MattP Posted December 6, 2015 Share Posted December 6, 2015 No doubt if he was proven over the drink drive limit his insurance is void which means your left with 3 options. Claim via your own insurance if your fully comp. Claim via the MIB (not the men in black) County court claim against said individual who will probably not have any money. Sad face. Quote Link to comment Share on other sites More sharing options...
MATT RR Posted December 6, 2015 Share Posted December 6, 2015 gutted to see this mate, looks a right mess feel your pain Quote Link to comment Share on other sites More sharing options...
mellonman Posted December 6, 2015 Share Posted December 6, 2015 No doubt if he was proven over the drink drive limit his insurance is void which means your left with 3 options. Claim via your own insurance if your fully comp. Claim via the MIB (not the men in black) County court claim against said individual who will probably not have any money. Sad face. The insurance still pays out, I had a old friend smash up his own car and get done for drink driving and they paid out so I think he should be ok on that front Quote Link to comment Share on other sites More sharing options...
Scooter Posted December 6, 2015 Share Posted December 6, 2015 You don't always get that option under Comprehensive insurance. I've heard this before but surely if the car is still yours, as long as you keep it in your posession and negotiate a deal they can't demand the car can they? (Unless a cat b) Quote Link to comment Share on other sites More sharing options...
Slink116 Posted December 6, 2015 Share Posted December 6, 2015 I've heard this before but surely if the car is still yours, as long as you keep it in your posession and negotiate a deal they can't demand the car can they? (Unless a cat b) I just took out policy with footman james, with a small extra it covers me in the event of the car being written off. I can still keep the car as well as the agreed value of the car. It's fully comprehensive. Quote Link to comment Share on other sites More sharing options...
rider Posted December 6, 2015 Share Posted December 6, 2015 I've heard this before but surely if the car is still yours, as long as you keep it in your posession and negotiate a deal they can't demand the car can they? (Unless a cat b) You can negotiate with the insurers to retain the car for the offered pay-out less the salvage value. It's up to the insurer though as they have effectively purchased the car for its determined pre-accident value. You also need to consider if the insurers will register it as an insurance write off which doesn't matter if the intention is only to retain it for parts but will affect the cars value if its being retained to be repaired and put back on the road. I'd only consider offering to buy this damaged car from the insurance company if its worth a lot more in parts than the salvage price they are prepared to accept. This car has a rear wheel pushed quite a way forward so assuming the axle drive shaft hasn't just snapped at the hub it probably means a twisted or broken sub frame which in turn could mean a twisted body. This car looks like it has terminal panel damage even before looking at any structural damage. Quote Link to comment Share on other sites More sharing options...
Havard Posted December 6, 2015 Share Posted December 6, 2015 I'd assume with that amount of damage its off to the great scrap heap in the sky. Oh defo. We be very surprised if they rescue that from where it is. No doubt if he was proven over the drink drive limit his insurance is void which means your left with 3 options. Claim via your own insurance if your fully comp. Claim via the MIB (not the men in black) County court claim against said individual who will probably not have any money. Sad face. The insurance still pays out, I had a old friend smash up his own car and get done for drink driving and they paid out so I think he should be ok on that front They will cater for third party damages only and the guys insurance will be void as far as his damages are concerned. Depending on the policy wording, I am not sure if they can sue the policy holder for their costs if you have caused damage while breaking the law. So DD where you kill someone and millions would be paid out, the insurance company may come back after you. H. Quote Link to comment Share on other sites More sharing options...
ben_harmer32 Posted December 6, 2015 Author Share Posted December 6, 2015 Drink driver has abmitted full liability. Slight bit of good news. Quote Link to comment Share on other sites More sharing options...
jonc Posted December 6, 2015 Share Posted December 6, 2015 Jesus thats some hit. Sorry to see this happen and I hope the idiot pays. I cant understand drink driving just get an f8ng taxi or bus. There are a group where I work who all go to the pub at the end of the day for a few jars before going home and I always turn down their offers and explain I driving so couldnt drink. Hopefully everything gets sorted for you but its still a pain you dont need Quote Link to comment Share on other sites More sharing options...
Scooter Posted December 6, 2015 Share Posted December 6, 2015 You can negotiate with the insurers to retain the car for the offered pay-out less the salvage value. It's up to the insurer though as they have effectively purchased the car for its determined pre-accident value. You also need to consider if the insurers will register it as an insurance write off which doesn't matter if the intention is only to retain it for parts but will affect the cars value if its being retained to be repaired and put back on the road. I'd only consider offering to buy this damaged car from the insurance company if its worth a lot more in parts than the salvage price they are prepared to accept. This car has a rear wheel pushed quite a way forward so assuming the axle drive shaft hasn't just snapped at the hub it probably means a twisted or broken sub frame which in turn could mean a twisted body. This car looks like it has terminal panel damage even before looking at any structural damage. I was only thinking for parts, but some other forum cars people might want to completely re-shell it if it happened to theirs? Is it actually up to the insurer, if you want to keep it can they really say well you can't? Or if you do you'll get nothing from us? Quote Link to comment Share on other sites More sharing options...
cered Posted December 6, 2015 Share Posted December 6, 2015 He'll get the book thrown at him, drink driving this time of year. Her majesty will have great pleasure in dealing a heavy sentence Quote Link to comment Share on other sites More sharing options...
Scott Posted December 6, 2015 Share Posted December 6, 2015 I was only thinking for parts, but some other forum cars people might want to completely re-shell it if it happened to theirs? Is it actually up to the insurer, if you want to keep it can they really say well you can't? Or if you do you'll get nothing from us? Unfortunately insurance paying out is them buying your car. You can try a negotiation to buy it back if it hasn't already been agreed though. Quote Link to comment Share on other sites More sharing options...
