Car is a right off - still have 4years to pay......help me get out of it please.

prowla

gomer wrote: »

If the OP was too close to brake in time then it doesn't really matter if the light worked or not, and bare in mind we do only have thier word for it that the bus lights didn't work & if they were that close that they were practically up the bus's backside then could they even see the lights if they did work?

It's all speculation unfortunately. None of us were there & if i were in the OP's current position then i'd probably say the bus lights didn't work as well.

Of course none of this has taken into account the fact that busses do not even leave the depot in the morning until all the lights have been fully checked anyway.

Oh gawd, I've got to carry on now...
It's bear in mind, not bare.
(I'll let you off for thier, as it's obviously a typo.)

prowla

Aspiring wrote: »

I could go out and check all the lights on my vehicle and see they are working. I could drive a few feet away from home and a fuse could go, a bulb could go and I would be none the wiser: that's how they could not be, even if they were checked at the beginning of a journey.

My car has a warning light to tell me if a bulb has gone, and I carry spare bulbs in the car with me (I'm not sure about here, but it is law on the continent to do so).

mellie9525 wrote: »

Were you offered a GAP (Guaranteed Asset Protection) policy or an RTI (Return To Invoice) or a Finance GAP policy by Welcome Finance? These are policies that would have been a financial cost to you. But they would have either paid out in the event of a write off back to the invoice price or paid off your finance.

Did welcome finance explain this clearly when completeing the FSA (Financial Services Authority) demands and needs statement with you at the time of purchase?? have a look at the documentation you signed and recieved at the time of purchase. If you have not recieved anything or were not offered any i would suggest you contact your local CAB (Citizens Advice Bureau) with reference to bringing this matter to light or even making a complaint to the FSA.

Actually, that may be good advice.

aj2703 wrote: »

Ok you got me on that, but then if you totalled your car into the back of a bus,(regardless of whose fault it was) then i think the police would have been called. Company procedure for the bus company would be that for insurance purposes surely..?. If it were me i certainly would have called them.

Don't the police only attend if there is an injury or if it is blocking the road?

eyeinthesky wrote: »

OP, are you sure that the car is a total loss? Perhaps a second opinion would be helpful, I wouldn't want to give up too easily on a £6k car. Even if it cost £1k to get it back on the road, you would still have a £6k car and only be losing the repair costs. I can almost guarantee that the car will not be going to the crusher, but some dealer will buy it and put it back on the road. I am just a little doubtful that your car could be a write-off by running into the back of a bus. I am assuming here that you were in a built-up area, and not travelling at warp speed?

Again, good advice - better to be an extra 2k out of pocket than 6k.
Also, did it have a body kit on it? Insurance companies hate that, and that could be the reason for the write-off.

eyeinthesky wrote: »

Regarding the bus brake lights not working, this seems to me to be a reasonable defence. The purpose of brake lights is to give other road users a warning that the vehicle is slowing or stopping. A driver following, on seeing the lights, has to have thinking time and reaction time so he can brake and avoid a collision. This is where the 2 second rule comes into play. If the lights are not working, then the time to react is compromised, and even at slow speeds can cause a collision. I note that you say they will claim you were following too closely, but how can they substantiate this? I still feel that you can mitigate your responsibility somewhat for this collision, because the driver of the bus is at fault for driving a vehicle without working brake lights.

I don't think that would hold up in court at all; you have to leave a fair distance. What if the vehicle in front had crashed into a bollard and stopped dead? What if its engine had conked out? What if the driver had down=shifted but not braked? It's up to you to keep your distance.

Zebradome

I actually feel sorry for the OP who has hopefully learned a valuable but expensive lesson. I have actually read all the posts and hope I don't make any spelling mistakes as I haven't had the same education as some of you obviously had.

However - my point is - at least the OP had insurance unlike some of the idiots who are running about on the roads these days who don't take any out because of the cost, or their prior driving history.

Also - can the OP cancel his/her insurance now since they no longer have the car, and claim back the remaining months, and if the car is to be scrapped, then they will be due a refund on the tax disc too - another few £££ to pay off the finance.

Good luck OP - Is that advice more along the lines you are looking for?

~Brock~

mellie9525 wrote: »

Were you offered a GAP (Guaranteed Asset Protection) policy or an RTI (Return To Invoice) or a Finance GAP policy by Welcome Finance? These are policies that would have been a financial cost to you. But they would have either paid out in the event of a write off back to the invoice price or paid off your finance.

Did welcome finance explain this clearly when completeing the FSA (Financial Services Authority) demands and needs statement with you at the time of purchase?? have a look at the documentation you signed and recieved at the time of purchase. If you have not recieved anything or were not offered any i would suggest you contact your local CAB (Citizens Advice Bureau) with reference to bringing this matter to light or even making a complaint to the FSA.

prowla wrote: »

Actually, that may be good advice.

