car recovered - big bill - not pay?

mwl1982

My wife had a 50/50 crash on country lane driving my car. She is covered for third party damage. After the accident she was taken to hospital for a check over. The police arranged for recovery of the vehicle. My wife didn't sign anything. The police gave us a number of the recovery agent used. We called them and were told we have to pay £250 + five days storage at £20 a day + £75 if we want to scrap the car. This is not covered by our insurance as she was driving my car and I don't wan't to claim on my insurance.

The car is a write off as far as I am concerned. Do I have to pay this recovery agent if i no longer need the car? Can I just tell them no. Was a contract formed when they collected the car. Would they try and take me to court. As my wife did not call them and did not sign anything I do not see how they have any legal rights.

Does anyone know.

Thanks in advance,

scheming_gypsy

You either need to pay it or tell them you don't want the car back and they may buy it off to for the cost / towards the cost.
They were instructed to recover the car by the police so there's their legal right

vaio

I’m pretty sure that if the car was dangerous or causing an obstruction then the police are obliged to arrange removal and the owner is obliged to pay for it.

On the brighter side, if it was a 50/50 liability then the other side will pay for 50% of the recovery & storage charges.

Similarly, the other side will also pay 50% of the repair/write off value, any injuries your wife suffered and any other associated costs.

Probably the best advice is to contact the other insurance company to discuss the best way forward as it’s in everybody’s interest to get it shifted from the storage yard as soon as possible.

Wyndham

Why don't you want to claim on your insurance? Surely that would be the way to get someone else to pay the bill?

Hintza

vaio wrote: »

Similarly, the other side will also pay 50% of the repair/write off value, any injuries your wife suffered and any other associated costs.

I thought if it was deemed 50:50 then you took care of your own costs? I'm surprised by your answer vaio, have I been wrong in my thinking all these years?

OP who decided it was 50:50? If your wife feel it was there is a good chance the other party might not agree and you might get a claim via their insurer.

vaio

I think so, you might be thinking of the old “knock for knock” in which each insurer took care of the car they had covered. Obviously this is great for companies that have a lot of TP only business on their books but leaves the companies with lots of fully comp on the books at a disadvantage.

These days the costs are worked out as normal and then the insurance companies split it according to the liability split.

So if me and you had a 50/50 accident, my insurance would pay 50% of your car damage/PI/consequential costs and your insurance (or you) would pay the other 50%. Similarly your insurance would pay 50% of my costs and I (or my insurance) would pick up the other 50%.

thenudeone

I have little doubt that the recovery company would be able to claim the cost of recovery, possibly claiming that they were an "agent of necessity".

I'm not sure if third part cover would pay for the recovery of the insured vehicle in these circumstances.

But there will probably be a claim anyway. The hospital will probably make a claim against the insurer in due course, to recover their costs (which they can do regardless of blame) so unless you want to pay that yourself as well, I don't think it's worth avoiding the insurance company paying out.

s_b

the recovery company will rack the charges
take note settle with them soonest

slykatrinah

Tough 1. i don't think its fair that you have to pay the agent when had he given you the option you wouldn't have required the service given. but then again its not a fair world.

All the best!

mwl1982

Thanks for the replies.

Rikki

If your wife is not on your insurance policy and will only be insured on her own policy to drive your third party you will have to pay the tow truck company charges.

If she a named driver on your policy? If so you will need to go through your own insurance.