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Son of a Beesting

Legalities of buying car back after being written off

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Hi

 

I just spoke to my insurance company (Brentacre) who told me I need to speak to Claimtek who deal with my claim. The car was a CAT D write off and I wanted to buy the car back. But I have been told by Claimtek that they dont allow customers to buy their cars back!!

 

Where do i stand on this legally. Do they have to offer me the chance to buy the car back?

 

I am a bit pee'd as the guy just sounded like he didnt care.

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This is only based on my understanding but AFAIK they don't have to do anything. I think they effectively buy the car off you and they can then do what they want with it thereafter. I don't think you have any 'rights' as it's no longer your car but most insurance companies recognise that it's easier to sell the car back to the owner so they don't have the hassle of selling it to a scrappy.

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Have you accepted their settlement figure yet?

 

Andy

 

 

No, I only found out last night that they would write it off. Got a call this afternoon saying they were in the area and they would come and get the car. I havent even got the first letter yet from them. I told them I wouldnt give them the car yet. I am not going to give up just yet.

 

I am very upset if they wont let me buy the car back. I was more than happy with brentacre, now I find that the company they hire to look after claims does this I wont be going back. And I wont be recommending them to anyone either.

 

As its my car can i take stuff out before I accept their offer? (like the interior?). Then they can come and collect whats left??

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I'm pretty sure that until you accept a settlement offer the car is still yours.

 

If the inspector has been to see it then you're not mean't to change the car at all but I'm pretty sure they wouldnt notice you swapping anything over. I was told by the insurance company that the buy back figure was 12% of the settlement value, but I guess it's different for every company.

 

Just keep fighting your corner and they'll give in in the end. Good luck!

 

Andy

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If you haven't received an offer of payment under their write-off terms, you still own the car. Basically they have committed to buy the car off you in the event of a claim being made. Once they own the car, you are bound by whatever terms they decided upon when you signed the conrtact (and signed off the write-off terms), but while you still own the car you can

 

a) push up their offer so it makes it more likely they would change their mind and get it repaired

b) offer to buy it back from them .. whether they "don't do that" or not, they may well be persuaded if you're going to make their lives difficult otherwise ...

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So if i go and take parts off the car now it wont make any difference to the settlement.

 

No one from the insurance company has seen the car yet.

 

I can see this dragging on for months. If I had known that I wasnt allowed to buy the car back under brentacre insureance I would not have gone with them. I wont renew my insurance through them again.

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if you go and remove the interior they will argue that the price they are willing to pay you for the write off should be lower. I think the idea of agreeing a final total with you (in principle) is that is the value the car is worth, obviously a car without an interior isn't worth as much as one with one, and they'll obviously knwo you weren't driving it like that.

 

as said above, try to reason with them, the guy at the call centre for the majority of compaies won't care personally what happens, so maybe go above that level.

 

good luck!

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if you go and remove the interior they will argue that the price they are willing to pay you for the write off should be lower. I think the idea of agreeing a final total with you (in principle) is that is the value the car is worth, obviously a car without an interior isn't worth as much as one with one, and they'll obviously knwo you weren't driving it like that.

 

as said above, try to reason with them, the guy at the call centre for the majority of compaies won't care personally what happens, so maybe go above that level.

 

good luck!

 

I was going to swap it for the manky mk3 gti interior i have in the garage. But i dont think the rear seats will fit :(

 

Thanks I will need all luck i can with insurance companies!

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Got the first offer..........£1750.

 

Obviously not going to accept this so writing back and sending some current ads and a photcopy of some of the bigger bills.

 

So begins the LONG process of getting decent money for the car :(

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UPDATE:

 

After a few months of no news from insurance company. They phoned up the garage that was going to do the work to agree that it was worth repairing and work could start ASAP!

 

So glad I kept at it and didnt give in to their rubbish offers. So I am after parts now. It will be put back to a high standard and up for sale as I just brought a CBR600.

 

So it will be sale soon.

:(

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