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Stolen Car query

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  • Sofaloafer
    started a topic Stolen Car query

    Stolen Car query

    I was recently involved in a car accident that wasn't my fault and the other driver admitted liability. My car was only insured third party so I decided to go ahead independently of my insurance and claim for the value of my car. However about three weeks after the accident took place my car was taken from its parking spot outside my home. I was going to scrap it but had been advised that it would need to be inspected for insurance purposes, before any settlement could be paid. Obviously with the vehicle now having been stolen this is not going to happen.

    The third party insurers have written to me saying that they are not liable for any payment as the car has been stolen. My counter argument to them is that this fact is irrelevant as their driver had already admitted liability for the accident so I am perfectly within my rights to claim against his insurance. The police and fire service declared my car a write off at the scene and I have photos and video footage of the accident.. it's black and white as far as I am concerned.

    I would be really grateful to get some feedback on this.

    Many thanks,
    Robert.
    Tags: None

  • des8
    replied
    They are talking bovine excrement!
    You are correct.

    So you now write to the third party and tell them that as they wrecked your car you require them to pay the value the car had at the time of the incident. Its value can be ascertained by reference to adverts etc for similar vehicles.
    Tell them that if you are not reimbursed you will issue a county court claim against them personally as their insurers are declining to pay.
    Suggest he sends a copy of the letter to his insurers.

    Although he has subrogated his rights to his insurers he is the one to sue.
    His insurers will organise his defence, and their right to inspect a vehicle stolen after the event will not be much of a defence!

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