Car Insurance claim driving me mad...

angel69_2

Debt_Free_Chick wrote: »

The reason they want the docs is that they have written the car off. The car will be registered at DVLA as a write-off.

Sending the docs and agreeing a settlement figure are two different things. If the car has been written off, then you are only negotiating the settlement figure. I'd be inclined just to send them - the docs only relate to the car and are no longer of any use to you (or anyone else).

Did they say what category of write-off it is?

Thanks, I didnt ask what category.

The are such crap that the took instruction form my mecanich who told them I wanted to keep the car and get it fixed up! I have not even decided on this as yet!!

As for the DVLA, I have declared tha car as SORN.

Im just unhappy that they will not deal with my solicitor as I just simply do not like the manner in which they speak to me on the phone.

Debt_Free_Chick

angel69 wrote: »

The are such crap that the took instruction form my mecanich who told them I wanted to keep the car and get it fixed up! I have not even decided on this as yet!!

If you did, the process is ..... you still send the docs. You agree a figure and you buy the car back from them. When repaired, you then need to get a VIC check done (to show it's the same vehicle) and if you want fully comp insurance, you'll need a specialist mechanic's report from some kind of registered/authorised mechanic. I didn't bother with fully comp once mine was w/o for £3k and bought back for around £300!!!!

Note that you can only buy back the remains of certain classes of w/o (can't remember which, but someone will confirm). If it's deemed to be beyond safe repair, you can't buy it back - it MUST be scrapped as it's deemed to be unsafe even if repaired.

Anyway, just send 'em the docs

*MF*

@ angel69

Hi ... if you remember my earlier posts, I remained hesitant about you sending any documents to your Insurance Company - suggesting only copies until you had decided how to deal with your claim - thru' them or using a solicitor for everything.

I still retain that very same hesitancy about what the Insurer are asking.

Declaring a vehicle a "write off" is essentially saying that cost of repairs exceeds the value of the car - that is an economic issue. It does NOT follow in every case that the car is unroadworthy, that may be the case or it may not.

It sounds to me as tho' sending the documents back to the Insurer will automatically set in motion the DVLA procedures for a car that is "written off" - without it being clear - and it is essential that it is clear - whether that is on economic grounds or on roadworthiness grounds. It is entirely possible for a vehicle to be 100% roadworthy, capable of passing an MOT - yet still be written off on purely economic grounds.

Bear in mind - that the Insurer is not involved any longer in this claim in regards to the vehicle damage - so don't let them browbeat or harass you into doing something - which is not in YOUR best interests - a point i emphasised in my earlier posts. You are the "registered keeper" of the car and the legal responsibilities fall to you - sending the SORN declaration is an example.

I am NOT saying don't send the documents - I am just hesitant that you do so only once YOU have decided to do so, and at a time of YOUR choosing.

Others may disagree ....


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angel69_2

Thanks again for your feedback Debt_Free_Chick and MF.

After the letter I got mid week I also got a tel call when I didnt pick up the insuruance comp sent me txt!! Sam stuff send docs etc....my issue is that I have asked them to liase with my solicitor for everything incl. iro requesting docs etc but this insist on houding me...I letter, a tel call and a txt in the space of 2 days....surley this is harrassment!!!!!!

raskazz

I imagine that they are chasing it because your car will be sitting somewhere accumulating storage charges for the insurer whilst this unnecessary delay is occurring. Just send the documents. There's no point in not doing so. Your policy will contain a clause stating that you must co-operate with processing a claim, and IMO you are sailing dangerously close to breaching this.

*MF*

raskazz ... in my short time here, there has been little that you have posted against which I would choose to disagree, and certainly not with you openly, but on this issue I do.

Based on my understanding:

angel69 is NOT asking the Insurer to pay a claim related to the damage to her car

- that was an issue under discussion earlier,
- but she then decided to instruct her solicitors to recover all of her losses for her
- including the value of the car.

Were it the case that the Insurers were paying a claim for the value of the car, then when they take possession of it in lieu of that payment, the situation is different, and they would want the documents as part of that process - but that is not my understanding of what has happened, or is to happen.

Given that to be correct (...and I repeat that is my understanding) wherein do you see the role of the Insurer regarding the Reg Docs etc

- for me it is similar to a situation where there was third party only cover for the car
- and the Insurer has no active role to play in that case where the car is damaged, small or extensive.

Perhaps as I said earlier - others may disagree - fair enough.

*******************************

But my reason for posting my disagreement with you is when you suggest angel69 is NOT co-operating and warn her over that aspect. It is fundamentally clear (no matter any other issue involved) that she has asked that the Insurers deal with her solicitors - it is the Insurers that are not respecting that request.

I do not seek any argument with you raskazz - not in any way - but angel69 started this thread, confused about her options and the best way forward - and I for one hope she is not put off by these comments between us.

@ angel69 - raskazz is correct in raising the potential issue of the storage costs, there may be others

You want the Insurer to deal with your solicitor - may I therefore strongly suggest that on Monday you ask your solicitors to contact your insurers, by phone, fax, letter or e-mail - and make it clear on your behalf that they act for you in this matter.

That would allow the Insurers to raise any issues they may have and for your solicitor to resolve them on your behalf.

raskazz

Ah, you are quite right *MF*, having read the thread again it seems clear where the problem lies - the OP's insurer is under the impression that the OP still has the intention of claiming for the value of the car under the insurance policy - hence why they sent the letter stating that if no contact is made then they will assume that the OP doesn't want to claim. The 'own insurance' claim has to either be processed or closed - the insurer cannot be expected to wait 'in limbo'.

Given that the OP is intending to deal with the third party insurer directly the first thing for the OP to do next is surely to call their own insurer and tell them to close the claim, as no claim is now going to be submitted under the policy. It's not clear the OP has done this yet!

*MF*

Thanks, raskazz for the gracious response - appreciated. I already know that you and others on here are worthy of respect, and not least for the ground you cover each day in helping other members. I am more selective and it perhaps in some cases allows me more time to read and respond.

@ angel69 - raskazz is imho correct - your Insurers are not clear in their minds that you are NOT claiming for the car from them, were they, I don't think you would have had the further contact from them last week. However, I guess they are not your favourite Insurers at the present time, let us say - so I repeat my comments from above:

You want the Insurer to deal with your solicitor - may I therefore strongly suggest that on Monday you ask your solicitors to contact your insurers, by phone, fax, letter or e-mail - and make it clear on your behalf that they act for you in this matter.

That would allow the Insurers to raise any issues they may have and for your solicitor to resolve them on your behalf.

Ensure that your solicitor makes clear, emphatically so, that your are NOT claiming for the value of the car - issues may arise, such as storage, ask him to resolve these on your behalf, and making clear they should not contact you.

angel69_2

Thank you all for your much needed help.
I am due to meet with my solicitor tomorrow, I shall speak to him about the points raised.