Just looking for a little bit of advice, in 2007 I owned a car that went into a body shop for insurance repairs, whilst in the body shops care the car sustained a large dome dent in the roof, the insurance company at the time said I would have to pay another £200 excess charge to repair the roof, I could not see how I would have to pay more money for damage caused whilst in there care, over the space of about 6 months I could get nowhere the case worker was arrogant and just kept saying I would need to pay the £200 I received no response to my letters, whilst this was going on I was given a company car to continue with my work, then my marriage hit difficulties and the car got forgotten about, today I found all the paperwork for the car including logbook v5, old mot’s, letters at the time to the insurance company, I would like to know if it is possible to get my car back or the money that the car is worth, it’s been four years.. And it has always played on my mind but never really had the strength to fight the insurance company plus I now live 350 miles away from the garage.

Any help would be much appreciated

Jo

First make an an enquiry with DLVA about the current status of the car on their records. I doubt the garage or Insurers still have the car. It would have been sold on or sent for salvage. The next question you have will be how have they done that, it is not their car. This is where you will need legal advice, as I am not 100% certain of your rights in this situation. You should have taken legal action against the garage for the damage they caused to the roof of the car whilst in their care. Then probably what would have happened is that the garages Insurers would have dealt with the claim and you would not have had to pay the excess which was only valid for a claim under your own Insurance. I think you were very badly advised by your Insurers at the time.

The next step depends on what you find out with DVLA. You might have to take legal advice about what you can do.

hi the car is registered to somebody else now, all legal taxed on the road... this really gets my goat. we went to collect the little mini it had been repaired, the bodyshop had done a great job then we noticed the dent on top, it look as though the roof had been stood on, they said they had vandles break in a few nights previous, i said i was not prepaired to take the car in this condition, and wanted it fixed, on reflection i wish i had of taken the car as it was and fought my corner at a later date,

hi the car is registered to somebody else now, all legal taxed on the road... this really gets my goat. we went to collect the little mini it had been repaired, the bodyshop had done a great job then we noticed the dent on top, it look as though the roof had been stood on, they said they had vandles break in a few nights previous, i said i was not prepaired to take the car in this condition, and wanted it fixed, on reflection i wish i had of taken the car as it was and fought my corner at a later date,

If the car was sold without the permission of the legal owner (you) and you have not received any money for the car, why don't you go to the Police to see if they will intervene. Surely this is theft, even if there is an explanation the garage can provide.

If vandals caused the damage, the bodyshop and insurer were right to ask you to make another claim. It doesn't matter who's possesion the car was under the fault was not the garages, and whilst not your's, it was your car.

I think you need to approach the insurer and garage to find out what steps they took prior to selling it, you may be entitled to the sale value. Equally you may be liable for any storage charges, administration fees etc. Depending on the value of the car, they may get you there, if they are charging £15per day for example and it was there for 1 year until they sold it, this is hypothetical though.

It could just be the insurer and garage did nothing about it, waited for you and then sold it, they have to be seen to be making an effort (telephone notes, letters, recorded delivery letters, even sending someone round to find you) before taking over. Again hypothetical, you have to make the enquiry.

You have to remember it was your car, if you want to claim legal entitlement and have to take this to court, you will have to stand up in court and explain to the judge how you managed to forget about a car for 5 years. I can't get my head around that bit.