[thelonestoner]

I was wondering if anyone in here could help me out with an insurance claim.

On 14th June, someone reversed into my parked car causing damage to my car. She was very kind and left a not admitting full liability. However, she failed to phone her insurance company so I made a claim to her insurance company myself for damages to my car on the 22nd June.

The lady on the phone told me it would most likely be a cat S insurance write off. She then asked me what I'd like to do with my car? She then told me that I could keep my car at no extra cost and no money would be taken from my payout. However, when they phoned me to discuss my settlement amount, we agreed on an amount and I asked about the car and was told I'd have to pay £620 in order to keep the car. I asked them if they could listen back to the phone call as that is not what I was informed when I phoned last time.

They called back after listening to the phone call and agreed that I was wrongly informed and that all they can do is apologise. I sent an email regarding the claim stating that I except their settlement amount but would like to know why they would not uphold their end of the deal regarding keeping my car.

I have now received an email from them stating that they now 'own' my car and if it doesn't get picked up by the salvage company in the next 2-3 working days, they will report it to the police as stolen!! They would also cancel my policy with them and unfortunately I won’t receive a refund!

This has obviously scared the cr*p out of me as they are already telling me I no longer own my car yet I haven't received any payment from them or signed any paperwork? I also don't have a policy with them? I honestly don't understand what they mean? Their customer crashed into my car and they (on behalf of the driver) have admitted full fault, yet I am now being told they will cancel my policy and call call the police if I don't hand "their" car in!

Is what they're saying true?

[TC1474]

They cannot threaten you with theft of your own vehicle when they do not own the vehicle, and they should understand the basic definition of theft.

I have seen this many times, hence you need to speak to CAB or a good solicitor ASAP as they can advise you of the correct route to follow and how to word everything correctly and legally putting the legal liability back on the shoulders of the insurance company.

The email they have sent you is total cr@p and as mentioned a number of time, get some proper legal advice.

[Rolebama]

My advice is to phone the Financial Services Ombudsman, and be guided by them.
020 7964 0500. I have used them in the past, and was very happy with the outcome using their advice.

[Beelzebub]

Originally Posted by Rolebama

My advice is to phone the Financial Services Ombudsman, and be guided by them.
020 7964 0500. I have used them in the past, and was very happy with the outcome using their advice.

The OP's dispute is with the 3rd party insurer, with whom he has no contract.

AIUI the FSO deal only with disputes between insurers and their customers,

They can't/won't take on cases like the OP's involving a 3rd party insurer.

[Mark07]

@Beelzebub, do you think the citizens advice bureau may be able to help?

[Rolebama]

I was very surprised by Beelzebub's comments above, and have just come off the phone with FSO. Beelzebub is quite correct and their advice is to contact CAB.
My apologies to both thelonestoner and Beelzebub.

[Beelzebub]

Originally Posted by Mark07

@Beelzebub, do you think the citizens advice bureau may be able to help?

I have no idea, but I think they may be as confused as I am now on re-reading the OP.

He was dealing with the 3rd party insurer ,but they're now threatening to cancel his policy, even although he doesn't have one.

I suspect the OP hasn't been dealing with the brightest member(s) of the team. Maybe trying to escalate it would resolve the problem.

Meantime, it can't do any harm to speak to CAB.

[TC1474]

@thelonestoner

Firstly, I am sorry to read about your misfortune.

It is normal practice for insurers to offer the original owner the salvage for a price with the balance being paid.

So if your vehicle is valued at lets say £5,000 and they offer you the salvage for £750 you will keep your car and get a cheque for £4,250.

The insurers do not own your vehicle until they have paid you, you still own the vehicle and if any theft is likely to occur it will be by the insurance company as they will be taking a vehicle to which they have no entitlement to until such time as a settlement has been agreed and they have settled the account by paying you the balance or whatever is owed.

This trick/stunt has been pulled by many insurers in the past.

As others have mentioned, Citizens Advice is a good first port of call as they can often put you in touch with a specialist solicitor who will give you a free 30 minute consultation.

The other thing you could do is go back to your own insurance company and ask to speak to a senior director as you wish to make a formal complaint about the way your case is being handled and get them involved, because as said (and this is how I read it) the third party are threatening to cancel your policy even though you are not insured with them?

They cannot do that, only your insurance can do/threaten that so speak to them as a matter of urgency.

[thelonestoner]

Originally Posted by Beelzebub

I have no idea, but I think they may be as confused as I am now on re-reading the OP.

He was dealing with the 3rd party insurer ,but they're now threatening to cancel his policy, even although he doesn't have one.

I suspect the OP hasn't been dealing with the brightest member(s) of the team. Maybe trying to escalate it would resolve the problem.

Meantime, it can't do any harm to speak to CAB.

I have been in contact with their insurance provider and they have apologised profusely on the phone. They have sent me an email letting me know in writing that they a; wrongly advised me that I could keep my car with no fee and without it effecting my payout. b; sent an email "in error" to myself telling me that they currently own my car, that they will call the police and report it stolen if I don't arrange collection with Copart. They said this email was sent in error from another agent. Even though it was signed 'motor claims team' this current email, obviously meaning it came from the same department.

For these issues, they have offered me compensation of £70.00. They are still insisting that they will not make payment to me until the car has been picked up which I am now very dubious about. I feel they may alter my settlement amount or maybe even not pay at all after they pick up my car.

The insurance company is HD by the way and the vehicle pick up company is Copart.

[TC1474]

@thelonestoner

At least part of the problem has been resolved but non the less, you can tell them (and they know) that until the account is settled and the agreed value is paid into your account, the vehicle remains your property.

They know this and they are playing you along. This i where the Insurance ombudsman will probably be happy to step in and assist you.

[thelonestoner]

@TC1474

Yes...I am glad they are admitting their faults but am unpleased with the £70 compensation. They have also told me I can keep my courtesy car for 5 days after I'm paid my settlement...this was told to me about a week ago...I am now worried that they will say this is untrue. As I said before, I am also worried about my payment as they are insisting the car is in their hands before payment is made.

I think basically I have just been let down and I need to speak to citizens advice or something...I feel I shouldn't be put out at all, seeing as they have admitted full fault by their customer crashing into my parked car. I certainly shouldn't be scared into thinking that I'm going to have the police called on me for stealing a car that belongs to me! They should be (by now) bending over backward to help me!

They said they cannot keep their end of the deal (letting me keep the car for free) as this is not their process. Surely, this just means they can change their process?? or offer me compensation more adequate, seeing as I was going to sell the car for spares/repair (because they told me I could)

Below is the email I received from HD (please try and ignore the grammar issues clearly displayed)

"We have been told by our salvage agents you are looking to retain your vehicle


We’ve asked Copart, our salvage company, to get in touch with you about keeping your car. They’ll call you within the next 2-3 working day.


You may need to send them some pictures so they can work out the totalloss category (which depends on the damage to the car), the car belongs to us. So if you want to keep it, you’ll need to pay Copart its current value. If you don’t want to keep it anymore, Copart will collect it.
Make sure you talk to Copart


It’s really important you speak to them. If you don’t follow the correct process, we will have to report it as stolen. We’ll also cancel your policy with us and unfortunately you won’t receive a refund.


If you want to keep your car, it’s really important you speak to them – if you don’t, we’ll assume you’ve changed your mind"

I'm just blown away to be honest by the incompetence and the way I have been treated/spoken to by a company when I have literally done nothing wrong.

Thanks for all the advice though..