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.