My car has been written off. Do I still own it?

slaptastical

My car was involved in an accident that wasn't my fault and has been written off.
The other party has claimed full responsibility and wants to settle outside of insurance. They have given me an offer but as part of that offer they want to keep my written off car (the other party who wrote off my car happen to be a garage).

Am I correct in thinking that if we settle outside of insurance then I am still the legal owner of the car, regardless of where the car is or what condition it's in? And this is because it does not become property of the insurance companies because they are not involved.
If I'm the legal owner still I could sell the car for salvage and reclaim some value on it as well as accepting an offer from the other party directly.

Thanks for any advice.

tasticz

uhh, you can possibly buy it back at salvage value which is around £120 or so

but this is a difficult situation as insurance isn't involved why not just ask them to add the salvage value to the price they are offering

if they write off the car it should technically become theirs as they paid you the value of the car pre-accident

slaptastical

Thanks for the reply, but who exactly would I be buying it back from, as there are no insurers involved surely the car is still mine?

FlameCloud

slaptastical wrote: »

My car was involved in an accident that wasn't my fault and has been written off.
The other party has claimed full responsibility and wants to settle outside of insurance. They have given me an offer but as part of that offer they want to keep my written off car (the other party who wrote off my car happen to be a garage).

Am I correct in thinking that if we settle outside of insurance then I am still the legal owner of the car, regardless of where the car is or what condition it's in? And this is because it does not become property of the insurance companies because they are not involved.
If I'm the legal owner still I could sell the car for salvage and reclaim some value on it as well as accepting an offer from the other party directly.

Thanks for any advice.

How are they writing it off without an insurer present? The third party is making you an offer to settle privately. If you don't like the offer, you either negotiate upwards, issue court proceedings or go through the insurers.

tasticz

slaptastical wrote: »

Thanks for the reply, but who exactly would I be buying it back from, as there are no insurers involved surely the car is still mine?

sorry i edited the post abov

but as for as i know once they pay you the write off value, the car becomes their property its like insurance taking your car from you they are technically acting as an insurer and paying you even though they are a third party as neither of you want to get insurance involved so you either accept their valuation, ask for more, or get insurance involved

PasturesNew

If somebody's smashed into your car, said "it's my fault, I'll pay", then given you a pile of cash, then yes the car is still yours.

slaptastical

PasturesNew - this is what I thought, the car is legally still mine. I should have the option of accepting an offer from them and still being able to sell my written off car for scrap.

Tasticz - even if the 3rd party pay me the value of the car I don't see how it can become theirs as they are not an insurance company, just a garage/breakdown company.

forgotmyname

As long as you make it clear that your accepting their offer as long as you get to keep the car.

Or just ask for £120 more than they are offering and let them dispose of it.

How badly damaged is it? How will you move it away from where it is now? They could say yes her is ££££ and the cars still yours. Then charge £50 a day storage.

rs65

Whether you keep the scrap or it becomes theirs is simply down to you and them to agree. There is no rule as you are just coming to an agreement between yourselves.

I would be a bit concerned that if they keep it, a write off may end up back on the road without being registered as a write off.

Aretnap

PasturesNew wrote: »

If somebody's smashed into your car, said "it's my fault, I'll pay", then given you a pile of cash, then yes the car is still yours.

But if they say "I'll pay X, if I can have what's left of the car" then if you accept the offer the car becomes theirs. If you don't like that, you suggest an alternative arrangement and see if they agree.

You're entitled to be put back in the position you were in before the accident, which means either getting the full market value of your car but giving up the salvage rights, or getting the market value less the scrap value, and keeping the car for salvage. You're not entitled to the full market value AND the scrap value, as then you'd be better off than you were before the accident. Of course you can ask for it, but if they say no there's nothing you can do to force them to give you it.

slaptastical

I paid £4000 for my car 6 months ago and it has a very low mileage. The back end is done in enough to call it a write off, but everything else is fine. I've been given a guaranteed quote from a company of £600 as salvage and that includes the car being collected, which is why I'm keen to come to an agreement where I keep the car, (unless they increase their offer) but also why the 3rd party probably want it, as there is still value in it.

Aretnap - surely what I am or am not entitled to only applies in the case of insurance getting involved. Outside of insurance it's between me and the 3rd party what we agree on.