write-off ... where do i stand

[Dayvo]

One of my daughters friends was in an accident a while ago and his car was pretty badly damaged . It was towed to the insurance company to be accessed .The insurance co has taken there time getting back to him ,so his old boss who is a panelbeater was going to go and have a look at the damage to see if it could be fixed . When he asked where the car is they said it was a write-off and could either be at the wreckers or at an auction ,Is this legal ? I thought they had to notify you as to if you car was going to be repaired or written - off , plus he still has some of his personal effects in the car .

[CHEFAI]

By law any personal belongings have to be removed from the vehicle before the car is taken away wherever it goes.

[Not_An_Abba_Fan]

In WA, as soon as the accident is reported and the car is towed, it is the property of the towing company until it gets released by the insurance company. If the tow is organised and paid for by the owner, then it remains the property of the owner.

[CSP]

And not sure on the law regarding notification of the write off, but the insurance company should definitely notify the owner.

[CSP]

In WA, as soon as the accident is reported and the car is towed, it is the property of the towing company until it gets released by the insurance company

That sounds extremely suss! Ownership cannot, AFAIK, change without transfer of ownership papers.

[Not_An_Abba_Fan]

Where an insurance claim is pending it can.

[Silver surfer]

i thought they had to tell you wat was going on with it. My father inlaw was in an acco that wrote off the vs wagon and it went through insurance and he was told that hew could buy it back because once towed it was the towies property

[jules]

That sounds extremely suss! Ownership cannot, AFAIK, change without transfer of ownership papers.

there is no such thing as ownership papers, that i'm aware of (and no, rego is not ownership).

once you make an insurance claim, you empower the insurance company to make the decision about what to do with the car, including writing it off. you can probably withdraw the claim if you want the car back.

[Silver surfer]

there is no such thing as ownership papers, that i'm aware of (and no, rego is not ownership).

once you make an insurance claim, you empower the insurance company to make the decision about what to do with the car, including writing it off. you can probably withdraw the claim if you want the car back.

when you buy a car you sign for everything this taking ownership of the vehicle. these papers being proof of ownership hence ownership papers.

If I was you I would contact fair trading as to your rights they should have given you options. ie buy it back or scrap it

[CSP]

AFAIK, registration is all about registering a vehicle to an owner - i.e. the person ultimately responsible for the car. If there is no finance on the car, the only proof of ownership is a receipt from the seller or the name on the registration documentation.

[Not_An_Abba_Fan]

That is correct. The name on the rego papers is the legal owner of the car, regardless of who finances it. But when an insurance claim is pending, the tow company owns the property, but does not have full registered ownership, until it is resolved by the insurance company. Whether that means writing it off, repairing it or cancellation of an insurance claim.

[Dayvo]

there is no such thing as ownership papers, that i'm aware of (and no, rego is not ownership).

once you make an insurance claim, you empower the insurance company to make the decision about what to do with the car, including writing it off. you can probably withdraw the claim if you want the car back.

From what i can make out from my daughter ,the guy hasn't been told that the car can be fixed ,is a write-off or has the option to buy it back.
It has just disapeared from the insurance workshop with some of his personal effects and knowone can give him an answer to it's whereabouts

[CSP]

From what i can make out from my daughter ,the guy hasn't been told that the car can be fixed ,is a write-off or has the option to buy it back.
It has just disapeared from the insurance workshop with some of his personal effects and knowone can give him an answer to it's whereabouts

I'd get the Police involved in this instance.

[azkwazere]

yeah if no one knows where the car is... police all the way. Insurance companies can deem the vechical as awrite off as they see fit but must inform you.

If they have gona off and done whatever then there at fault.

However, the personal belongings are gone and gone for good. When at an accident, its vital someone scoures the car to remove any and all personal belongings (anything that the insurance company doesnt own... ie. they dont know about it) cos once its on their tow truck... its theirs.

Follow it up though.

aZk.

[Philthy]

When I wrote off my old car I had to sign something almost everytime something happened with it.
I had to sign something when it was first towed, then again when I went and got my stuff out and the holding yard to say they could take it away. Then a few other times after that, but the point is that they couldnt move it from the holding yard until I had signed the form saying I had all my stuff and was happy for them to do what they wanted
They also told me everytime they moved the car just in case there was something left in it

[Not_An_Abba_Fan]

That's the problem with second hand information. Just tell him to ring the insurance company and find out what is happening to his car. If it is the other parties insurance, contact his own and get them to sort it out.

[VLDavo]

i think if it becomes a write off and u dont claim it in a certain amount of time it becomes the towies or the insurance companys .i mean if u have personal affects u can take em out of the car at the time of the crash or go and see the holding yard but if u leave it then yea its gonna be gone.. i used to know the local towie who owned the local holding yard and ive bought a few cars off him where people havnt botherrd to pick up there stuff. ( lol even found half ounce hidden in a written off vl i bought once lol)

[Dayvo]

Ok , the plot thickens . The towie took it upon himself to decide that the car is a write-off and handed the plates in and took the car to the auction place . When i mentioned this to a mate , he said there is a scam where the towies do that even if the car is repairable and buy it cheap , fix it and sell it .The guys at the insurance company refused to speak to the owner of the car , but when he mentioned police and solicitor they said they think that they can track the car down but it might have already been sold.When he asked for his cheque for the car ,again they refused because he hadn't signed the paperwork to sign the car over to the insurance company .so in theory the towie has stolen the car .Stay tuned will post more info as comes to hand.

[dufus]

Ok , the plot thickens . The towie took it upon himself to decide that the car is a write-off and handed the plates in and took the car to the auction place . When i mentioned this to a mate , he said there is a scam where the towies do that even if the car is repairable and buy it cheap , fix it and sell it .The guys at the insurance company refused to speak to the owner of the car , but when he mentioned police and solicitor they said they think that they can track the car down but it might have already been sold.When he asked for his cheque for the car ,again they refused because he hadn't signed the paperwork to sign the car over to the insurance company .so in theory the towie has stolen the car .Stay tuned will post more info as comes to hand.

Now thats a real problem. Best of luck with it, I hope it all gets sorted out.

[HoldenMan7]

thats bullsh1t, i would be seeing a lawyer and getting the police involved aye, if they have sold the car, with out his permission thats just not right, make sure you keep us posted mate

[Philthy]

Ok , the plot thickens . The towie took it upon himself to decide that the car is a write-off and handed the plates in and took the car to the auction place . When i mentioned this to a mate , he said there is a scam where the towies do that even if the car is repairable and buy it cheap , fix it and sell it .The guys at the insurance company refused to speak to the owner of the car , but when he mentioned police and solicitor they said they think that they can track the car down but it might have already been sold.When he asked for his cheque for the car ,again they refused because he hadn't signed the paperwork to sign the car over to the insurance company .so in theory the towie has stolen the car .Stay tuned will post more info as comes to hand.

A similar thing happened with mine now that you mention it.
The towie refused to take the car to the insurance assors because he thought it was a write off, even though the insurance company was telling me i had to send it to them.
In the end I gave up trying to convince the towing company (after about 6 hours on the phone), and told the insurance people to deal with them direct.
In the end an insurance guy had to go see the car at the holding yard because of the stubborn towies