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Garage wrote my car off! :(

124

Comments

  • dacouch
    dacouch Posts: 21,636 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 25 September 2014 at 5:08AM
    nobbysn*ts wrote: »
    Tell him you accept his offer to buy you an identical car, with a new cam belt, delivered to your door. And it must, indeed, be identical. Obviously that'll be his 'part 36' offer that 'insideinsurance' insists must be genuine when it comes to it. ;)

    They can just pay him the value of the car, you cannot make them replace the car or source you a replacement.

    You're repeating an urban myth.
  • But there is the problem.. a 3rd party insurer cannot write off your car hence they're in a slightly sticky situation.

    The only insurers that can write off someones vehicle is the insurers who are insuring it.

    If I get hit by someone else and make a claim against them / their insurer, that insurance company cannot seize my vehicle - thats theft. They can offer to payout on it and take it but they cannot force that upon me and thus they cannot write it off.

    :eek:

    So what happened to the 200+ third party cars I wrote off when I was a claims handler?? Or probably the 200,000 or so my employer wrote off in that timescale?

    Who's saying anything about seizing a vehicle? Your car is uneconomical to repair we will write it off. You want to keep whats left of it? Thats fine we will pay you market value net of salvage value. You want to surrender whats left of it to us then we will simply pay you market value. This is all a negotiation and no one is "seizing" anything. Yes, we'd prefer to get the car because the more business we put through the salvage company the better rates we get but nether for a PH or TP would we seize anything.

    Of cause if its a Cat A or Cat B total loss we have to inform them that it cannot be put back on the road and need to go to someone with the appropriate breakers license. With a PH we may be more insistent in these cases but still not going to seize anything, we arent the police or bailiffs.

    I really wonder where the hell some people get their information from.
  • colino
    colino Posts: 5,059 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    II, I fear the other argument has let your logic drift somewhat. When dealing with third party claims, and when they agreed to your settlement, you may well have written off a whole host of cars, as on settlement they became your companies goods. You cannot however write off a car that you don't directly insure, or, "buy-in" by settling with the claimant. If they don't accept your offer or dispute it, you can't write it off or put it on the register.
  • colino wrote: »
    You cannot however write off a car that you don't directly insure, or, "buy-in" by settling with the claimant. If they don't accept your offer or dispute it, you can't write it off or put it on the register.

    Please provide any evidence to support the above as its a new one on me and we would total loss a vehicle and load it to MIAFTR even if we hadnt agreed the settlement value with the TP yet but it was a clear cut total loss and we were liable.

    I dont recall any cases of cat A-C where the TP subsequently decided to withdraw the claim and thus no settlement was ever paid (though many cases where the argument over what the settlement should be went on for months). Cat D where the total loss is more borderline we may hang fire on for a short while to get a TP response.

    Obviously as soon as our engineers had set the value (or agreed with the value from the independent engineer if the TP was going through credit hire/repairs or ambulance chasers) then a cheque or BACS was done for that value with the instruction for it to be banked as interim basis if they intend to dispute the valuation. Normally this then terminates hire 7 days later.
  • colino
    colino Posts: 5,059 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Nice try II, if you don't directly insure it or have effectively bought it in by paying out the third party, an insurance company (with no ownership of that vehicle or contractual relationship with the owner) can't write a car off or put it on the register. By all means keep on blustering looking for evidence and case law while relying on your own opinion, honestly, it really works.
  • :rotfl:
    colino wrote: »
    Nice try II, if you don't directly insure it or have effectively bought it in by paying out the third party, an insurance company (with no ownership of that vehicle or contractual relationship with the owner) can't write a car off or put it on the register.

    :rotfl:

    Love the way you can only repeat yourself, the first sign of someone who doesnt know what they are talking about.
  • bod1467
    bod1467 Posts: 15,214 Forumite
    It could also be a sign that what they said was correct, and so didn't need changing but just reiterated. ;)

    (I have no idea WHO is correct here, just offering an alternative scenario). :)
  • bod1467 wrote: »
    It could also be a sign that what they said was correct, and so didn't need changing but just reiterated. ;)

    (I have no idea WHO is correct here, just offering an alternative scenario). :)

    Normally, if you know what you are talking about in a discussion you would elaborate your point and/ or provide evidence to support it rather than repeat it parrot fashion.... at least in my experience.
    The sky is purple!
    Why do you think the sky is purple?
    The sky is purple!!
  • colino
    colino Posts: 5,059 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Not to add any further to the topic drift II, but you are wrong and you (should) know it. Or perhaps you were part of the layer of, "management" that Direct Line scythed out and made redundant when they realised they took no valid decisions, added no value to the business and were not missed when removed?
    Perhaps a new career in property beckons? You could drive around all day in your car condemning properties and hoping someone will take notice of your opinion?
  • colino wrote: »
    Not to add any further to the topic drift II, but you are wrong and you (should) know it. Or perhaps you were part of the layer of, "management" that Direct Line scythed out and made redundant when they realised they took no valid decisions, added no value to the business and were not missed when removed?
    Perhaps a new career in property beckons? You could drive around all day in your car condemning properties and hoping someone will take notice of your opinion?

    Afraid not, was never management in claims with Direct Line or anyone else for that matter. Grunt on the coal face I'm sorry.
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