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Car Being Written Off Question

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Old 20-09-2010 | 04:11 PM
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Default Car Being Written Off Question

My dad's car got hit at his work by some lad in a van who works with my dad and told him what had happened, its going through there companys insurance and my dads insurance but they called him to day to say its a write off

Its only got a small dent just under the rear light the guy down the bodyshop said its 2 hours labour to repair and paint it

What we wont to know is if its written off can he buy it back? does the car get taken away even if he buys it back?

Never had to deal with anything like this before

The car is a Feista RS1800


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Old 20-09-2010 | 04:46 PM
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Here's a few picture's






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Old 20-09-2010 | 04:46 PM
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Depends what kind of insurance he has or the company has, My rs1800 got written off, was not my fault, I got paid out for it and the insurance company didnt want the car either, In there eyes its not really worth anything.

Depends what stage of the process its at Has the claim been settled?. You can ask them if you can get a few quotes to have the work done and they may be willing to pay for it to be done.

If he gets to keep the car after the claim has been settled, once you have had the work done you will need to get the car VIC checked and re-mot it and re-apply for the log book.

Last edited by rs220bhp; 20-09-2010 at 04:48 PM.
Old 20-09-2010 | 04:49 PM
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its your property, they cant just take it away without your consent
Old 20-09-2010 | 05:12 PM
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As said above, chances are they will tell him to keep it or scrap it as it's too much hassle for them especially if he has still got the car.
Old 20-09-2010 | 05:14 PM
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its a third party claim, dont even ask to buy the car back you do not need to, it will be left with you 100%, it prob will be a cat c and will need a vic

the insurance company has no claim over your salvage, only yours does, ie if you bend it yourself and claim on own insurance
Old 20-09-2010 | 05:17 PM
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The car was already a CAT D before we bought it a few years ago, he wonts to keep it as he really likes the car and has spent a fair bit on it but he wonts the damaged sorted


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Old 20-09-2010 | 05:18 PM
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Originally Posted by Jim Galbally
its your property, they cant just take it away without your consent
They can if it is being paid by his insurance and then claimed back off the company insurance. If going direct to the other insurance, the car stays as his property to do with what he wishes.

I would advise him to contact the engineer from the insurance company personally (i.e. by phone) and ask for a cash-in-lieu settlement to be agreed accordingly. The insurance would pay an agreed sum and then take no further claim or warranty. The car is not deemed a write-off then, and can be repaired as the owner sees fit.

The engineer should be happy for this as it removes all legal obligations and only means a couple of forms to be filled in, compared to shed loads for the claims dept. if it goes the other routes.

If the engineer does not agree, then get quotes showing how much one of these in identical/similar condition is worth and tell them to sort it out or you will take it further. An ombudsman will happily take a case like that on, providing you have done the above. It would then cost the insurance company Ł500 as soon as the ombudsman looks @ the case, even before court. No insurance company will want to go that far, so either a settlement will be given, or the car repaired.

I deal with insurance engineers all the time and I would be surprised if any of them would go past the first stage I mentioned.
Old 20-09-2010 | 07:19 PM
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The car belongs in LAW to whoever pays for the car insurance wise, very obvious.
The point is at the moment it is YOUR property, you just settle on the basis that you retain "title"(ownership) the insurers will be only too happy, how the hell someone thinks it's a cat c is beyond me.
A write off simply means not worth repairing considering value after repair and the cost of repair, they may value it totally different to you.
A insurer is LEGALLY obliged to allow you title, so long as it is not cat a or b, do they won't be bothered about, it will save them money having it officially processed as scrap so they will be only too happy.
So just tell them to settle on the basis that you retain title, my gf's car has been written off TWICE by the same insurer, been rear ended twice, 1st time we got Ł600 odd 2nd time Ł425, and kept car each time, they didn't even charge for the salvage.
Old 20-09-2010 | 08:59 PM
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Cheer's for all the info

My dad is going to call them and try and get it sorted

He wonts to keep the car no matter what as he loves it lol

Will let you know the out come


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Old 20-09-2010 | 09:05 PM
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Sorry mate looks like a write off, I dont think it will start like this and if it did others around you maybe combust if you did drive it!
Old 20-09-2010 | 09:46 PM
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If he gets to keep the car after the claim has been settled, once you have had the work done you will need to get the car VIC checked and re-mot it and re-apply for the log book.


Absolute shit,what are you talking about,re Mot the car?how do you know it's cat c?

To the op,I'm in the trade mate,keep in touch with the company and explain the damage is very minor but you'd like to keep it as it's got sentimental value to you,usual bullshit.

You MAYBE asked to take it for a vic check but this is nothing to worry about,it's a VEHICLE IDENTITY CHECK which translates as you give the government Ł41 to tell you that you didn't ring your own car!!bonkers eh?although often as it's your car you may well not need too and as you'll probably retain the v5 you won't need to do this straight away.

