Now what?
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P50

Original Poster:

1,034 posts

193 months

Thursday 30th April 2015
quotequote all
I'll keep this short and to the point.

1, In my 11k miles from new 1972 classic car - original and unrestored throughout save some 70's paint. A real find and not cheap. Value is £20k plus.

2, Whilst stationary I was knocked by 3rd party driver who performed a U turn in traffic in front of me. Hit my O/S front wing causing a minor dent. Damaged hub cap and road wheel. Steering wheel no longer straight so will assume some damage to O/S track rod and steering box. Drove home OK. No damage to main components or structure etc

3, Driver accepted liability in next day or two. I have classic insurance with legal cover. Received txt from his insurers ( a big name - Bulldog and things!) suggesting we deal directly thus saving my deductible etc. I got in touch and declined a hire car. Requested an engineer down to assess and stressed it's not a Ford Focus and is a special case.

3, Man turns up and sees the car's exemplary. I stress I want to source NOS parts and it's decided that a one off payment to me would be the most sensible way to proceed and conclude the claim. I suggested £2k given paintwork,parts.my time etc. Was told they don't usually pay out to a 3rd party cash (due to mechanical damage) but this is a special case given the car so he will talk to his superiors etc.

4, Offer of £1500 received next day by phone by engineer. Counter offer of £1750 sent by txt to engineer. £1750 agreed by phone soon after and I was informed I will receive a cheque shortly. A txt from 3rd party insurers confirms this. Sum is less that 10% of cars value. Nothing signed.

5, Yesterday letter received from 3rd party insurers saying cheque will follow soon and that THEY HAVE INFORMED THE DVLA THAT MY CAR IS A TOTAL LOSS and have paid out as such! WTF?!!!! I was not informed that this was going to happen obviously! I will not be cashing the cheque for obvious reasons. I have signed nothing (as in a release) and consider the whole episode unprofessional.

So now my car is it seems on the list as a write off which has destroyed its value totally for a minor bump!

I know for a fact that it is all but impossible to have a car removed from the list and even if they do it will probably now be flagged as total loss and removed. To the layman who may want to buy my car it will seem like a cat B/C/D then rectified and I will have to declare this to my insurers who may not want to insure a write off and will ask for additional premium. It may also need a VIC inspection! Who knows?!!

I have no faith in the DVLA removing my car without a trace as I've heard of stories of people buying cars which come up clear on Vcar/HPI at the time of purchase but some time later appear. It takes a while to go through the system and I will never know what's going on behind the scenes.. I may decide to sell my car in two years time and a prospective purchaser may decline to purchase as it has appeared on the list or at least something is flagged causing some suspicion choosing not to purchase erring on the side of caution. By then for me any recourse with the 3rd party insurers will be long gone and my stunning original car is down as a total loss!

I think it's time to invoke my own classic car legal cover to take action against the negligence of the engineer/insurers who have allowed this to occur. I will seek a full pay out of £20k plus.

However I welcome your thoughts as this is a unique case.





Edited by P50 on Thursday 30th April 06:45


Edited by P50 on Thursday 30th April 06:50

HustleRussell

26,608 posts

190 months

Thursday 30th April 2015
quotequote all
What an utterly stty situation. You have my sympathies and I wish you the best of luck.

Are you sure that the info you were given about the total loss / payout is reliable? did you escalate it with the insurance company?

P50

Original Poster:

1,034 posts

193 months

Thursday 30th April 2015
quotequote all
Letter received yesterday eve when I got in so no escalation. Contact will be made today.

I work in insurance claims and this is a prime balls up of the highest order par excellence. Companies have professional indemnity cover for this kind of thing.

HustleRussell

26,608 posts

190 months

Thursday 30th April 2015
quotequote all
Hopefully this is just an automated mail-merge letter cockup and the car hasn't actually been declared B.E.R.

P50

Original Poster:

1,034 posts

193 months

Thursday 30th April 2015
quotequote all
HustleRussell said:
Hopefully this is just an automated mail-merge letter cockup and the car hasn't actually been declared B.E.R.
Yes but how can I be 100% sure that my car is clean?!

It's a collector car/investment and provenance is everything.

ZOLLAR

19,920 posts

203 months

Thursday 30th April 2015
quotequote all
P50 said:
HustleRussell said:
Hopefully this is just an automated mail-merge letter cockup and the car hasn't actually been declared B.E.R.
Yes but how can I be 100% sure that my car is clean?!

It's a collector car/investment and provenance is everything.
Do you have access to MIAFTR?

You can check if it's on there, if not then it maybe an automated letter sent in error as suggested.

P50

Original Poster:

1,034 posts

193 months

Thursday 30th April 2015
quotequote all
ZOLLAR said:
P50 said:
HustleRussell said:
Hopefully this is just an automated mail-merge letter cockup and the car hasn't actually been declared B.E.R.
Yes but how can I be 100% sure that my car is clean?!

It's a collector car/investment and provenance is everything.
Do you have access to MIAFTR?

You can check if it's on there, if not then it maybe an automated letter sent in error as suggested.
I have no access and have no faith in the system.

It could take weeks to filter through. It's like pulling a parachute rip cord. Am I to check on a regular basis for eternity??




ZOLLAR

19,920 posts

203 months

Thursday 30th April 2015
quotequote all
P50 said:
I have no access and have no faith in the system.

It could take weeks to filter through. It's like pulling a parachute rip cord. Am I to check on a regular basis for eternity??
If you work in insurance claims someone in your department will have access to MIAFTR it'll tell you if it's recorded as TL or not.

