Have you been in an accident that was not your fault ?, salvage |
Have you been in an accident that was not your fault ?, salvage |
Sat, 3 Apr 2021 - 16:57
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#1
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Member Group: Members Posts: 11 Joined: 10 Mar 2021 Member No.: 111,896 |
Somebody drove in to the back of my car whilst stationary at a set of red lights at about 40mph the car was recovered back to my home directly after the accident and has suffered structural damage
The ambulance chasers are on the case with the personal injury claim but I am having problems with the insurance Despite me sending photographs of the crash damage to the insures they still have not written it off but are keen as mustard to the salvage recovery to collet it (Copart) who want me to transfer ownership to them (part 4 on the V5) Should I wait until the claim is settled before allowing them to collect the car ? Thanks on advance for any advice |
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Sat, 3 Apr 2021 - 16:57
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Sat, 3 Apr 2021 - 17:30
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#2
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Member Group: Members Posts: 7,244 Joined: 5 Jan 2007 From: England Member No.: 9,919 |
Hmm have the ins co sent an engineer to inspect it?
Have they made you an offer of any sort yet? Whos insurers want it moved yours or the third party? It may make a difference how you approach this. Its not unusual for an ins co wanting to move to free storsge but in your case it already is! Also... What car is it? How old? Do you want to keep it even if its written off? (Depending on which cat its given) How do you know its got structural damage? Have you had a repair estimate from anyone? This post has been edited by mickR: Sat, 3 Apr 2021 - 17:25 |
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Sat, 3 Apr 2021 - 17:34
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#3
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Member Group: Members Posts: 11 Joined: 10 Mar 2021 Member No.: 111,896 |
It may be a case of the left hand not knowing what the right had is doing, I was getting at least two phone calls a day from Copart and was getting fed up with them ringing I did call my insurers and asked them to get them to stop and also told Copart the same
Both my insurers and the other side have asked for photographs of the damage and both said the assessment would be done by photographs owing to the age of the car its over ten years old and COVID The floor pan is bent in It is my insurers that want it collected no mention of any sort of monies, form anyone despite, the other sides insurance admitting liability This post has been edited by thiscantberight: Sat, 3 Apr 2021 - 17:41 |
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Sat, 3 Apr 2021 - 18:04
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#4
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Member Group: Members Posts: 3,074 Joined: 17 Nov 2015 Member No.: 80,686 |
Which insurers?
Yours of the other party? |
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Sat, 3 Apr 2021 - 18:23
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#5
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Member Group: Members Posts: 11 Joined: 10 Mar 2021 Member No.: 111,896 |
No the other party have admitted liability
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Sat, 3 Apr 2021 - 19:27
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#6
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Member Group: Members Posts: 7,244 Joined: 5 Jan 2007 From: England Member No.: 9,919 |
Can you post some pics of the damage.
Floor pan damage? Do you mean boot floor or under seats? Re my earlier question, do you want to keep the vehicle? |
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Sat, 3 Apr 2021 - 20:58
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#7
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Member Group: Members Posts: 11 Joined: 10 Mar 2021 Member No.: 111,896 |
As this is a live case I would rather not post any photos at this point, but yes I would love to keep the car
the boot is raised up, and the bumper is smashed to bits the tire well under the boot is creased in, it took one hell of a whack Its an old car but I have had it since new so can see its worth, the value of it is only £1200 but to me its worth far more the concern is they want it before they have agreed to pay me |
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Sat, 3 Apr 2021 - 21:21
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#8
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Member Group: Members Posts: 1,571 Joined: 13 May 2010 Member No.: 37,524 |
What is the mileage? Is it low mileage. i had a similar experience a few years ago, they paid well under market value for a lovely Volvo S60 with around 60-70K on the clock, next thing i knew it had been repaired and someone else is driving around in it.
