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AIBU?

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Original poster

Can this be legal? Stolen car?

37 replies

BirthdayCakeforme · 09/04/2019 11:41

My car was stolen from outside my house a few months ago. Insurance investigated and found it wasn’t my fault, there are theives operating with ‘codes’ for keyless vehicles

I had full comprehensive cover from a reputable insurer. They declared it a ‘write off’ and paid the market value of the car, but I still lost out financially:

  • I previously had a spotless record and lost my no claims bonus, so insurance has gone up.
  • my insurance policy was terminated but I wasn’t refunded for the months which I had paid for upfront (I pay annually)
  • insurance didn’t cover a courtesy car for write off scenarios so I had to hire a car temporarily till I received the payout

All in, it cost me almost £500.

Now, months later, I’ve got a call from the police saying they’ve recovered my car, but it’s been trashed and set alight, so is a write off. They now want to charge me £400 to recover and dispose of the vehicle. Insurer says they won’t cover this cost as the vehicle is no longer insured!

This can’t be right can it? All in, having my car stolen will cost me £900, which is almost the value of the car. Then what’s the point of insurance for theft?

Anyone with any experience of this, I would really appreciate some advice

OP posts:
MaroonFlame · 09/04/2019 11:45

Sorry I’ve got no experience with this but that sounds awful OP! I can’t believe you’re having to shell out when your car has been stolen and trashedSad Hopefully someone will be along soon with good advice

PlainSpeakingStraightTalking · 09/04/2019 11:46

I'm afraid so - or you recover your own vehicle and take to the crusher - although I think I'd bunt this back to the insurance company - they paid out so they own the car now, not you.

We've had two bikes stolen and trashed, the police told us to remove them or pay 200 quid for them to dispose of them. Depends on the easier option for you. We paid to have it taken away. Much cheaper.

QforCucumber · 09/04/2019 11:46

All sounds correct.

  • I previously had a spotless record and lost my no claims bonus, so insurance has gone up.
did you not protect your No Claims?
  • my insurance policy was terminated but I wasn’t refunded for the months which I had paid for upfront (I pay annually)
if you paid monthly the full amount for the year would be due as is what happens when a claim is made, they'd have taken the remaining premium from your payout

As advised the car isn't insured anymore so they are not liable to pay for recovery costs, however you can ask the police if you have to pay for this, is it necessary since you also no longer 'own' the vehicle?

GottenGottenGotten · 09/04/2019 11:50

When my car was totalled in a car accident, the insurance company took ownership of it.

As others have said, I think this is their responsibility, not yours.

FranklySonImTheGaffer · 09/04/2019 11:51

Who are you insured with? I worked in claims not too long ago and in theft cases like yours we would consider the storage / release fee a claim cost so we would instruct the salvage company to collect and dispose of the car. Seems unfair to do anything else although clearly not all companies do this.

With the other things you've said though, it is all correct. You've claimed against your policy so your no claims has been reduced. Even if they'd been protected. It would still have increased because of the claim. And because you claimed, you used the policy meaning it had to be paid for, which is why you didn't get a refund.
Hire cars in a write off scenario is generally an extra which you have to add on and pay extra for.

Original poster
BirthdayCakeforme · 09/04/2019 11:53

Thank you all. I had no idea they could come back to me for so much money for recovery of the trashed vehicle, otherwise I would have set aside some of the payout from the insurance on the car.

@Qforcucumber, I’m not sure how that works - would I pay an additional premium to protect myself from claims?

OP posts:
WinkysTeatowel · 09/04/2019 11:55

No no no. Insurance company effectively 'bought' the car from you. It is now their property and their responsibility to recover and dispose of.

I presume you sent them V5 etc?

Original poster
BirthdayCakeforme · 09/04/2019 11:55

@franklysonimthegaffer

If it’s alright to say, I was insured with Admiral.

OP posts:
QforCucumber · 09/04/2019 11:56

@BirthdayCakeforme yes, it's an add on to most policies once you have over 4 years No Claims discount. Usually around £25 extra a year but means you keep the years you have already accrued in the event of a claim. It means, as an example if you had 7 years no claims bonus before this claim you'd still have the 7 years for the next policy - you just wouldn't gain a year for the ear in which you make the claim.

