HELP!!! Hit & Run write off - but car in brother's name!!

[kinkeemalinkee]

Hello caggers!!!

 

Please help!! I've been going through absolute hell for the past 4 almost 5 months after being hit by some idiot who promptly drove off.

 

My beloved VW Golf was written off in November 09 and I am still waiting to be paid out by Equity Red Star who despite me being fully comp have not provided any courtesy car!!

 

After making numerous complaints I actually thought the claim would be closed within the next couple of days until I received a letter from Equity saying that I had to prove that I was the registered owner at the time of the incident. Now back in March my bro and I agreed to sign the car over to his name until I'd paid back some money that I owed - money was paid back and the V5 was signed baack over .......but not posted!! My extremely tidy bro misplaced it and then was convinced that he'd sent it. Now it turns out that although the date of transfer was signed as September 09, the form never actually got sent until DECEMBER 09!!

 

Now Equity have said that I need to prove that I was the keeper - I obviously cannot although the car has always been in my possession - insurance in my name etc etc.

 

Could they refuse to pay out? Could they pay out to my bro? What should I do? Please HELP!!!

 

:sad:

[2ltr16valve]

Hello caggers!!!

 

Please help!! I've been going through absolute hell for the past 4 almost 5 months after being hit by some idiot who promptly drove off.

 

My beloved VW Golf was written off in November 09 and I am still waiting to be paid out by Equity Red Star who despite me being fully comp have not provided any courtesy car!!

 

After making numerous complaints I actually thought the claim would be closed within the next couple of days until I received a letter from Equity saying that I had to prove that I was the registered owner at the time of the incident. Now back in March my bro and I agreed to sign the car over to his name until I'd paid back some money that I owed - money was paid back and the V5 was signed baack over .......but not posted!! My extremely tidy bro misplaced it and then was convinced that he'd sent it. Now it turns out that although the date of transfer was signed as September 09, the form never actually got sent until DECEMBER 09!!

 

Now Equity have said that I need to prove that I was the keeper - I obviously cannot although the car has always been in my possession - insurance in my name etc etc.

 

Could they refuse to pay out? Could they pay out to my bro? What should I do? Please HELP!!!

 

:sad:

 

 

Confused here, as the registered owner is not always the registered keeper as on the V5.

 

I think it says this on the V5 somewhere as well.

 

Seems they are just trying to look for a loop hole to me. Although, if you answered the question "are you the registered owner and keeper?" when you took the policy out, you might have problems.

[Mossycat]

One question that is always asked at the time a motor ploicy is taken out is 'Are you the registered keeper and/or owner'.

 

This is asked for a couple of reasons (prevent fronting, establishinh insurable interest), if you answered yes to that question and you were not named on the V5 document then you are going to find it hard to convince your insurers that they should pay out.

 

The contract was based on what you told them, clearly the information you have given them was incorrect.

 

Yes they can refuse to pay out, no they will not pay your brother out.

 

Your best plan is to put everything in a letter and hope that they accept your explanation, if they don't and they send you a final response then you can try the FOS.

 

Mossy

[kinkeemalinkee]

Thanks Mossy & 2ltr!!

 

When I took out the policy I was named on the V5 - the name was changed in March and was signed back over again in June not September as I said before! - but the document wasn't sent off to DVLA straight away - well for a good few months!

 

Would they re-register the car from the date they received the V5 or from the date of signature confirming transfer?

 

If so, then I should be covered?