On the contrary - that is bad advice.

1. GAP will only pay out if the policyholder has fully comp insurance in place. I mentioned this in post#18

2. Whether it was sold or not (and there is no requirement to provide it) is irrelevant and cannot be used as a way of worming out of the agreement.

3. The FSA do not handle individual complaints from the public, the FOS do.

4. What would the complaint be about?

a)" I wish to make a complaint about this GAP policy, bought not 'arf an hour ago from this very boutique." "what's wrong with it?" "I'll tell you what's wrong with it my lad....it's dead, that's what's wrong with it"........"yeah well that's because you tried to save a few quid by skimping on the level of motor insurance cover you opted for, even though the terms of your agreement clearly state that you should have had fully comp cover."

OR

b) Afternoon squire, I wish to make a complaint about the fact that I wasn't sold GAP insurance when I bought my car. Although it would have been useless to me anyway because I didn't fulfil the policy terms and conditions, I object strongly to not having to pay for it anyway and wish the balance of my loan to be increased accordingly.

In other words, don't start trying to point the blame for this situation onto somebody else..........look where your other three fingers are pointing.

Oh, and finally, AJ / Aspiring................get a room puurrrlllleassse

LilacPixie

I think you need to tell welcome the car is a write off. usually when a car is written off the insurance company sell it on depending on damage at cut price when someone will repair it and then either use or sell on. Technically OP you are only the keeper of the car and Welcome are the owners.

You will need to pay welcome in full, I would suggest you consider obtaining finance elsewhere to do so a i would imagine the welcome apr to be totally crippling. Save £500 ish quid, buy a little 1.1 saxo if a car is such a desperation. Bell direct just insured my 17 YO sister passed her test in March fully comp for £700. Really there is absolutly no need in a £6k car especially if you have a heavilly scarred driving or claim history.

Apples2

Here you go OP.

I've found you some new wheels for the next 5yrs

lifesuckssometimes

Apples2 wrote: »

Here you go OP.

I've found you some new wheels for the next 5yrs

Helpful reply.
I wish you the same fate as OP

cyril82

aj2703 wrote: »

I am sorry i can't even see your earlier post, my first post is number 30 your post number is..?

i cant be bothered to tell you to be honest ....if your going to make a comment about everyone who posted a comment here you should really know, since surely you read everyones posts before taring us all with the same brush?

notomonkeys

have a car perchased on a Higher Puchase Finance Loan Agreement with Welcome car Finance and as the car was £6k + when I bought it in October 08 I couldn't afford to cover it fully comp as 3rd party is already costing £1400 (a few indiscretions on the road and i'm only 21)

The car was totalled last week and I realised what a naff situation I now have myself in and unless I can break the agreement I have to pay the remaining amount off as the insurance clearly will not cover it.

I just can't afford to do this and need a car to get to my job that starts before public transport runs.

I am afraid to speak with Welcome incase they get heavy handed - in the past they have been very severe. Do you think there is any way of avoiding paying the remaining amount on a car i don't have? Or to get welcome to give me a new one so that i still have a car and carry the payments on?

I've had dealings in the past with Welcome, and can guarantee for a fact that the HP contract requires the car to be fully comp at all times. you wouldn't even have got it off the forecourt otherwise!
You have broken the HP agreement.
You have therefore no recourse other than to pay off the HP.
This is irrespective of who was at fault in your accident.
The car itself may still be repairable, or worth something (scrap wise) although i'm sure you won't be allowed to do that without welcomes permission.
best advice i can give is try and get an alternative form of transport in the short term.

good luck.

prowla

~Brock~ wrote: »

On the contrary - that is bad advice.

1. GAP will only pay out if the policyholder has fully comp insurance in place. I mentioned this in post#18

2. Whether it was sold or not (and there is no requirement to provide it) is irrelevant and cannot be used as a way of worming out of the agreement.

3. The FSA do not handle individual complaints from the public, the FOS do.

4. What would the complaint be about?

a)" I wish to make a complaint about this GAP policy, bought not 'arf an hour ago from this very boutique." "what's wrong with it?" "I'll tell you what's wrong with it my lad....it's dead, that's what's wrong with it"........"yeah well that's because you tried to save a few quid by skimping on the level of motor insurance cover you opted for, even though the terms of your agreement clearly state that you should have had fully comp cover."

OR

b) Afternoon squire, I wish to make a complaint about the fact that I wasn't sold GAP insurance when I bought my car. Although it would have been useless to me anyway because I didn't fulfil the policy terms and conditions, I object strongly to not having to pay for it anyway and wish the balance of my loan to be increased accordingly.

In other words, don't start trying to point the blame for this situation onto somebody else..........look where your other three fingers are pointing.

Oh, and finally, AJ / Aspiring................get a room puurrrlllleassse

OTOH, I think you're right, so it may be bad advice...:o