As for re Moting it that's just utter shite,never heard of that in my life for cat c or d,it's just Internet bollox somebody heard down the pub.
Old 20-09-2010 | 09:47 PM
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Originally Posted by tabetha
The car belongs in LAW to whoever pays for the car insurance wise, very obvious.
No it does not. If YOUR insurance is paying, then, THEY get claim to the car if total-loss payment is made, and you then get to buy it back, a third party is not entitled to your car. They WILL take it if the car is made Cat-B or Cat-A as it is not meant to return to the road (yes, there are legal loopholes, but these are a whole different set of discussions) to aid you in removing of the scrap.

Because of that, most of what is written below is incorrect as well.

Originally Posted by tabetha
The point is at the moment it is YOUR property, you just settle on the basis that you retain "title"(ownership) the insurers will be only too happy, how the hell someone thinks it's a cat c is beyond me.
A write off simply means not worth repairing considering value after repair and the cost of repair, they may value it totally different to you.
A insurer is LEGALLY obliged to allow you title, so long as it is not cat a or b, do they won't be bothered about, it will save them money having it officially processed as scrap so they will be only too happy.
So just tell them to settle on the basis that you retain title, my gf's car has been written off TWICE by the same insurer, been rear ended twice, 1st time we got Ł600 odd 2nd time Ł425, and kept car each time, they didn't even charge for the salvage.
I deal with these people daily and have actually checked this information before writing this with a close friend of over 25 years who is a senior network manager for one of THE major car, home and personal insurance specialist underwriters in the country. He says you are wrong as well (he actually was not that polite, but you get the gist of it).
Old 20-09-2010 | 09:57 PM
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Okay, I'm bored of this now (just before any replies come back), I have said my piece, carry on, nothing to see here.
Old 20-09-2010 | 10:27 PM
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Originally Posted by iansoutham
Okay, I'm bored of this now (just before any replies come back), I have said my piece, carry on, nothing to see here.
Tbh I agree with the bit about not owning the car as normally you will get a reduced payout should you decide to keep the vehicle.

It's win win for the insurance company as the salvage/recovery costs far outweigh the value they recieve from the sale of the vehicle.

Tabetha is a pretty well informed guy but I think he maybe wrong in this case.
Old 21-09-2010 | 06:58 AM
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Is the car That hit him insured?

Were they the peeps that come out to look at the car?

If so, call that bloke and do what was recommended above.

They then send you a cheque for the car.

If you have told your insurance comapny then you may have to declare it as a claim later on in life.
Old 21-09-2010 | 10:42 AM
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I'm going by my 100% experience of the same situation.
NO car ever belongs to anybody except the owner unless he AGREES, if he doesn't the insurance can't settle it simple as that.
Ian do you really think I give a shit about what you or your chum think of me. please I seriously don't lose sleep over it.
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Old 21-09-2010 | 11:13 AM
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Advise your insurance company that you do not accept the car being written off and you want it repairing thus returning you into the same state you were in prior to the accident (which the insurer has an obligation to you for). I have done this successfully twice now on behalf of family members. Stick to your guns and they will huff and puff but should back down and give you what you want. Also this will avoid teh car being recorded as a total loss

Last edited by Oranoco; 21-09-2010 at 11:14 AM.
Old 21-09-2010 | 11:15 AM
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Originally Posted by tabetha
I'm going by my 100% experience of the same situation.
NO car ever belongs to anybody except the owner unless he AGREES, if he doesn't the insurance can't settle it simple as that.
This is also my understanding, it only becomes the property of the insurer once you agree to the settlement. Up until then it's your property.
Old 21-09-2010 | 11:51 AM
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I did a thread a while ago about this sort of situation, if its not your fault then there is no need to even contact your insurance, they will in most cases give you a reduced figure as its already had a previous payout, but if you had gone direct to the other party's insurance you would recieve full market value. I know this is a bit late in the day for you know but give my good friend Mark a ring on - 08081782110. He is a top solicitor and specialises in RTA's, he has helped me out no end of times in the past and im sure that he would be more than happy to quickly go over your option on the phone. Say I passed their number on, im promise all your questions will be answered within a few moments.

Hope this helps mate
Old 21-09-2010 | 05:31 PM
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you claim on your insurance policy
they write the car off
they pay you money
the car belongs to them
end of

the fact that they decide to let you keep it is neither here nor there, it's their property

you would hardly go to a shop and buy soemthing and then give it away when its yours, so why would the insruance company?
Old 21-09-2010 | 05:48 PM
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ive just had this at work my saff was hit by are traniee in an 18 ton iveco in the yard! its going on the works insurance but i still had to tell my insurance as if u dont it will invalidate your insurance as u havent told them! the cost of damage to mine is about 4500 but its being fixed all done by are works policy through alliance insurance
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