DO NOT PART WITH IT UNTIL YOU HAVE BEEN PAID WHAT YOU THINK ITS WORTH. Tell the insurance company you want to buy it back. |
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Sat, 3 Apr 2021 - 21:35
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#9
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Member Group: Members Posts: 7,244 Joined: 5 Jan 2007 From: England Member No.: 9,919 |
As this is a live case I would rather not post any photos at this point, but yes I would love to keep the car the boot is raised up, and the bumper is smashed to bits the tire well under the boot is creased in, it took one hell of a whack If you want advice we need to know what we are dealing with, please post the pics, its not a murder trial The description youve given doesnt give any idea if its repairable or not. |
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Sat, 3 Apr 2021 - 21:41
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#10
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Member Group: Members Posts: 11 Joined: 10 Mar 2021 Member No.: 111,896 |
I am aware the car can be fixed, at a price. What I need two know is should I give it to them before that have made any sort of offer and the post above would suggest not so will be ringing Copart to cancel the collection
nothing like this as happened in all my years of driving so this is new to me This post has been edited by thiscantberight: Sat, 3 Apr 2021 - 21:42 |
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Sat, 3 Apr 2021 - 23:27
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#11
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Member Group: Members Posts: 7,244 Joined: 5 Jan 2007 From: England Member No.: 9,919 |
In that case do not allow your car to be taken or transfer ownership, tell your ins co you want to keep it and if they wont repair, you want a cash in lieu settlement.
Aleays remember the car is your property not the insurance companys. This post has been edited by mickR: Sat, 3 Apr 2021 - 23:28 |
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Sat, 3 Apr 2021 - 23:42
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#12
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Member Group: Members Posts: 3,306 Joined: 4 Mar 2017 Member No.: 90,659 |
The insurance company know, almost certainly correctly, that with the damage you describe most cars are write offs. A while back I was driving a Toyota Landcruiser whien some bint in a Fiat 500 reversed into it in the car park. Write off as the impact was sufficient for both cars to "crumple", despite her best protestations at the scene that the car was fine.
If you want to keep the car it is almost immaterial, the insurance company will just deduct the scrap value from your payout. Though I hate the idea, I always use accident management companies now. I find if you don't the insurance company just dick you around wasting time. If there is an AMC involved suddenly there is an incentive to hurry things up. Not ideal but if insurance companies had helpful claims departments then it wouldn't be required. I've never had an at fault accident and I don't see why I should waste my time when some moron hits me. |
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Sun, 4 Apr 2021 - 10:58
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#13
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Member Group: Members Posts: 38,007 Joined: 3 Dec 2010 Member No.: 42,618 |
I am aware the car can be fixed, at a price. What I need two know is should I give it to them before that have made any sort of offer and the post above would suggest not so will be ringing Copart to cancel the collection nothing like this as happened in all my years of driving so this is new to me Stop listening to the insurance company for a start. If they've admitted liability, you're in the driving seat and you don't have to do anything they say. Also don't use a claims management company, they're all sh*t and will rip you off (notwithstanding what notmeatloaf says, it's no easier / quicker going through a CMC than it is to deal with them directly, if you know what you're doing). Do not allow the insurance company to take the car, because at that point you've lost all bargaining power as you will have effectively agreed to whatever rubbish terms they offer. You don't need to "buy back" anything, it's your car and the insurance company cannot just acquire legal title to it. Long and the short of it is that, if the car only has a true market value of £1,200 and you're happy to accept that as settlement, all you really need to do is drop them a letter saying you'll accept £1,200 in full and final settlement. If they were to dick you around, you can use the small claims courts to recover the money. If there is anything about the car (recent modifications / repairs / whatever) that makes it worth more than the standard list price, you can demand a higher settlement but would need to substantiate your claim (say for example you'd fitted a brand new original spec engine, the car would obviously be worth more than one with an original engine but you'd need to prove you'd had the work done). This post has been edited by cp8759: Sun, 4 Apr 2021 - 10:59 -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Sun, 4 Apr 2021 - 11:40
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#14
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Member Group: Members Posts: 11 Joined: 10 Mar 2021 Member No.: 111,896 |
Thanks for all the advice ..
