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Insurance Write Off Question

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  • 14-11-2007 9:45pm
    #1
    Ronanom
    Closed Accounts Posts: 407 ✭✭


    Question...
    A friend of mine just found out that the car he bought privately was an insurance write off and has since been repaired (unknown to him at the time)

    Now I know that for a car to be bought back from the insurance company to be repaired has to undergo a test and a road worthyness cert is obtained.

    Just wondering where he stands in trying to get his money back IF this cert had indeed been obtained by the seller (he doesn't know if such exists yet)
    He asked at the time had the car been crashed to which the seller replied "no" and there was no mention of any certificate etc..

    ?


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    #2
    drdre
    Closed Accounts Posts: 8,245 ✭✭✭drdre


    Ronanom wrote: »
    Question...
    A friend of mine just found out that the car he bought privately was an insurance write off and has since been repaired (unknown to him at the time)

    Now I know that for a car to be bought back from the insurance company to be repaired has to undergo a test and a road worthyness cert is obtained.

    Just wondering where he stands in trying to get his money back IF this cert had indeed been obtained by the seller (he doesn't know if such exists yet)
    He asked at the time had the car been crashed to which the seller replied "no" and there was no mention of any certificate etc..

    ?
    Your friend cant do much as he should have got it checked out.Its very easy to get written off cars fixed.I know some company's over state the damage even though there is not much and can be repaired.I know that for a fact.E.g insurance company wrote off a civic saying theres 3k damage whereas it was fully fixed for 150 euro.once sold there was just under 4k profit.

    What test does it have to undergo.I have never heard of that?


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    #3
    crotalus667
    Registered Users Posts: 1,900 ✭✭✭crotalus667


    Ronanom wrote: »
    Question...
    Just wondering where he stands in trying to get his money back IF this cert had indeed been obtained by the seller (he doesn't know if such exists yet)
    He asked at the time had the car been crashed to which the seller replied "no" and there was no mention of any certificate etc..

    ?

    The seller was obliged to tell him, the fact he lied about it makes it worse , to cut along story short you freind is intieteld (wow I spelt that badly) to every cent back plus any expences he has incured , a letter from a legal mad normaly does the job (no lawyer in their right mind will advise the seller to fight it in court)


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    #4
    Ronanom
    Closed Accounts Posts: 407 ✭✭Ronanom


    drdre wrote: »
    Your friend cant do much as he would have got a payout from the insurance company.Then they sell the car on to get there money.
    I know some company's over state the damage even though there is not much and can be repaired.I know that for a fact.E.g insurance company wrote off a civic saying theres 3k damage whereas it was fully fixed for 150 euro.once sold there was just under 4k profit.

    What test does it have to undergo.I have never heard of that?

    AFAIK it goes up on a jig and is checked by an engineer and a certificate of road worthyness is obtained.


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    #5
    Ronanom
    Closed Accounts Posts: 407 ✭✭Ronanom


    crotalus667 wrote: »
    The seller was obliged to tell him, the fact he lied about it makes it worse , to cut along story short you freind is intieteld (wow I spelt that badly) to every cent back plus any expences he has incured , a letter from a legal mad normaly does the job (no lawyer in their right mind will advise the seller to fight it in court)

    Even though it was a private sale? What about buyer beware etc etc?


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    #6
    drdre
    Closed Accounts Posts: 8,245 ✭✭✭drdre


    Ronanom wrote: »
    AFAIK it goes up on a jig and is checked by an engineer and a certificate of road worthyness is obtained.

    Yeah i know an engineer goes out but im talking from experience that written off cars can easily be fixed.I dont know what insurance companies are at.


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    #7
    drdre
    Closed Accounts Posts: 8,245 ✭✭✭drdre


    Ronanom wrote: »
    Even though it was a private sale? What about buyer beware etc etc?

    Once its a private sale.theres no comeback as mentioned on this forum many times


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    #8
    meathstevie
    Registered Users Posts: 4,772 ✭✭✭meathstevie


    Depends what the exact nature of the write off was...on a new Range Rover it's probably structurale damage to the tune of 70K... On a 15 year old Micra i could be a wing that needs replacing and a paint job to the tune of 1k.. . Write off's are a purely financial decission by an insurance company, depending on the nature of the damage and the value of the vehicle.


