right to cherished stolen recovered vehicle

spitfire2

I am gravely concerned finding out a much loved and cherished classic motorcycle I owned is now residing with someone else. I have been told this is a consumer matter. I have never had closure. I ask why would someone with third party insurance only stand a better chance of recovery of a stolen recovered vehicle from the police, over someone with a more expensive comprehensive policy?.

As have I found to my disatisfaction. Because I had a much loved Triumph motorbike stolen in 2004 after 21 years of proud ownerrship. I discovered on thursday on the DVLA website the vehicle still exists and is on a statutory off road notifaction untill the 1st of April 2011. Suggesting the bike is registered with someone else.It is on the same registration and has the same colour.

You can appreciate I have never given up hope for the return of the bike. Because If I had seen the bike in the intervening years I would have tried to get it back from who was holding it. The real misery is now knowing the bike never left the county after the theft. Suggesting someone I probably know has remained very tight lipped.

I have enquired to the insurance company and the police why I was never notified by the police or insurance company as my bike had been recovered in October 2008. I have since learned upto 3 years after the theft I would still be regarded as the registered keeper by the police. It would appear that the bike was kept harboured under wraps for at least 3 years therby absolving me to state a claim?

I have also learned prosecutions have been made, at this moment I am waiting on a response from Data protection under the freedom of information act? Again would I be entitled to compensation? It certainly feels like I have been deceived given the uniqueness and desirability of the bike.

By not being given the option of buying the bike back form the insurers on a first refusal basis which is what I envisaged in any event. Because what is the point of a comprehensive policy. If you lose the right to the slavage after a claim? It has always been about the artifact not the money payment Also the police ought to have been forthcoming. It feels like ive been robbed twice.

Justice does not feel to have been done in my case and I wonder wether I have any further basis to pursue this matter?

hartcjhart

sorry but you have been bug6ered

Hintza

No idea sorry but good luck. Keep us informed please.

Would specialist classic insurance have helped? Is there no case law? I can't imagine the owner of say a valuable painting being told tough if it is recovered years later.

shaun_from_Africa

I have since learned upto 3 years after the theft I would still be regarded as the registered keeper by the police

But after the insurance company had paid out, they would then have become the legal owner of the bike, and as such, could apply to the DVLA to become the new registered keeper.

By not being given the option of buying the bike back form the insurers on a first refusal basis which is what I envisaged in any event. Because what is the point of a comprehensive policy.

It would have been nice of the insurance Co to have offered to sell the recovered bike to you, but as they were the lawful owners, they weren't under any legal obligation to do so.
The purpose of any theft insurance is to ensure that you receive the value of the goods if they are stolen. A comprensive policy simply adds a bit more protection in case any accident is your fault.

I can't imagine the owner of say a valuable painting being told tough if it is recovered years later.

But if the painting was recovered, the rightful owner would be the insurance company who paid out for the original loss.

Mark_Hewitt

Did your insurance company pay out? You mention Third-party and comprehensive but don't say which of them you have/had.

If the ins. company have paid out then they are then the legal owners of the bike. The registered keeper is a red herring here as it says nothing about legal ownership.

If the bike was then recovered it's the insurance company who would then take it and sell it on. Granted, it would have been nice of them to let you know they have it and allow you to buy it back from them, but they don't have to do that.