So who's debt is it?

tfspark

Last October my 22 year old daughter was killed in a road traffic accident. The other person involved was seriously injured.

There has been a lengthy police investigation and by all accounts my daughter will be blamed. We have to attend the corners inquest next Tuesday.

She was properly insured, TPF & T, and had legal protection as well.
After the accident her car was taken to a local garage where it was kept so it could be examined by police, insurance assesors etc.

On 6th July our family liason officer rang me to say that all investigations had been completed and the car would be released on the 7th.
Later that day I spoke to her insurance broker, claims dept, and explained the situation with the car. I advised them that they needed to pass the information to my daughters insurance company so that they could make arrangements to dispose of the car.

From the 7th July storage charges will apply.

I had a call from our FLO today to say that nothing had been done about the car and that storage costs are now £1220.

I imediately rang the broker. They have a record on their system of me ringing them on the 6th July. Whilst I hung on they rang the firm of solicitors acting on behalf of my daughter. They said that as she was TPF&T only they had no-one to claim the storage costs from so they weren't interested.
I them asked the broker who she thought was going to pay the bill. She said that I had to.
When I explained to her that I didn't think it was my debt she agreed to speak to the solicitors again. I am waiting for the return call.

So as the title of the thread says,

Who's debt do you think it is?

mattymoo

Tough as it sounds, I believe the debt lies with her estate.
The insurers would not have paid storage costs or any costs associated with your daughters car since it was only insured TPFT.
The other person involved does not appear to have been negligent so no claim against them.
Your only hope is to come to an arrangement with the garage - appeal to the managers better nature.
although nobody will ever admit to it, there is always a suggestion that insurers pay one rate, the public pays a far cheaper rate. If the garage realise there is no insurer to pay out, they might compromise on the cost.

dzug1

You, personally, are not liable for any costs whatsoever. They have to be paid out of whatever assets your daughter had by the executor of her estate. That may or may not be you - but it's not a personal liability. If there's insufficient assets to pay - tough on the garage.

Quentin

tfspark wrote: »

I them asked the broker who she thought was going to pay the bill. She said that I had to.
When I explained to her that I didn't think it was my debt she agreed to speak to the solicitors again. I am waiting for the return call.

The broker was clearly wrong, it cannot be your debt.

As mattymoo advises, the debt is down to the deceased's estate, though it may be the broker wasn't deliberately trying to mislead you - as it also is not their debt, it may have been an unfair question for her to answer authoritatively.

tfspark

Thanks for all the replies and advice. Very much appreciated in this difficult time.

It looks then that the debt belongs to the estate of my late daughter. Unfortunately for the garage there is no money in the estate. When she died she had two weeks wages (minimum wage) and very little in her bank account.
What little there was went to funeral expences.

Quentin

In these circs, then don't follow mattymoo's suggestion (re. trying to get the garage to do a deal).

Write and explain that the estate didn't cover the funeral costs, (funeral expenses always take highest priority when an estate can't cover all debts), they will just have to write this debt off.

kelloggs36

I feel incredibly sad having read this thread - I hope that you don't get hassled by the garage for this money - it isn't your debt and you have had to deal with the loss of your daughter and all the investigation etc. I wish you all the best and hope you have the chance to grieve properly now.

tfspark

kelloggs36 wrote: »

I feel incredibly sad having read this thread - I hope that you don't get hassled by the garage for this money - it isn't your debt and you have had to deal with the loss of your daughter and all the investigation etc. I wish you all the best and hope you have the chance to grieve properly now.

Thankyou for that touching post, you are very kind.

I have spoken to the garage and explained the situation. They have said that they won't chase me for the debt, but did express concern that it was a lot of money to write off.

They are sending me paperwork so that we can scrap the vehicle. I think I will write them a letter with a complete explaination. I do feel for them for not getting paid.

cattie

As a bereaved parent myself, my heart goes out to you having to deal with this on top of the tragic loss of your daughter.

How heartening to hear that the garage will write off the debt & not chase you for it. There is some compassion in the world, thankfully. You have enough to cope with without a financial problem on top of everything else.

jonesMUFCforever

Don't give the garage too much praise - can anybody tell me that a piece of metal occupying a small part of the garage area can rack up £1200+ in storage charges.
Sticking it in a 5 star hotel would cost less!
I will also bet the garage will have some sort of trade 'loss of profit' insurance policy to claim on - so don't feel too much pity for them.

Quentin

The garage have no option but to write off the debt!

And just how much of their bill was pure profit anyway?