Insurance Pay Out - Help Needed

[johnnyboy666 195 1 Cars]

Hello,

 

some of you have probably seen my post from December where my car was hit by another car which was spinning out of control. My car rolled, and suffered a fair amount of damage (although considering the roll, it came off better than I would've expected).

For some reason the 3rd party is still denying liability (despite the photos I took at the scene clearly showing his skidmarks going straight into me, and my skidmarks then making almost a 90 degree turn as he hit!)

 

Anyway, because he's denying liability, my insurance stepped in to deal with the payout etc (I'm fully comp) and they'll claim it back from the 3rd party later.

 

I had a call a few weeks back from my underwriters, after their engineer guy had been out, and they offered me a price for the payout. I had discussed to great lengths with the engineer that I want to retain salvage. He said he will advise this to my underwriters, although the car is Cat B.

The person I spoke to from the underwriters initially offered me the price, but that was based on me stripping off all the modified parts and them taking back the shell, which I was not happy with.

 

She then called the company that sent the engineer, and they confirmed to her that it had been agreed that I would keep the car, and the payout price quoted was based on this fact. - I have a recording of this phone call.

 

I am then advise to send in the MOT cert and V5, which I did.

 

Then a few days ago, I receive a call from the department that deal with raising the payment. They say that they need to have the car back before I get any payment. Not what was agreed.

 

I advise the guy to go back and listen to the call where I was advised that I could keep it.

Two days later, he calls back, and says sorry there must have been a mistake but I cannot keep the car.

 

He then tries to argue that in fact, I need to put the car back together with standard parts before they collect it or the payout would have to be re-assessed!! I shouted at him for nearly 25 minutes until he checked again to find out this was actually just something he made up. By this point I almost told them to cancel the claim altogether I was that pissed off!

 

Anyway, he now agrees that they will take away the bare body shell after I have stripped it, but I will not be paid until that happens, and it needs to be done in a timely manner (yeah I'll just forget about going to work and moving house shall I?)

 

Now my question is:

 

- how can they quote one thing, and then conveniently change the record once I have surrendered my documents?

 

- I spoke to them 3 times between when they offered me the price, and when they received the documents, to clarify how and when I would receive my V5 back in order to scrap the shell when I'm done with it, and nobody mention anything then

 

- I understand that a Cat b should be crushed, but I cant find anything to say that has to be organised by the insurers not myself.

 

- Is a verbal agreement (recorded) legally binding?

 

- are they aloud to hold my payout ransom whilst I strip the car?

 

Needless to say, I'm rather miffed, I can't believe that yet again, I am getting fisted by an insurance company. I can't afford for them to not pay me anything, yet I want to argue this, because I don't think what they're doing is right.

 

Any guidance appreciated

 

Cheers

 

[omega 82]

got a few nights free next week if you need a hand.

cant help with the rest sorry

[Andy_C 50]

As regards Cat B I'm afraid the insurer has to crush the car as it'll be deemed unsafe to repair and they have to show that it's been destroyed.

 

Not aimed at you at all but too many cases of these ending up back on the road so they take a pretty tough stance.

 

However until they've settled the car remains your property so title stays with you.

 

The mistake sounds like poor communication between insurer and engineer - more common now as lots of insurers sub engineer inspections out.

 

I suspect all they'll do is apologise to be honest.

 

Not sure why they need it stripping quickly - it's being crushed anyway.

 

Worth arguing that you should be able to strip at your pace and they then collect the shell only when you've been paid in full.

 

Good luck.

Edited February 7, 2015 by Andy_C

[Goliath 94]

Contact Tim who runs this website, he is very helpful and has been giving me some advice via email free of charge.

 

http://www.motorclaimguru.co.uk/

[Simes 248 2 Cars]

My last one was cat b.

I stripped it after I got the money.

Stuck it on a local scrap merchants van, he gave me a paper receipt to say it was going to be scrapped. I scanned it and emailed it to the insurers as proof.

[johnnyboy666 195 1 Cars]

Thanks for the offer Omega, I should be able to sort it myself, will just have to be small bits at a time

 

I think I'll give them a call again on monday and speak to somebody more senior, see if they come up with a different story. The guy i was speaking to was acting as if they needed it for some financial reason, as if they were going to try to make money back off it.

 

Goliath - I've dropped that guy an email, will be interesting to see what he says, cheers.

 

That's exactly what I was planning to do Simes, after I've cut out some of the immaculate floor panels and inner wings, and then filled it full of the half ton of scrap metal I've been waiting to weigh in