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Can my insurance company dispose of my written-off car without telling me?
I recently had an accident with an ambulance and my insurance company has written off my car under category C. Today I found out they have given my car to salvage without even telling me. They didn't even ask me if I had any belongings in it that I needed to get out of the car, so I phoned up today but they said they will arrange that to be parcelled to me. Then I said I wanted my car to be repaired or I want to buy the car from them, but they said to me that they wouldn't sell the car back to me. I asked why and he answered we just don't do that.
Can they do that? My car is repairable and I really like my car - I use it for private hire and my customers love it and give a lot of compliments, so I really wanted my car repaired or I would want to buy it back off them. What rights do I have now legally and what can I do, and does the insurance company have the right to refuse to sell me the car back to me?
Can they do that? My car is repairable and I really like my car - I use it for private hire and my customers love it and give a lot of compliments, so I really wanted my car repaired or I would want to buy it back off them. What rights do I have now legally and what can I do, and does the insurance company have the right to refuse to sell me the car back to me?
Asked on 17 July 2010 by rizwan
Answered by
Honest John
No. If you want your car back you can demand it back. It's your property, not the insurer's, up to the point when the insurer settles with you. Negotiating a settlement if you get the car back might be quite difficult, but the insurer has no right at all to write your car off without consulting you first. If it has done, you can sue for the full reasonable cost of replacing the car if the settlement figure the insurer offers is not adequate.
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