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Ben Jones
Ben Jones, UK Lawyer
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I had a non-fault accident last December and taken my wife's

Customer Question

I had a non-fault accident last December and taken my wife's car to accident claim management company for storage, engineer report, arranging car hire, arranging solicitor to deal with claim.
The car worth 41K and is in my wife’s name (registered keeper)
when their engineer report came out it was total loss and they got me to sign their paperwork to act on my behalf.
The claim management company immediately sold the salvage before the third party insurance accept that the car is not repairable.
Now here is the problem, the third party insurance doesn’t think the car is a salvage and after 4-5 months they want to pay £11K for the repair of vehicle.
The claim management company should have waited until it is officially declared as salvage before selling that but they didnt.
1-The claim management company had put me in touch with a solicitor and they only want to deal with personal injury. the solicitor is not willing to take any action and clearly told me they will not get involved in retrieving my car, taking third party insurance to court to enforce full payment.
2- The engineer who claims having 70years experience, has included elements in his report which has nothing to do with declaring a car as writeoff (including hire charge, diminution of value) he only included these to justify the write off
3- The claim management company had the V5 but the car is in my wife's name and she never signed the V5
4- there is 41K outstanding finance on the car and it make no sense for me to agree giving it for salvage price of 13.5K
5- I know they have sold it internally, I have seen the car in their premises few time
6- I have informed police but the police don’t see this as a crime and think it is civil matter so I couldnt retrieve my car by contacting them
7- I tried to ask BMW finance company to get the car back but rather than helping me they say I need to pay the full amount of 41K to them soon as possible
if I accept 11k from third party insurance I am out of pocket by 31K
Can you help me please ?
Can I make a claim against the engineer whose report was totally wrong and caused me loose money?
Can I force the third party insurance to accept the report from the first engineer which says total loss?
I dont really know where to go from here, I cant even bank the cheque from third party for 11k as interim, I have been told that means the claim is settled and I loose my rights.
please help
Submitted: 2 years ago.
Category: UK Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
A claims management company is generally only used for uninsured losses. I presume a car of this value was comprehensively insured. Why is your own insurance company not settling the pre accident value of the car?