punative damages.

But I'm willing to be convinced otherwise; can anyone please share any positive experience they had with formal complaints or ombudsman? How quick was the case settled and how much were you awarded relative to your original payout offered by your insurer?

[GrazedNConfused]

Black_S3 said:

GrazedNConfused said:

Eh? I know I'm new round here, but does PH have its own definition of a troll???

Would someone kindly explain?

Don’t worry, they’re just being mean because they’re jealous of you and the life changing pay out you are due.

The best thing you could do at this point is hire a Queens Counsel, no point messing about with a 2 bob solicitor as it’s over his head. To cover yourself against potential loss it is also worth selling all your possessions and spending all your money on prostitues and cocaine so that if it all goes wrong you have nothing for anyone to take off you thus creating a risk free situation.

Lol, so I'm the troll???

[GrazedNConfused]

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?

[GrazedNConfused]

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.

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?

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.

[GrazedNConfused]

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.

You speak with great authority on this subject.

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?

[GrazedNConfused]

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???

Sir, it's the Sunday before Christmas, go spend time with your family.

[GrazedNConfused]

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???

Sir, it's the Sunday before Christmas, go spend time with your family.

Well those that have posted you don’t listen too so why should I give you any help.

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?

How am I not listening to posters?

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.

[GrazedNConfused]

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?

Well, in our house Christmas time starts when kids finish school, and patents finish work. So next weekend is Christmas time.

Getting a bit pedantic.