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Insurance vehicle recovery and return?


stan80
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Hi, I cant sleep this is going around in my head.

 

My vehicle was crashed into by a stolen car. Vehicle has been taken into storage by the insurance company waiting to be inspected. Can i claim back my vehicle at anytime,

 

Would the insurers/ under writers allow this? As how i see this is they wont have to pay me for value of the vehicle or pay a engineer to assess vehicle, Plus less storage costs?

 

If they would do this would they bring vehicle back to my property or would i have to get it as its miles away from me.

 

Reason i want this is my excess is 350 pounds straight away and a local scrapyard has offered me £300 for it in scrap. So for me to break even the underwriters would have to offer £650 and tbh i cant see that happening.

 

Thanks in advance.

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Yes of course you can arrange to recover the vehicle at any time. Just speak to the people dealing with the claim about this, so the best way of dealing with the claim can be found. If the vehicle was a low value, I would question whether the Insurers would want to incur costs such as an engineers inspection. It is not as if they will easily be able to recover their outlay, given the circumstances of the accident.

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Hi, Update.

 

The recovery agency are happy to release the vehicle once this has been confirmed by the underwriters. Rang around and the best price i can get for the van is £150 scrapped. Id imagine insurance will offer £600 - £350 excess so i would be down by £200

 

Will i still lose my ncd and will it be classed as a claim against me.

 

Also the police have arrested 4 people with 1 outstanding with regards to the stolen vehicle. At what point do i inform the MIB or a solicitor to make a claim against the guilty party to recover my excess losses?

 

Thanks in advance

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Hi, Update.

 

The recovery agency are happy to release the vehicle once this has been confirmed by the underwriters. Rang around and the best price i can get for the van is £150 scrapped. Id imagine insurance will offer £600 - £350 excess so i would be down by £200

 

Will i still lose my ncd and will it be classed as a claim against me.

 

Also the police have arrested 4 people with 1 outstanding with regards to the stolen vehicle. At what point do i inform the MIB or a solicitor to make a claim against the guilty party to recover my excess losses?

 

Thanks in advance

 

 

 

A solicitor won't take your claim for excess only you will need to go to the MIB yourself if that's what you want to do.

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Hi, Update.

 

The recovery agency are happy to release the vehicle once this has been confirmed by the underwriters. Rang around and the best price i can get for the van is £150 scrapped. Id imagine insurance will offer £600 - £350 excess so i would be down by £200

 

Will i still lose my ncd and will it be classed as a claim against me.

 

Also the police have arrested 4 people with 1 outstanding with regards to the stolen vehicle. At what point do i inform the MIB or a solicitor to make a claim against the guilty party to recover my excess losses?

 

Thanks in advance

 

You would normally lose 2 years NCD following a claim which the Insurers could not recover their outlay. You could ask the Insurers for an indicative quote with the reduced NCD, so you can consider this. But the claim event will still be on your record even if you decided not to continue with the claim, so you will have to disclose it for the next 5 years and there would be a premium loading applied for a couple of years. This premium loading I would estimate could be say 10% additional premium per year.

 

You may be able to apply via the Police/Court for a restituition order against the thieves. This is where the court says that they have to compensate the victims of their crime. But if these thieves are limited financially, you might be waiting along time. Ganymede will know more about this process.

We could do with some help from you.

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Oh this going to be complicated isn't it. Im not very knowledgable

 

 

Compensation and Motor Vehicles

http://www.cps.gov.uk/legal/s_to_u/sentencing_and_ancillary_orders_applications/#a02

 

The provisions of section 130 (5) PCC(S)A include damage to stolen motor vehicles.

 

An order for compensation can only be made for damage resulting from an accident to a motor vehicle which was the subject of the charge. In Quigley v Stokes (1977) 64 Cr. App. R. 198, the defendant took a car without permission and while driving it collided with two other cars; all three cars were damaged. A compensation order was appropriate in favour of the owner of the car that had been taken without consent, but not in the case of the owners of the other two cars as there was no power in the Act.

 

A compensation order can only be made in respect of injury, loss or damage due to an accident arising from the presence of a motor vehicle on the road if it is in respect of injury, loss or damage for which the offender was uninsured and for which compensation is not payable by the Motor Insurer's Bureau; or the defendant has been charged with an offence under the Theft Act 1968.

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