Motorbike insurance problems - was written off - they sold my bike abroad - now want V5!!...

[GuyMeurice]

Hi everyone,

 

I'm after a bit of advice regarding the behaviour of my insurance company following an accident.

 

in October 2011 I was involved in a collision with a badger while travelling along a country road on my motorbike.

 

I came off at about 60mph and broke my ankle.

the bike was apparently a write off (so one of the police officers who attended the scene told me).

 

I put in a claim to my insurance company as soon as I was out of hospital and thought that would be that.

 

It was fairly open and shut as far as I was concerned, I hit a badger, I was at fault, I'd like to claim.

 

However,

they dragged their feet and have made it quite difficult.

 

They asked for my V5 as evidence I own the bike, but I didn't have it.

 

I think it might have been locked under the seat of the bike.

 

When I asked the DVLA to issue a new one they wouldn't, because my bike had left the country.

 

Now I didn't know what to make of this, so I asked what they meant and they said it had been sold and had left the country. To where, they cannot tell me.

 

They gave me a scan of the part of the V5 that I had sent in to them (dated etc.) but my insurance company have said that is insufficient.

 

Now here's where I have an issue.

 

The actions of the insurance company (selling the bike) have meant I can't get the V5,

but they won't take any further action without the V5.

 

It's such a perfect conundrum, it's almost as if they planned it!

 

after AGES of to-ing and fro-ing I'm here.

 

More than a year after the incident, looking for advice on what steps to take next.

 

I've told the insurers to talk to the DVLA themselves because I obviously don't know what I'm talking about.

 

I just need to know from people who may have dealt with this kind of thing before.

 

What can I do to complain about their behaviour?

When should I do it?

 

There were tools in the bike that cost a lot of money,

if they hadn't sold it I could've had them back - are they liable for them?

 

I wanted to buy the bike back, I don't have that option now, is there discourse to take action on this?

 

The value they put on the bike is lower than I anticipated (£1400) and I have a receipt for £700 of work completed the day before the accident (sod's law!!)

other bikes of a similar age are now a year and a bit older - therefore their value has dropped, what can I do about this?

 

Sorry if this is a little bit of a ramble, I just want to put everything in. They've really rustled my jimmies on this.

[dx100uk]

how is this insurer?

 

dx

[GuyMeurice]

The insurer is Markerstudy.

 

I actually bought the insurance through another company, having avoided Markerstudy due to poor reports of their performance, that'll teach me for not double checking everything!

[unclebulgaria67]

Surely DVLA can confirm that you were the registered owner/keeper for the relevant period. This would not be issuing a new V5, but a letter or other document confirming the information that the Insurers want. If the bike has been sold abroad and registered abroad, then the V5 is no longer relevant. Suggest phoning DVLA to see what document they can provide.

 

As for the bike, the Insurers had a duty to make sure the bike and anything on it was safeguarded, while it was in their possession including recovery agents acting for them. The bike I suspect was stripped of any tools that were on it, while it was in a garage/recovery yard. For the bike, you will only be paid put the market value less any excess. You will need to research what similar bikes are being sold for.

 

Suggest writing a complaint to the Kevin Spencer CEO of Markerstudy advising him of the problems experienced and asking him for his help in resolving the claim, to prevent unnecessary referall to the FOS or litigation being taken.

[dacouc]

If your Insurer has disposed of the motorbike before they have paid you then they've been to quote Monty Python "Very Naughty Boys".

 

The following is from the Insurance Ombudsman and will apply to you and them.

 

"16. salvage of the "written-off" vehicle and contents

 

Once the policyholder accepts payment of the full market value, the insurer becomes the owner of the salvage. If the policyholder asks to keep the salvage, the insurer is entitled to deduct what it would have been able to sell the salvage for. This is usually not very much.

 

But what if the policyholder complains that the insurer (or its agent) disposed of the salvage before paying the full market-value? At this stage, the vehicle still belongs to the policyholder, and we take the view that the insurer should not have disposed of it without first obtaining the policyholder’s consent to the settlement of the claim – even if the insurer said it was only acting in the public interest by keeping a badly-damaged vehicle off the roads. In such circumstances, and unless the insurer returns the salvage, we usually award the policyholder compensation for inconvenience.

 

If the policyholder had personal belongings in the vehicle when the insurer disposed of it without consent, we are likely to award the cost of replacing these – usually on a like-for-like (rather than a new-for-old) basis."