Scooter Posted December 7, 2015 Share Posted December 7, 2015 Unfortunately insurance paying out is them buying your car. You can try a negotiation to buy it back if it hasn't already been agreed though. So if they contact the OP with an offer and he just says from the off that he will only accept an offer where he keeps the salvage, what can they do? Quote Link to comment Share on other sites More sharing options...
Benjy Posted December 7, 2015 Share Posted December 7, 2015 You don't always get that option under Comprehensive insurance. Unfortunately insurance paying out is them buying your car. You can try a negotiation to buy it back if it hasn't already been agreed though. It's still your car. If they want to write it off, you can tell them that they can place a CAT C marker on it and knock 20% off of their pay out, but they can't tell you that they're taking your car away. They may do what they call "Cash in lieu of repairs", where by they don't write the car off, but pay a certain percentage so you can get it repaired yourself. Being a 3rd party though, I doubt they'll dick you about too much. Drink driver has abmitted full liability. Slight bit of good news. Gutted for you mate, but at least that's something. The tit! He'll get the book thrown at him, drink driving this time of year. Her majesty will have great pleasure in dealing a heavy sentence Hopefully they'll make an example of him. Drink make me angry! Quote Link to comment Share on other sites More sharing options...
Scooter Posted December 7, 2015 Share Posted December 7, 2015 It's still your car. If they want to write it off, you can tell them that they can place a CAT C marker on it and knock 20% off of their pay out, but they can't tell you that they're taking your car away. They may do what they call "Cash in lieu of repairs", where by they don't write the car off, but pay a certain percentage so you can get it repaired yourself. Being a 3rd party though, I doubt they'll $#@! you about too much. Cheers that's what I thought, basically if you want to keep it you can Quote Link to comment Share on other sites More sharing options...
Scott Posted December 7, 2015 Share Posted December 7, 2015 So if they contact the OP with an offer and he just says from the off that he will only accept an offer where he keeps the salvage, what can they do? It's still your car. If they want to write it off, you can tell them that they can place a CAT C marker on it and knock 20% off of their pay out, but they can't tell you that they're taking your car away. They may do what they call "Cash in lieu of repairs", where by they don't write the car off, but pay a certain percentage so you can get it repaired yourself. Being a 3rd party though, I doubt they'll dick you about too much. It's still your car, but it's their terms and conditions that they pay out under. If you simply say that you won't give them the car, they simply won't pay out. I don't know of any insurers who won't at least negotiate such a term though so it's highly unlikely that you wouldn't be able to "buy" the car back. It'll save them a lot of ballache afterall. Asking them to knock 20% off their pay out only comes into play if they agree, if they don't, you're onto the payout alone. What court would possibly see in your favour when the insurance company are paying out under their terms and conditions that you agreed to? You would be onto plums if they chose that route. Quote Link to comment Share on other sites More sharing options...
Benjy Posted December 7, 2015 Share Posted December 7, 2015 No insurer can refuse to pay out if their insured damages a third party vehicle, unless their policy is void. And no insurer can remove the vehicle from your ownership. I've argued with enough insurance companies about it. They all try, because they send them all to co-part and get x amount of money for the salvage. 20% is the current average salvage value. I.e. They write a car off and value it at £1000, the buy back should be around £200. His terms and conditions aren't with the drunk drivers insurer, they're with his own, who should be notified, but only step in if required to take the legal action etc. Insurance companies try and scaremonger those that they don't think will argue back. I've not lost a car yet, despite them trying. Quote Link to comment Share on other sites More sharing options...
Scott Posted December 7, 2015 Share Posted December 7, 2015 No insurer can refuse to pay out if their insured damages a third party vehicle, unless their policy is void. And no insurer can remove the vehicle from your ownership. I've argued with enough insurance companies about it. They all try, because they send them all to co-part and get x amount of money for the salvage. 20% is the current average salvage value. I.e. They write a car off and value it at £1000, the buy back should be around £200. His terms and conditions aren't with the drunk drivers insurer, they're with his own, who should be notified, but only step in if required to take the legal action etc. Insurance companies try and scaremonger those that they don't think will argue back. I've not lost a car yet, despite them trying. They aren't refusing to pay out, they would be refusing to pay out outwith their terms and conditions contract which is legally binding. Standing your ground and arguing your case to get what you want is all very well and good, if they stood firm though... legally you wouldn't win. Being cock sure and arguing over the phone until you get what you want is completely different to what would happen in a court should they/and you wish to take it that far. My point is, if they stood firm and you stood firm, you would lose. Quote Link to comment Share on other sites More sharing options...
ben_harmer32 Posted December 14, 2015 Author Share Posted December 14, 2015 Just got off the phone to the insurance company and the car hasn’t even been inspected yet despite being collected last Tuesday. Apparently today they are going to contact the third party insurance to see if they want to inspect it and to ask if they are taking accountability for the accident. Not impressed at all! Quote Link to comment Share on other sites More sharing options...
Scott Posted December 14, 2015 Share Posted December 14, 2015 That's all you hear about with insurance unfortunately, having to constantly chase them up to get things moving Quote Link to comment Share on other sites More sharing options...
ben_harmer32 Posted December 22, 2015 Author Share Posted December 22, 2015 Officially declared a CAT d Quote Link to comment Share on other sites More sharing options...
supra900bhp Posted December 22, 2015 Share Posted December 22, 2015 sorry man but did look that way from the pics whats your plan now?? buy back and build bigger and better or just start new? Quote Link to comment Share on other sites More sharing options...
ben_harmer32 Posted December 22, 2015 Author Share Posted December 22, 2015 Start New. I'll always have in back of my head otherwise that it's been in a smash. Quote Link to comment Share on other sites More sharing options...
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