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Can an Insurance company dispose my vehicle without notice

 
Law Denning's Avatar
  • Answered by:Law Denning
  • Solicitor
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  • Accepted Answers: 3843
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in UK Law

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Customer Question

Can an Insurance company "dispose my vehicle without notice" and not to pay the claim amount they offered becouse a copy of my driving licence has not been sent to them please? I lost it together with my ID which I have reported to the police before the accident. Please advice because I really need money for the claim and the car back (or just the money they offered without a car whichever is quicker) First they mentioned on the phone that they could start charging me daily/hourly for the parking of the "write off" car. Cant they simply give the car back? I did not ask for the car to b taken away. They took it from their local garage for an expert to confirm the garage decicion of "uneconomical" repair. I havent been informed where my car is presently. What should I do if my driving licence has been lost and it could take me up to 2 weeks to renew it? (EEC LICENCE) Thank you

 

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Province/Country relating to question : London UK

Already Tried:
I tried to talk to them on the phone after a week they have sent me a letter stating" Please forward us a copy of your licence within the next 7 days, if we do not receive this within the next 7 days we will no longer be able to deal with your claim and dispose of your vehicle without further notice." and tel no with ext. no.

Submitted: 743 days and 9 hours ago.
Category: UK Law
Value: £33
Status: CLOSED
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Expert:  Law Denning replied 743 days and 9 hours ago.

They are not entitled to dispose of your vehicle. It is yours BUT if you delay settling the matter they may charge you for storage.

 

How long ago did you lose your licence?

 

When was the accident?

 

Who is the insurer?

 

Have you written explaining that you lost your licence? Have you applied for another one?

 

Any more info?

 

Thanks

Customer replied 743 days and 8 hours ago.

I lost my driving licence couple days before car incident and have a copy of the police report. The accident took place on 28 of January but received final written offer from them after 2-3 weeks by e-mail. It is "Diamond" insurer. I havent written to them yet, only told them on the phone after which they sent the 7 day deadline letter. I havent applied for another driving licence yet hoping I would find it but I havent. I will apply today only am sure it will take them up to 2 weeks to issue a new one and I may need to pick it up in person coz often they dont allow authorisation letters. They "arranged to move the car to a place of free storage" from their local garage without my permission (only informed me afterwards) and now want to charge. Can they bring the car to my house instead of charging a fee for "storage". The salvage fee1300£ for Mercedes Ml front damage is not high and Im sure I could fix it or sell for much more. Can they not do it and still charge me only because I cant send a copy of my driving licence yet?

Accepted Answer

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Expert:  Law Denning replied 743 days and 8 hours ago.

You are entitled to take the car but you would need to collect at yr own expense.

The car belongs to you until you agree that they can dispose of it.

Write immediately by recorded delivery telling them that the car is yours and that they must not dispose of it and that you will collect it.

J

Expert TypeSolicitor
Category: UK Law
Pos. Feedback: 97.1 %
Accepts: 3843
Answered: 3/24/2011

Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice

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