TooMany2cvs

29,008 posts

156 months

Thursday 30th April 2015
quotequote all
P50 said:
3, Man turns up and sees the car's exemplary. I stress I want to source NOS parts and it's decided that a one off payment to me would be the most sensible way to proceed and conclude the claim. I suggested £2k given paintwork,parts.my time etc. Was told they don't usually pay out to a 3rd party cash (due to mechanical damage) but this is a special case given the car so he will talk to his superiors etc.

4, Offer of £1500 received next day by phone by engineer. Counter offer of £1750 sent by txt to engineer. £1750 agreed by phone soon after and I was informed I will receive a cheque shortly. A txt from 3rd party insurers confirms this. Sum is less that 10% of cars value. Nothing signed.

5, Yesterday letter received from 3rd party insurers saying cheque will follow soon and that THEY HAVE INFORMED THE DVLA THAT MY CAR IS A TOTAL LOSS and have paid out as such!
Sorry, but what else did you think they meant by "one off payment would be the most sensible way to proceed"? If they were going to do anything but write it off, then they'd have said "Get it fixed, send us the bill".

Do you have agreed value insurance?

P50

Original Poster:

1,034 posts

193 months

Thursday 30th April 2015
quotequote all
I'm a 3rd party. I have agreed value classic insurance.

10% of value writes a car off?? Are you insane? the adjuster knew its value.

btcc123

1,243 posts

177 months

Thursday 30th April 2015
quotequote all
P50 said:
I'm a 3rd party. I have agreed value classic insurance.

10% of value writes a car off?? Are you insane? the adjuster knew its value.
If you work in insurance claims you should have realised what could happen regarding accepting a one off payment and the car being written off.

This may be a mistake and someone in your position and contacts could easily resolve the matter with a couple of phone calls so do not really know why you come on here asking for help.

I do hope you get it sorted out as I would not be happy if this happened to my classic car.

P50

Original Poster:

1,034 posts

193 months

Thursday 30th April 2015
quotequote all
I have now spoken to the adjuster/engineer/insurers.

He said it's plainly not a write off. He valued it at £18k and simply recommended a cash settlement. No mention of total loss.

It's a simple error. I require written confirmation that my car has not been recorded for the file in case in the future something occurs.

Case (nearly) closed.

carreauchompeur

18,331 posts

234 months

Thursday 30th April 2015
quotequote all
Phew.

I only recently found out that my deceased gran's Mini was recorded as a Cat C write-off following a very minor car park bump in 2006. This has massively dented the value for no good reason so it's always good to check.

anonymous-user

84 months

Thursday 30th April 2015
quotequote all
P50 said:
I have now spoken to the adjuster/engineer/insurers.

He said it's plainly not a write off. He valued it at £18k and simply recommended a cash settlement. No mention of total loss.

It's a simple error. I require written confirmation that my car has not been recorded for the file in case in the future something occurs.

Case (nearly) closed.
I would normally recommend dealing direct with Third Parties and although this looks like it will be OK - I would say that for classics or anything complicated I would always go with my own insurance policy. A decent classic policy will have clauses to deal with original parts and such like and it is likely you will get an experienced claims handler.

That said - looks like this will turn out OK.


P50

Original Poster:

1,034 posts

193 months

Thursday 30th April 2015
quotequote all
carreauchompeur said:
Phew.

I only recently found out that my deceased gran's Mini was recorded as a Cat C write-off following a very minor car park bump in 2006. This has massively dented the value for no good reason so it's always good to check.
Exactly.

I spoke to "Bulldog" who said they have no "template" for my situation.

Really? anyway, I want a letter from them confirming they have not submitted anything to the DVLA in any way shape or form.

I will HPI my car in 3 months. If it is on the Vcar register I will use my legal cover to sue them for damages.

Simples!

TooMany2cvs

29,008 posts

156 months

Friday 1st May 2015
quotequote all
P50 said:
I'm a 3rd party. I have agreed value classic insurance.
Are you claiming from your insurer?

evoivboy

986 posts

176 months

Friday 1st May 2015
quotequote all
TooMany2cvs said:
Are you claiming from your insurer?
Says above from "other side"

BertBert

21,308 posts

241 months

Friday 1st May 2015
quotequote all
It would seem risky not claiming from your own policy as the agreed value will hold no weight with the other party's insurer surely?
Bert

TooMany2cvs

29,008 posts

156 months

Friday 1st May 2015
quotequote all
BertBert said:
It would seem risky not claiming from your own policy as the agreed value will hold no weight with the other party's insurer surely?
Exactly this.

You have a contract with YOUR insurer that says "My car is worth £20k". So why on earth risk that by going direct to somebody you don't have that contract with? OK, it now looks as if this is cock-up rather than conspiracy, and something unintended has happened (which should make it easy to wind-back), but...

ging84

9,548 posts

176 months

Friday 1st May 2015
quotequote all
TooMany2cvs said:
BertBert said:
It would seem risky not claiming from your own policy as the agreed value will hold no weight with the other party's insurer surely?
Exactly this.

You have a contract with YOUR insurer that says "My car is worth £20k". So why on earth risk that by going direct to somebody you don't have that contract with? OK, it now looks as if this is cock-up rather than conspiracy, and something unintended has happened (which should make it easy to wind-back), but...
Contracts work both way, going to the 3rd party insurer first is probably the lower risk option specifically because you don't have a contract with them, if you are not happy with what they offer, you can reject it, you can take them to court yourself or you can go back to your insurer and get them to handle it.
Unless the terms of cover specifically state they will cover the short fall between a 3rd party settlement and your agreed value, and that they will only provide that cover if you use thier accident management services from the outset, then i don't see why there is any risk by dealing direct with the 3rd party