In December 2 x New Bridgestone tyres fitted to the front In March this year 2 x new Bridgestone tyres fitted to the back, the week before the crash had a service and MOT done all of this can be substantiated it was ready to take me in to 2022, to say I'm livid is an understatement the other side has admitted liability provided me with a courtesy car via my insurance, the other side initially started to calling me saying they wanted to settle and got me to send photos to them, when they realised I was pursuing a personal injury claim they lost interest and haven herd form them since I will never get a car like that one for its market value thanks again for the replies |
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Sun, 4 Apr 2021 - 11:49
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#15
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Member Group: Members Posts: 3,318 Joined: 17 Jun 2011 Member No.: 47,602 |
Unfortunately, tyres, servicing and MOTs are all part of routine maintenance, and simply maintain the vehicle's value rather than enhance it.
If it had bald tyres, no MOT and an incomplete service record it would be worth substantially less. |
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Sun, 4 Apr 2021 - 13:30
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#16
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Member Group: Members Posts: 38,007 Joined: 3 Dec 2010 Member No.: 42,618 |
Unfortunately, tyres, servicing and MOTs are all part of routine maintenance, and simply maintain the vehicle's value rather than enhance it. +1, that sort of thing is akin to filling the fuel tank. Enhancing the value would be something like respraying it, fitting a new engine and so on. -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Sun, 4 Apr 2021 - 17:30
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#17
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Member Group: Members Posts: 3,074 Joined: 17 Nov 2015 Member No.: 80,686 |
As above, if the other party's insurer has accepted liability you're on firm ground. Presumably your own insurer is involved? They should be beating up the other lot for any excess as well as the repair or write-off value.
It it's a £1200 car - that's what it's worth. If you can't get the same (ish) car for £1200, then it's not a £1200 car - a simple search on autotrader will tell you that. Or, find someone with a CAP guide and they'll tell you the p/x and retail values based on its previous condition, mileage (same as Parker's but the Bible in the trade). Cancel any collection until the deal is done to your (reasonable) satisfaction. They're still paying for the courtesy car so the deck is well loaded in your favour. |
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Sun, 4 Apr 2021 - 23:56
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#18
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Member Group: Members Posts: 7,244 Joined: 5 Jan 2007 From: England Member No.: 9,919 |
DO NOT PART WITH IT UNTIL YOU HAVE BEEN PAID WHAT YOU THINK ITS WORTH. Tell the insurance company you want to buy it back. Not quite, he wants to repair it, so only needs to negotiate how much cash in lieu of damage. He wont be buying it back as he owns it and the ins co never will unless he lets them take it and transfers title. Oh and ins Cos used to rate salvage value at a persentage of maket value. They routinely under value and over charge for salvage in owner retention cases. Dont accept first offer unless its substantially in your favour. This post has been edited by mickR: Sun, 4 Apr 2021 - 23:58 |
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Mon, 5 Apr 2021 - 15:27
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#19
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Member Group: Members Posts: 14 Joined: 25 Oct 2014 From: Middle England Member No.: 73,803 |
Are you no longer entitled to have your car returned to the pre-accident state ?
I fear the OP is dealing with the wrong insurance company - he should be dealing with the driver at fault's insurance (if insured). Then, I'm sure my opening line applies. I'd be asking for the car to be returned (they took it, they can bring it back). Then ask the other insurance to send an assesser round or take on my own management company to deal with it. This process will be far slower, no hire-car option automatically invoked and the OP will have the arrange repairs but may yeild the desired result. -------------------- .
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Mon, 5 Apr 2021 - 16:25
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#20
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Member Group: Members Posts: 3,074 Joined: 17 Nov 2015 Member No.: 80,686 |
Are you no longer entitled to have your car returned to the pre-accident state ? I fear the OP is dealing with the wrong insurance company - he should be dealing with the driver at fault's insurance (if insured). Then, I'm sure my opening line applies. I'd be asking for the car to be returned (they took it, they can bring it back). Then ask the other insurance to send an assesser round or take on my own management company to deal with it. This process will be far slower, no hire-car option automatically invoked and the OP will have the arrange repairs but may yeild the desired result. Disagree - he should deal with his own insco (they are his after all) and they battle it out with the 3p. I don't believe the car has gone yet. |
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