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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To ask if anyone is an expert in car insurance/write offs

32 replies

HollaHolla · 15/01/2020 21:09

Posting for traffic......
I have a lengthy saga of a non-fault accident (hit in rear whilst stationary) being a screw-up at all stages, but the latest is one which is beyond all others, and hoping someone can please help. Everywhere closed by the time I got home and received the letter, but I’m on flights for most of the next two days. :(

I was stopped (random breath check) over the Xmas period, and as part of the checks, the police told me my car had been registered scrapped 2 years ago. I was horrified - it’s been raced, insured & MOT-ed twice since then.

I called DVLA within an hour, and they couldn’t work it out. They’ve sent me a letter today, saying it’s a Cat A write off, and I have to take it to be crushed within 14 days! I’m really anxious and upset about this (obviously) there’s been an error made - but I only had 28 days from the date of notification to DVLA to contest it.

I’ve emailed to the insurance company tonight , as everywhere shut at 8, and I only got in at 8.30..... hoping someone of the wise mumsnet collective is able to advise on getting this error overturned - and whether I can drive it?! DVLA said yes a fortnight ago, but now really worried. Need to be at airport for 4.30am! Argh!!

OP posts:
Original poster
HollaHolla · 15/01/2020 21:09

taxed. Not raced. 🤦🏻‍♀️
Sorry - and thanks

OP posts:
Original poster
HollaHolla · 15/01/2020 21:31

Bump to keep on front page. Please.

OP posts:
loutypips · 15/01/2020 21:41

You need to contact the insurance company who were insuring you at the time of the accident. They may have mistakenly marked it as a write-off, or not paid out on the car if it should've been written off.

Original poster
HollaHolla · 15/01/2020 21:50

Thanks. That’s what I’m trying to do. :( It was a cracked back bumper and light. Certainly not scrap.
Does anyone know if I can drive it legally in the AM?

OP posts:
Lockheart · 15/01/2020 21:55

OP, with the best will in the world, all you'll get on internet forums is half-baked (and in all likelihood incorrect) advice from people who have very little idea of what they're talking about.

You need to speak to a professional in real life, but if that's not possible and you won't drive the car then you need to make alternative arrangements to get to the airport in the morning.

Gertie75 · 15/01/2020 22:03

Dh is an vehicle damage assessor and he said Cat A is total write off with no salvageable parts or too contaminated with blood.
He said the insurance company who you were with have to remove the mistake and get something in writing to prove to the police.
You can get a "My after check" or Experian check yourself to double check what the police said is true and a copy of the work carried out.

Original poster
HollaHolla · 15/01/2020 22:13

@Gertie75 - huge thanks. So it sounds like it can be resolved. I’ll contact my (frankly incompetent in so many ways) insurance company from 2 years ago, when I get to Singapore at some point tomorrow.
I'm trying to see if I can get a taxi the 40 miles to the airport tomorrow AM.
Much appreciated

OP posts:
Original poster
HollaHolla · 15/01/2020 22:15

Ps. Don’t insure with esure. Moral of this tale.

OP posts:
safariboot · 15/01/2020 22:20

Not an expert but my suggestion, park the car securely off the road somewhere. Failing that, on the road somewhere you know a friend will look out for it. My fear is if it's parked in an airport car park it might be towed and crushed before you can object to it.

Do you have motor legal protection with your current insurer? If so that might be worth pursuing.

Did you own the car on the date it was allegedly written off? If so, does it correspond with any known incident or accident? And is there any finance outstanding on it?

Original poster
HollaHolla · 15/01/2020 22:30

Thanks - @safariboot that’s my worry about an airport car park. I’m going to leave it outside my house, and get my mum to keep an eye. I’ve owned it for 5 years, bought in full with cash. I bought it from a family member who has had it from brand new.
Yes - I was in a non-fault accident in 2018. I was hit whilst stationary at traffic lights. There was no question it wouldn’t be fixed as the damage was minor. I got the paperwork for the repair, etc., and a letter saying it was non-fault and closed. What mystifies me most is that I’ve been able to tax, insure and mot it twice since then. No issue anywhere, including from DVLA. Could do without this the night before a work trip. At least it sounds like it’s possible to get errors rectified. I’ve not long paid out quite a bit for repairs as I was planning on keeping it. :(

OP posts:
ellelikespizza · 15/01/2020 22:50

Hello OP,

Work in insurance so hope I can help.

I think what has happened here is that your insurer or the insurer of the third party vehicle has registered the incident on MIAFTR as a CAT A when your vehicle was likely only a CAT N or S if there is only damage to the bumper. This report then gets sent onto the DVLA. Unfortunately I do not believe this is something that can be undone as it will be recorded as scrap with the DVLA.

I would follow instructions of DVLA and then contact the claims department and confirm who logged the vehicle as a CAT A and then contact the complaints department of the insurer who logged it.

They will need to compensate you for the loss however if you have already been paid out the market value of the vehicle this will likely just be compensation for their error and not the cost of the vehicle again.

