can i repair a car before insurance inspection (own fault accident)

T.T.D

AdrianC said:

T.T.D said:

AdrianC said:

Yes, if your claiming from YOUR policy, then in claiming you delegate all decisions to the insurer.

Erm NO! 

Your telling me that by merely taking out an insurance policy i forfeit ownership in the event of a claim?

No, that's not what I said...

But even IF you claim, and IF the insurer deem it a write-off, you don't FORFEIT it. They buy it off you for the market value. That's the very definition of a write-off.

You want a reference? Read your policy Ts & Cs.

Of course you're free to withdraw the claim... and sit there with a bent car and not a penny from the insurer towards it.

T&C’s are not law and are adapting routinely as per changes based in law or ombudsman’s rulings.

You seem to under the illusion that by starting a claim or even accepting an initial offer of payment that an insurer can make you take it in exchange for the vehicle, or similar, because once you take a policy out you delegate all decisions to them upon a claim.

If the car is inspected and deemed not economically repairable and write it off and they offer a cheque you do not forfeit your car automatically, you simply refuse the cheque, withdraw the claim, will it still be a write off, yes of-course but the insurers can NEVER force you to hand over the keys, the must respect your decision not the other way round!

In the event of a claim you instruct them to work in your best interests, but you never delegate all decision making powers to them, this would in effect be called a Lasting Power Of Attorney which an insurer could never become due to conflict of interests, and legal ramifications, and even then, they couldn’t act outside of what you wouldn’t normally do yourself, as they don’t know what you would normally do or decide, there would be huge issues with an insurer taking this position (they usually get a good telling off by the ombudsman and have to pay out some money), they act on your behalf with regards to the legal aspects of who is at fault, and then defend both of your when the whiplash claims come rolling in but you never have decision making powers removed from you and then delegated in regards to your own property.

There would also be a legal issue surrounding clauses that would put a claim on the policy requiring the policy holder to forfeit his decision making powers and lose his vehicle upon a claim or offer of final settlement and duly bound to accept payment under this clause. 

My policy states nothing of the sort. I want you to provide this to me so I can see where a policy turns into a lasting power of attorney to deal with decision’s, finance’s and property upon claim or during the claim process or offer of a final settlement payment, even if a cheque is accepted by the OP until it is cashed it is not deemed “accepted”.  If he wanted it back he could but he’d be liable for the costs incurred by the insurer in processing, recovery, storage etc insurers usually hold vehicles before auctioning them or disposing of them for one of these reasons. 

Quite simply, the OP is owner of the vehicle, no one in the world can force him to take payment, in exchange for his vehicle or other when he claims from HIS or Someone else’s policy.

If he looks in his terms and conditions he May find:

He has options to either take payment and they take the car.

He takes payment and buy back the car.

He takes neither and has a paper weight and pay out of his own pocket for his own mistake.

He is welcome to photo it in situ, then strip it down himself, keep the parts and photo any hidden damage, at this point he can decide if he want the insurers to continue with the assessment phase and write it off if that is the OP’s intention, or if he sees no damage structurally such as kinks in the chassis legs, pulled out suspension mount locations then buying a radiator support and accessories surrounding it at low costs he is free to cancel the claim and assessment and continue on driving it around.

prowla

If they write the car off, you may be able to buy it back.

AdrianC

T.T.D said:

AdrianC said:

Of course you're free to withdraw the claim... and sit there with a bent car and not a penny from the insurer towards it.

If the car is inspected and deemed not economically repairable and write it off and they offer a cheque you do not forfeit your car automatically, you simply refuse the cheque, withdraw the claim, will it still be a write off, yes of-course but the insurers can NEVER force you to hand over the keys, the must respect your decision not the other way round!

Have you considered reading posts before replying to them?

But, no, if you withdraw the claim the car will not be a write-off. Because the insurer will not have paid the value instead of repairing it. It will just be a bent car that wasn't claimed on.

Unless the claim has progressed far enough for the car to be categorised... Then it's just arguing the value, and that will end up with the FOS.
https://www.financial-ombudsman.org.uk/businesses/complaints-deal/insurance/motor-insurance/vehicle-valuations-write-offs

Insurers do not HAVE to offer buy-back. Some routinely do for low-value CatN. Some may for CatS. Some never do.

themorganator4

UPDATE:

Turns out all I needed to do was tell my insurance company I did not want to claim for damage to my own vehicle, they were fine with it, granted I don't get a pay-out but I established that it was easier this way as:

1. a cat N write off would significantly reduce resale value and a cat S write off will cause me a headache with DVLA inspection etc etc.

2. I would have to get another MOT on the car before it was legal to drive, making picking it up from the repairers a PITA.

3. insurance is cancelled on pay-out meaning I will have to get the car insured after repair and as I have no private property to store it, this would be a pain and considering my renewal isn't until April 2022 I lose out, even more so as my premium will be higher and

4. minus excess, I would only get about 300 quid or so. 

AdrianC

themorganator4 said:

1. a cat N write off would significantly reduce resale value

If it's a low-value car, then not by much.

and a cat S write off will cause me a headache with DVLA inspection etc etc.

No, no inspection required. The Vehicle Identity Check (VIC) was discontinued in 2016.

2. I would have to get another MOT on the car before it was legal to drive, making picking it up from the repairers a PITA.

No, you wouldn't. A write off does not cancel your existing MOT. It remains valid until expiry date.

T.T.D

AdrianC said:

T.T.D said:

AdrianC said:

Of course you're free to withdraw the claim... and sit there with a bent car and not a penny from the insurer towards it.

If the car is inspected and deemed not economically repairable and write it off and they offer a cheque you do not forfeit your car automatically, you simply refuse the cheque, withdraw the claim, will it still be a write off, yes of-course but the insurers can NEVER force you to hand over the keys, the must respect your decision not the other way round!

Have you considered reading posts before replying to them?

But, no, if you withdraw the claim the car will not be a write-off. Because the insurer will not have paid the value instead of repairing it. It will just be a bent car that wasn't claimed on.

Unless the claim has progressed far enough for the car to be categorised... Then it's just arguing the value, and that will end up with the FOS.
https://www.financial-ombudsman.org.uk/businesses/complaints-deal/insurance/motor-insurance/vehicle-valuations-write-offs

Insurers do not HAVE to offer buy-back. Some routinely do for low-value CatN. Some may for CatS. Some never do.

Have I considered reading posts before replying to them?

So……I SAID: If the car is inspected and deemed not economically repairable and write it off and they offer a cheque you do not forfeit your car automatically, you simply refuse the cheque, withdraw the claim, will it still be a write off, yes of-course but the insurers can NEVER force you to hand over the keys, the must respect your decision not the other way round!

Then you say: 
Unless the claim has progressed far enough for the car to be categorised... Then it's just arguing the value, and that will end up with the FOS.

In my theory above sir it quit strongly implies to any laymen that by the stage it is written off, it has been classified as a write off, you can’t change it then,  but that is not the issue, I’m referring to your implication that you can be forced to hand the car over for their cash offer. I am still waiting for the evidence you’ve failed to provide me because I cannot find nothing of the sort, even after request for this you post no link but your capable to provide a swift link to the ombudsman to prove a point not worth making. if I am wrong about being forced to hand keys over to insures upon demand of their cheque offer I will whole heartedly apologise and admit I am wrong.

Can an insurer force you to take the cash and they keep the car? 

Answer is fundamentally no!