Non-fault accident having scrappage fees deducted

Jayp_lolb

Was recently knocked of my motorbike by a vehicle running a red light. Liability has been admitted by the other party but the insurance claim process using 4th dimension has been a headache & hard work. Never had to do an insurance claim so new to it. The motorbike was a Cat B write off, I've been offered a settlement figure however AXA insurance (other parties insurance) are deducting £480 from the settlement figure. I can't understand why, they are trying to say the bike is in my possession, it was hauled by the Police to the Mansfield group. I've had to cover the storage costs which I can claim back but AXA have said that I need to claim the £480 off the Mansfield group (breakers) I've never expressed an interest in wanting the motorbike and after reading some stuff online I'm led to believe that AXA should have taken 'ownership' of the bike and scrapped it themselves if they didn't want to repair it.

Can anyone shed any light on the situation, should they be deducting the scrappage costs meaning in out of pocket? Do I claim this from my personal injuries/tolt solicitor or am I at a loss and should I accept the payout with the deduction?

Any help greatly appreciated!

dacouch

It's standard practice for the scrap value to be deducted when you claim directly from the third party.

Have you asked Mansfield how much they will offer you for the salvage

Aretnap

If you claim through your own insurance policy, the terms of your policy will (usually) say that in the event of a write-off the insurer will take ownership of the vehicle, and pay you its market value. This becomes the default outcome; if you wanted to keep the remains of your bike you could ask your insurer to sell you them, but they wouldn't be obliged to agree.

With a third party claim it's the other way round. You have no contract with the third party's insurer, so the insurer has no right to take ownership of your bike and your own rights stem from liability law, not the terms of your (non-existent) policy. In liability law you are entitled compensation for the loss of value that your property has suffered - in other words the difference between what it would have sold for just before the accident, and what it would sell for just after the accident.* So if your bike has significant salvage value, the default is that it will be factored into the settlement. You can ask the insurer to buy the salvage from you, and they might agree, but they don't have to.

Obviously if you think that £480 is more than the salvage is worth then you can argue that point. As above have the breakers made you an offer?

*Incidentally this is true even if your vehicle is not a write off. In practice you are entitled to the cost of repairs - but strictly speaking this is only because in most cases the cost of repairs will be a reasonable way of measuring the loss in value that your vehicle suffered.

meadow2018

This happened to me when my car was written off.  It was picked up by a salvage company and they paid me the salvage price and the third party insurer's paid me the difference  between this and the agreed write off value.  So I received two separate payments.