Why do I have to pay to recover the salvage of my written-off car?

How does the insuance company come to own the salvage after an accident? My wife recently had an altercation with another vehicle which resulted with an outcome that the claim was given as 50-50. We then had a one-time offer price from our insurance company for payout, as my Jeep was written off due to uneconomical repair (well under the price that I had insured the vehicle for). I asked for the salvage so I might be able to repair it myself and to return it to the road.

I was under the impression that I was the sole owner of the vehicle and have only taken out an insurance cover because the law states that the vehicle has to be insured and that the salvage of the vehicle still belonged to me - right or wrong? I was told that if I wished to keep the salvage I would have to forfeit a portion of the payout (this was determined by the insurance company - no arguments, a once-only price). How did I lose the rights of ownership and salvage if I claim against my insurance company? Why do I no longer own the vehicle when I have paid insurance premiums to cover the costs of any accident which could occur to this vehicle?

Asked on 31 July 2010 by desert head

Answered by Honest John
See the FAQ answer about write-offs which explains the calculation. Basically, if the repair estimate comes to more than a payout minus the salvage, the insurer will write the car off and sell the salvage. But if it threatens to write the car off, usually these days you can do a deal to keep the car, get a lower payout and fix it yourself. The spanner in the works of the initial sum is that if an accident management company managed the repair, the insurer can be seriously out of pocket over the hire car costs and would have been much better off writing the car off in the first place.
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