PlainSpeakingStraightTalking · 09/04/2019 11:58

Have you got a usual mecahnic? He'll have a mate that will shift it for cash and take it to the breakers - rather pay out 50 quid than 400

LittleChristmasMouse · 09/04/2019 11:58

Why were you not given a hire car until the car was written off? We had our car stolen in a burglary. Insurance company immediately provided a hire car. Car found by police a week later but kept for forensic investigation before being released to insurance company for inspection. Initially they wrote it off (in part due to a £1000 quote to clean the fingerprint dust off that the police had applied!!!!) we contested that and they re examined it and agreed to repair it. We had a hire car for the entire time - 6 weeks in total though the hire car would have stopped when they wrote it off (at 4 weeks).

How long did it take them to write your car off?

Xenia · 09/04/2019 11:59

I suspect the ownership is still registered with the original poster, unfortunately. However this may still fall under the original policy but the insurer is trying to get out of it. Check if when they paid you for the car claim originally that was in full settlement of all claims which if so might mean you cannot claim more.

£400 sounds quite high. Do you have AA etc cover that might collect the burnt out car and at least just take it to your own driveway for no charge?

Original poster
BirthdayCakeforme · 09/04/2019 12:08

@winkysteatowel
Yes, I sent them the v5c

OP posts:
Original poster
BirthdayCakeforme · 09/04/2019 12:09

@QforCucumber thanks for explaining, that sounds like a great idea, as premiums go up way more than £25 if you lose no claims. Will definitely add that once I’ve built up to 4 years again

OP posts:
Original poster
BirthdayCakeforme · 09/04/2019 12:10

@PlainSpeakingStraightTalking
I do have a local mechanic who is great. Will give him a call, thank you

OP posts:
Original poster
BirthdayCakeforme · 09/04/2019 12:11

@LittleChristmasMouse
I asked but was told that they don’t provide hire cars in the event of write off and ours was considered a write off at the point of theft?

OP posts:
Original poster
BirthdayCakeforme · 09/04/2019 12:13

@Xenia £400 is so high! They are charging £300 for getting it to the pound,£75 for disposal and £30 for storage as we were only notified today the vehicle was recovered but it’s been there 24 hours already

OP posts:
BettySwollocksandaCrustyRack · 09/04/2019 12:16

You have to have a special cover if you want a hire car after yours is stolen because the insurance comanies go by the fact that once the car is stolen it's not yours and hence not insured.

Sounds like they are trying it on regarding the recovery fee, surely as you don't own the car anymore they can't make you pay. i would just refuse for that reason, and once your renewal is due, go with a different company, they sound shite

wombat1a · 09/04/2019 12:16

I would have thought since you sent them the v5c then you are not the owner so it's not your problem.

LittleChristmasMouse · 09/04/2019 12:18

I asked but was told that they don’t provide hire cars in the event of write off and ours was considered a write off at the point of theft?

How is that right? I don't know anything about the legalities but that's mad surely? Who on earth was the insurance company?

BanjoStarz · 09/04/2019 12:18

Check the terms of the write off but effectively by paying out the insurance company buys it from you - you get money, they get ownership of the vehicle, especially if you gave them the V5C.

I’d call the police and tell them the car is now owned by the insurance company and have nothing further to do with it.

PettyContractor · 09/04/2019 12:20

Surely this cost is part of the claim for it being stolen? Which should be covered by the insurance in effect at that time?

If you crashed your car the day before your insurance expired and the quote to fix it came in a week later, they couldn't refuse to pay because your insurance was expired.

WinkysTeatowel · 09/04/2019 12:22

@BirthdayCakeforme which Insurer? If you sent them the V5 and they have paid you the value of the car they have bought it. They should have informed the DVLA of the change of ownership. Ring again and ask to speak to them again, if they are telling you the same thing ask to speak to a Senior/Manager. These costs are their responsibility. (I have worked in Motor claims for 16 years).

WinkysTeatowel · 09/04/2019 12:27

The other points are correct, you have had the full benefit of the policy (the value of the car) which is why you have not received a refund of paid premiums.
Your premiums will increase as you have made a claim, it is a no claim discount not a no blame discount.
In regards to a hire car, usually this is not covered by your policy, some offer in the event of an accident whilst your vehicle is being repair d and he car is provided by the garage, in your case, no repair means no garage to provide a car. You can usually pay more for a guaranteed car in the event of this type of incident.

MrBrown · 09/04/2019 12:31

The insurance company now own the car if they paid you out. The police will not necessarily know that is the case and it's their process to contact the initial victim of the theft when the car is found. So let your insurance company know and they will go and get the car themselves and pay the fees.

Also very common for insurance companies not to offer courtesy cars for a total loss claim as standard. You have to pay a higher premium for that. This is why you're meant to read what you are and aren't covered for when you buy the policy.