BMW 5-Series E39 (1996 - 2003) - Car written off, who's the owner now?

Honest John Back Room » Motoring discussion
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Wed 4 Jun 2008 18:20
Car written off, who's the owner now? - kjharve
Hi there,

My car was recently assessed as a total loss by the insurer after I smashed it up. I agreed an offer from them over the phone and asked if I could take some things from the car, namely tax disc, tax disc holder, mats and private plates. I also said I would be looking to transfer the cherished licence to another car. They said all this would be ok but when I went to the garage to collect the items, the car had already been taken to the salvage company (this was the day after I agreed the offer!)

The insurance company contacted the salvage company who agreed to send the items but all they have sent is the tax disc.

I haven't returned the form they asked me to complete, nor have a sent off the section from the log book to sign the car over to them. I certainly haven't received a pay-out! If I had known I wouldn't get the items back, I don't think I would've accepted their offer.

I've e-mailed them demanding I get the items I was promised but have had no response.

What can I do? I assume I'm still the legal owner or do the insurance company now own the car even though the agreement was verbal?

Any help appreciated?

Thanks,

Kev
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Wed 4 Jun 2008 18:30
Car written off, who's the owner now? - Lud
You should have gone there I'm afraid.

I had a car stolen once. Plod told me promptly when it was found, but it had been taken to a breaker's yard off Finchley Road. I hastened there. The tools had vanished. I asked the breaker's yard chaps for them back and they rather sulkily produced most of them after a short pause.

These things have all sorts of knock-on effects. The car had been used previously as a minicab, although that had been for two short periods a couple of years earlier. However the insurance company found out that old minicab cards and a s/w radio connection had been noted in the car, either by their man or plod (I am one of nature's car slobs), and they wrote asking whether I had been minicabbing on their private car insurance. I explained. They were perfectly nice about it, just keen to know if I had been ripping them off and cutting legal corners.
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Wed 4 Jun 2008 18:35
Car written off, who's the owner now? - kjharve
I would have gone there but the salvage yard is over an hour and a half drive from the garage and I couldn't go that day, hence why I agreed to have the stuff sent.

Surely I'm well within my rights to take them to court over this. I wouldn't be surprised if I struggle to get the licence transferred now. If that's the case then the whole saga has done me out of about £500. Worth a trip to the small claims court!
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Wed 4 Jun 2008 18:37
Car written off, who's the owner now? - ex-Triumph man
If I were you I would send a recorded delivery letter to the Chief Executive of the insurance company giving him 7 days to refund the value of your losses, failing that, you will see him in the County Court.
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Wed 4 Jun 2008 18:51
Car written off, who's the owner now? - kjharve
I've done exactly that via e-mail. They were supposed to update me by close of business yesterday to let me know what had happened to my stuff, but haven't. I've therefore given them 7 days to come up with the stuff I wanted or pay for it.

What about the cherished licence though? The DVLA forms state that the car has to be available for inspection and asks you to specify if the vehicle is not being kept at your home address. Surely the application to transfer will be declined if I have to put the salvage company address on it.
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Wed 4 Jun 2008 20:42
Car written off, who's the owner now? - ex-Triumph man
I'd bounce that issue straight back to the Chief Exec.
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