Hope this helps

MAFIL · 15/01/2020 23:03

I haven't got any expert advice sorry Holla but I just wanted to send some moral support as I have had a lot of dealings with insurance companies in the last few years and they have all been absolutely useless. I was involved in a serious RTC a while ago and my car was a Cat A write off and I can say that without any doubt it could never have been driven again. By contrast, my DH also had a car written off shortly afterwards. He was hit whilst stationary and the damage was really only cosmetic but because it was an old car it was uneconomic to repair and so was a category S write off (We got an old banger as a stand in for my car til the insurance was sorted and I had money for a proper one....we didn't have a lot of luck that year.) It sounds to me, like someone has made a clerical error when filling in the paperwork for your car and it was probably meant to be an S. I find it hard to believe that the assessor made the mistake of thinking your car was a Cat A - more likely it was a typo.
It is really weird that it has taken so long for this error to show up, but honestly, after my experiences nothing surprises me about insurance companies. My story is peppered with oversights, cock ups, incompetence and huge fat lies at almost every turn. I have had to fight the people who are allegedly on my side nearly as much as the opposition. Its like a pantomime virtually. If I wrote it out people wouldn't believe me. But justice is finally being done. The moral of my story is to question everything and be persistent. Keep calm, get the name of everyone you speak to and get everything confirmed by email so you have a paper trail. Nobody is really on your side except you, but if you keep at it you should get there in the end.
I hope you get things sorted out properly vety soon.

Ariela · 16/01/2020 00:11

It is worth noting that 'A' and 'S' are adjacent on the keyboard.....

Original poster
HollaHolla · 16/01/2020 07:16

Thanks folks for the additional support. I left it at my parents house, on their drive. I should add that there was never any question at any time of the car being a write off. It’s all a big fat mess, and sorry to hear others have had this experience. Currently in Heathrow, waiting for the delayed connecting flight, so going to call insurance at 8, when they open. Hoping I can get the ball rolling before I have to board at 8.30.

OP posts:
GetMeOffThisCycleOfMisery · 16/01/2020 09:02

OP please contact Tim Kelly at www.motorclaimguru.co.uk

He's a car insurance consumer champion. He's helped me and my dad out with car insurance issues recently.

He doesn't charge for his services and is like a dog with a bone when he gets started.

Let me know how you get on.

Original poster
HollaHolla · 16/01/2020 18:08

@GetMeOffThisCycleOfMisery thank you!! I’ll look at that site. Just arrived at hotel, and looking at responses, so hoping I’m going to be able to move this on. My insurer say it wasn’t them - it seems like it was the insurer of the van that hit me. My car was never a suggestion of any type of write off - it was repaired and returned to me - so I’m mystified. Will need to contact the other insurer now. Sigh.....

OP posts:
GetMeOffThisCycleOfMisery · 18/01/2020 15:35

@HollaHolla Tim is a legend. Very, very well versed on the law, he really knows he's stuff. I really hope he can help you.

cheeseisascheesedoes · 20/01/2020 14:44

What was the outcome, OP!?

Duckduckduck123 · 20/01/2020 15:36

What happened?

Original poster
HollaHolla · 20/01/2020 23:51

Well.... the saga continues. It was the insurer of the other vehicle who reported it as scrap. The category listed means it can’t be used for parts, and is so mangled (or covered in human remains) and should be crushed.

My insurance company are incredulous. I’m still calling/emailing at least twice daily to get movement on this. The other insurer say they won’t consider a complaint, as I’m not their customer. But yet, they can record my car incorrectly on the master database.

@GetMeOffThisCycleOfMisery - I’ve contacted Tim, and he's sent some emails, without success as yet. He reckons we can sue on some grounds around denying me my vehicle. I think I might do it, even though he charges a fee - as I just can’t believe how they think all this is ok!!!

OP posts:
Original poster
HollaHolla · 20/01/2020 23:52

Ps. My car was never mangled or covered in human remains, so it’s so very obviously a clerical/human error. Getting it resolved is like pulling teeth tho. 😖

OP posts:
ellelikespizza · 21/01/2020 11:31

@HollaHolla before paying this man a fee I'd follow the complaints procedure of your insurer - 8 weeks for them to resolve and then escalate it to the financial ombudsman. They should be able to get you the compensation you need without having to pay legal costs etc.

GetMeOffThisCycleOfMisery · 21/01/2020 11:32

@HollaHolla o hope Tim can help without but getting to sueing stage. He's very good.

Original poster
HollaHolla · 21/01/2020 12:01

Thanks all. Unfortunately they are refusing to consider a complaint, as I wasn’t their customer. Yet they are able to salvage a car they don’t own!!! It’s become ridiculous. 🤦🏻‍♀️

OP posts:
alliwantisabitofpeace · 21/01/2020 14:05

Tim is just helping me with my insurance saga with Hastings trying to write my car off.. He's been brilliant and its now booked into a garage after Hasting tried telling me they will not change their "stance" on the matter.. well Tim got involved and now they have!

4 Months we have been fighting them on my non fault claim! Outrageous.