Jump to content
Sign in to follow this  
JR45

Legal question : salvage after write-off

Recommended Posts

JR45

Good afternoon everyone - I'm looking for advice from someone who knows about these things.
Long story short... Our car was involved in an accident just before Christmas. Transit Van 1, Fiat Panda Nil. The back end was pretty wrecked. We had the car recovered to our local (trusted) garage. It was taken from there, without or knowledge or consent, by a certain salvage company. They assessed the car on behalf of the insurance company and valued it at about half what we think it should be worth. Now, I know everyone thinks insurance valuations are lower than they should be, but they had a lot of the technical information wrong, valued it as a manual when it is automatic, didn't take into account the very low mileage or excellent condition (only 17,000 miles from new) and offered less than the We Buy Any Car valuation. All of this is the subject of an ongoing complaint to the insurance company.
Now - Here is the part I need advice on - The car is currently advertised for sale on this company's auction website. As I understand it, as we haven't accepted a final offer for the total loss yet (the insurance company haven't actually confirmed officially that the car is a total loss yet) the car still legally belongs to us. That being the case, they are trying to sell something that doesn't belong to them - which must surely be illegal? Can anyone confirm this one way or the other?
Many thanks...

Share this post


Link to post
Share on other sites
kiran_182

Untill youve accepted a payout sum from the insurance it should still be yours but if youve begun the process of making a claim they may have decided that you will recieve a sum shortly in the future and the car will become their property and are selling it off before its value goes down and storage cost go up

 

People have bought the car back from the insurance company in the past

Share this post


Link to post
Share on other sites
Dean

Hi @JR45,
I've just personally gone through this, but not to that extent. I know what garages are like and insisted that they SEND someone out to me and assess the car there. This way the car is on the drive (if you have one) and no one can touch or move it. I had every intention of keeping the car hence the asking for someone to view it. I was given a value and then asked if I would be keeping the car, I said yes and the price was adjusted. I then got a call from my insurance clarifying all the info; I accepted the amount offered, I accepted to keep the car. They will usually email your or give it to you in writing, or maybe just verbal.

 

While the insurance has it, they've in charge of it but you should still have to log book and V5 in your name. This only indicates that you're the registered keeper, but the insurance will call you. It doesn't get auctioned unless you agree. You still own the car until you agree the deal with the insurers so you can ask to keep it at an agreed price which will depend on what it is, the extent of damage and what category it falls into. UNTIL THEN, THE CAR IS STILL LEGALLY YOURS!

 

If I was you, I'd get straight on the phone to them and demand to speak to the supervisor (or someone even higher), remember each call is recorded and you can request these in order to fight a case. I'd also find the garage/auction place and speak to the manager and not take any shit from them. Nothing has been cleared/agreed/finalised.

 

For further information speak to someone from Citizens Advice, they might be able to help or put you in touch with someone who can clarify.

  • Like 1

Share this post


Link to post
Share on other sites
JR45

We checked with the FOS, and the wording on our insurance paperwork - and sent out a couple of snot-a-grams.

Surprise, surprise - after telling the salvage company (and the insurance company) that we knew what they were doing was illegal, the car has disappeared off the auction website...

Share this post


Link to post
Share on other sites
kiran_182

Have you reported this fraud to the police? 

 

Would make for an interesting call to the insurance to let them know, afterall they stole your car from the garage

Share this post


Link to post
Share on other sites
JR45
On ‎13‎/‎03‎/‎2019 at 16:41, kiran_182 said:

Have you reported this fraud to the police? 

 

Would make for an interesting call to the insurance to let them know, afterall they stole your car from the garage

The car disappeared off the auction site pretty soon after we told the insurers and the salvage company that we knew what they were doing was illegal.

The saga continues...

Share this post


Link to post
Share on other sites
kiran_182

The auction house were in reciept of stolen goods, have they agreed a sum to settle the matter?

Edited by kiran_182

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  

  • Recently Browsing   0 members

    No registered users viewing this page.

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue. Terms of Use Privacy Policy Guidelines