Who is liable for this crash

LinasPilibaitisisbatman

mattymoo wrote: »

Linas, the claim was made against the third party's insurer so the OP's daughter retained the salvage and is free to do with it as she sees fit.

The TP's Insurance made an offer to write off the car, It was thus theres afterwards unless it was agreed otherwise

I really do hope they ask for it back

mattymoo

Linas, you do speak out your !!! at times.

Insurers can write off a policyholders car because the provision to do so exists within the policy contract.

A third party insurers has no legal right to assume ownership of a persons vehicle following a payment. The salvage remains the property of the owner and the offer is usually adjusted to reflect the fact that money will be raised from its sale.

EG - if a car is worth £500, the salvage £100, the claimant will get £400.

rose28454

LinasPilibaitisisbatman wrote: »

The written off car belonged to the insurers and not your daughter thus she has just committed another criminal offence.

I also find it amazing they paid out

Absolutely disgusting that morons like your daughter dont get punished

She shouldnt have a car, or licence

When the assesor came I asked him about the car and he said the insurers would not want it and she could keep it. When they sent the money they sent the relevant forms for the DVLA so that if she wanted to keep it on the road and have it repaired she knew what to do about registering it as a right off. She has not commited a criminal offence by keeping it so I think you should back off

cogito

mattymoo wrote: »

Linas, you do speak out your !!! at times.

Insurers can write off a policyholders car because the provision to do so exists within the policy contract.

A third party insurers has no legal right to assume ownership of a persons vehicle following a payment. The salvage remains the property of the owner and the offer is usually adjusted to reflect the fact that money will be raised from its sale.

EG - if a car is worth £500, the salvage £100, the claimant will get £400.

Correct...

rose28454

Just to say she had a court summons last week. Not surprised but a little bemused by the other drivers statement. My dd's statement was about 2 small paragraphs as the policeman just asked her direct questions re the insurance. However his statement was 2 pages long and consisted of all the words my DD and I spoke to him. He said she admitted the accident was her fault when we visited him at home ( not true) which does not really tally with the fact that his insurers paid for her damage after just one phone call. She did not even have to fill in a claim form. She will be going to court even if just to refute his statement!!

LinasPilibaitisisbatman

rose28454 wrote: »

Just to say she had a court summons last week. Not surprised but a little bemused by the other drivers statement. My dd's statement was about 2 small paragraphs as the policeman just asked her direct questions re the insurance. However his statement was 2 pages long and consisted of all the words my DD and I spoke to him. He said she admitted the accident was her fault when we visited him at home ( not true) which does not really tally with the fact that his insurers paid for her damage after just one phone call. She did not even have to fill in a claim form. She will be going to court even if just to refute his statement!!

Please do and the judge will just increase the penalties for wasting everyones time

She is guilty of the crime and the facts of the accident are irrelevent re that, given the insurance have paid out all she is going to do by going to court is !!!! of a judge, waste everyones time and get herself a few extra points and bigger fine

But you go girlllll

sarahg1969

LinasPilibaitisisbatman wrote: »

She is guilty of the crime...

What crime is that? The OP hasn't even said what the charge is on the summons.

rose28454

Driving without insurance which is why I cant understand the other driver's statement

sarahg1969

rose28454 wrote: »

Driving without insurance which is why I cant understand the other driver's statement

It was presumably taken at the time of incident, when liability was in question?

It will be irrelevant in respect of the current proceedings.

rose28454

sarahg1969 wrote: »

It was presumably taken at the time of incident, when liability was in question?

It will be irrelevant in respect of the current proceedings.

His statement was taken when he reported her lack of insurance. Although it may be irelevant in respect of this court appearance I do not see why my daughter should be called a liar in court and have it reported in the local paper!!