 

I can't post links but add www to the following to land on the correct page from the Ombudsman which also has other useful information about valuing your bike.

 

financial-ombudsman.org.uk/publications/technical_notes/motor-valuation.html

[GuyMeurice]

Fantastic! This is the kind of thing I was after.

 

You can feel like you're shouting at a brick wall sometimes, and it gets kind of tiring!

 

I've started emailing them to create a 'paper' trail now, and had a reply saying I need to contact the DVLA to get a letter on headed paper saying I was the owner. I'm not particularly keen on this as this is how it started last time. I don't see why they can't contact the DVLA themselves to get the information rather than me having to go to and fro constantly. Is it unreasonable of me to tell them to do it themselves? After all, they know what they need, I don't have a clue!

[dacouc]

Have they paid you out for the claim yet?

 

You need to bear in mind that Marker Study are at the "Not all that" end of the scale of Insurers when dealing with them

[GuyMeurice]

No, they've not paid out yet.

 

I've realised that they certainly aren't all that!!

[dacouc]

You need to send Marker Study a letter by recorded delivery marked "Official Complaint" keep it polite and concise. Just refer them to the above section I have quoted from the Ombudsman and state to the effect you expect immediate settlement and suitable compensation or the return of your motorbike as per the how the Ombudsman will rule.

 

State that should they make a suitable payment you will waive your rights to further compensation for them delaying the claim (See my quotes from the same link below) but that should they not handle your complaint as per the Ombudsman then you will refer the matter to the Ombudsman who will likely impose 15 and 19 on them (The Ombudsman may also make a charge to Markstudy of circa £500 for handling the matter as well.

 

I would add a line that you have tried your best with the DVLA but due to them exporting the vehicle they will not issue you a log book but that you are more than happy to participate in a conference call to the DVLA to confirm you were the owner etc

 

"15. loss of use and courtesy cars

 

Usually the policyholder is entitled to a courtesy car only where the policy specifically provides for it. Even where the policy does provide for a courtesy car, this will usually be in limited circumstances (for example, whilst repairs are carried out by a repairer approved by the insurer) that do not apply where a vehicle is "written-off". This often comes as a surprise and disappointment to the policyholder.

 

Usually we only award the policyholder compensation for loss of use of the vehicle where the insurer unreasonably delays, or wrongly declines, the claim. Exceptionally, we may say that the insurer should compensate the policyholder for loss of use where:

 

the insurer’s overall presentation of the policy gave the consumer a legitimate expectation that a courtesy car (or compensation for loss of use) would be provided; or

the claim was badly administered (for example, the insurer initially took the car to be repaired, delayed several weeks and then decided it was a "write-off" after all).

Where we consider it fair for the insurer to compensate the policyholder for loss of use:

 

If the policyholder hired a car for this period, we might require the insurer to refund the hire-car charges (plus interest).

If the policyholder did not hire a car, we might require the insurer to pay compensation for other reasonable transport expenses incurred plus inconvenience caused by lack of a car.

If we award compensation for inconvenience caused by lack of a car, we tend to award around £10 per day, if it had a material effect on the policyholder, and depending on the individual circumstances – for example, whether the policyholder had "free" access to another vehicle, availability of public transport etc."

 

(Assuming the above applies)

 

and also

 

"19. interest on the amount of the claim

 

We usually decide that the insurer should pay the policyholder interest on the amount of the claim – calculated from the date of the incident (not from the date of the claim) to the date of payment. This is because the policyholder has not had the use of the vehicle, but the insurer has had the use of the money. The rate is likely to be 8% per year simple, though the law may require the insurer to deduct tax from the interest."

 

Be aware that Markastudy are allowed 6 weeks to deal with your "Official Complaint" and should they be stupid enough to allow it to go to the ombudsman it could take many more months.

[Conniff]

Another Gibraltar company. It would seem that if you want to rip people off, set up your company in Gibraltar, so many of them are doing it.

[GuyMeurice]

Thanks for your advice on this. I'm going to email them again today. I received this yesterday afternoon;

 

"We would need a letter from the DVLA on headed paper to confirm you was the registered keeper at the time of the accident."

 

Aside from the Dear Mr. Meurice and her sign off this was all she wrote. Not only does it not answer any of my previous questions, but it isn't grammatically correct. Is there an ombudsman for that?

 

I'm not prepared to talk to the DVLA again. I don't like them, they masquerade as a government department, they're just as bad as the insurers!