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My wifes car was involved in an accident just before xmas.

Customer Question
My wifes car was...

My wifes car was involved in an accident just before xmas. The insurance company sent it to a place of their choice for assessment. When they notified us they were going to pay us out rather than fix it, we opted to purchase the vehicle back from them to fix ourselves. While the vehicle was in their care the car was damaged and had items stripped from the vehicle and not returned. Are they responsible for replacing the stolen items and fixing the additional damage(not the accident damage) while tne vehicle was in their care?

Lawyer's Assistant: What state are you in? And is a local attorney or other consumer protection advocate helping with this?

I am in NSW and havent spoken to anyone else about it due to the time of year. I phoned the insyrance company who said no one would be back before January to call us back.

Lawyer's Assistant: What steps have you taken so far?

I have taken photoes and am putting together a list of items taken as well as tbe damage. I have spoken to tne claims department and they say they emailed the assessors who should get back to me in January when they return to work.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, thats it i think

Submitted: 1 month ago.Category: Australia Law
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Answered in 5 minutes by:
12/29/2017
Solicitor: John Melis, Lawyer replied 1 month ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 1,704
Experience: Principal Lawyer at Legal AU Pty Ltd
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Dear customer, my name is***** solicitor in Melbourne, thank you for using Just Answer, I will assist with your question today.

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Solicitor: John Melis, Lawyer replied 1 month ago

once an insurance claim is made, and the insurer is in possession of the vehicle, the insurer technically owns the car, as in your case the gave you the option to be paid out.

Until you took possession of the car what ever items were stripped from the vehicle is at the discretion of the insurer.

was the car consider a "write off" ?

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Customer reply replied 1 month ago
On their books, but due to tne cars age it is not reported and can be fully registered again.
Solicitor: John Melis, Lawyer replied 1 month ago

ok the issue in your question is whether the insurer can strip the car.

unless there is some form of written agreement between the insurer and owner, the insurer is entitled to possession and the right to strip the car and present the car back as stripped.

did you have anything in writing from the insurer ?

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Customer reply replied 1 month ago
No, when I phoned them to find out what was happening because they didnt get back to us I made it clear straight away that we wanted the car back. I was told that it would be sent back to me for $500 off the payout figure and that it should come back in the same condition as it was given to them. The only additional damage there may be is if it was moved by a forklift. They made no mention of having anything removed from tne vehicle. I would have thought the vehicle as still being mine until such times as they had paid me out, which they hadnt done at the time they took tne $500 for me to take posession of it again.
Solicitor: John Melis, Lawyer replied 1 month ago

ok.

would you like to talk on the telephone.

i have extended a special offer to you to consider.

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Deborah Awyzio
Deborah Awyzio
Deborah Awyzio, Solicitor
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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