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    #9
    crotalus667
    Registered Users Posts: 1,900 ✭✭✭crotalus667


    drdre wrote: »
    Once its a private sale.theres no comeback as mentioned on this forum many times


    I recall a teacher of mine getting every penny back any way in this case the seller lied which means he dosent have a leg to stand on if it goes to court


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    #10
    ballooba
    Registered Users Posts: 6,315 ✭✭✭ballooba


    crotalus667 wrote: »
    I recall a teacher of mine getting every penny back any way in this case the seller lied which means he dosent have a leg to stand on if it goes to court
    Non disclosure is not a lie. You always ask when buying a car if it has been crashed. They cannot lie, but if you don't ask then you have no comeback. In this case he did ask and the seller said no, which is a lie. The buyer is covered. It's a good lesson for others.


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    #11
    drdre
    Closed Accounts Posts: 8,245 ✭✭✭drdre


    crotalus667 wrote: »
    I recall a teacher of mine getting every penny back any way in this case the seller lied which means he dosent have a leg to stand on if it goes to court
    But the million dollar question is did the buyer ask the seller is this a write off.If not then nothing can be done.He doesnt have to tell the whole car life story unless asked.


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    #12
    Ronanom
    Closed Accounts Posts: 407 ✭✭Ronanom


    ballooba wrote: »
    Non disclosure is not a lie. You always ask when buying a car if it has been crashed. They cannot lie, but if you don't ask then you have no comeback. In this case he did ask and the seller said no, which is a lie. The buyer is covered. It's a good lesson for others.

    He did ask, but whats to stop the seller from saying that he didn't?

    Am I right in assuming that a Cert of Road Worthness is REQUIRED before you can sell the car on? Wher would records be kept on such a certificate?

    Ta


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    #13
    drdre
    Closed Accounts Posts: 8,245 ✭✭✭drdre


    Ronanom wrote: »
    He did ask, but whats to stop the seller from saying that he didn't?

    Am I right in assuming that a Cert of Road Worthness is REQUIRED before you can sell the car on? Wher would records be kept on such a certificate?

    Ta

    I dont think you need a road worthiness cert.The only thing like that is Nct and you can have that even if the car is written off.


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    #14
    JohnCleary
    Registered Users Posts: 10,210 ✭✭✭✭JohnCleary


    Ronan - Messy area. Private sale.

    The buyer can kick up a fuss, how did the buyer find out it was a write off? Was it a UK write off? What Cat writeoff?

    How can the buyer prove that the seller knew it was crashed? Seller can just claim he never knew, and look as shocked as the buyer.

    Buyer beware, should have had the car checked out before he bought.

    What car was it BTW, so I know not to buy a lemon myself.

    -Edit- Just thought i'd add my own opinion. I feel that a Private Sale is SOLD AS SEEN, take it or leave it. If you want peace of mind (well, sort of), go to a dealer and pay the premium, and get a warranty etc. (I know there's also dealer cowboys out there but you've a much better comeback)


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    #15
    drdre
    Closed Accounts Posts: 8,245 ✭✭✭drdre


    JohnCleary wrote: »
    Ronan - Messy area. Private sale.

    The buyer can kick up a fuss, how did the buyer find out it was a write off? Was it a UK write off? What Cat writeoff?

    How can the buyer prove that the seller knew it was crashed? Seller can just claim he never knew, and look as shocked as the buyer.

    Buyer beware, should have had the car checked out before he bought.

    What car was it BTW, so I know not to buy a lemon myself.

    -Edit- Just thought i'd add my own opinion. I feel that a Private Sale is SOLD AS SEEN, take it or leave it. If you want peace of mind (well, sort of), go to a dealer and pay the premium, and get a warranty etc. (I know there's also dealer cowboys out there but you've a much better comeback)

    I agree with you 110%.


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    #16
    Ronanom
    Closed Accounts Posts: 407 ✭✭Ronanom


    drdre wrote: »
    I agree with you 110%.


    There's no such thing as 110%


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    #17
    Guy:Incognito
    Registered Users Posts: 38,247 ✭✭✭✭Guy:Incognito


    Ronanom wrote: »
    There's no such thing as 110%


    OOOOO check out the maths wizz.
    120% so


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    #18
    drdre
    Closed Accounts Posts: 8,245 ✭✭✭drdre


    Ronanom wrote: »
    There's no such thing as 110%
    Ok mister smart arse :)
    I meant 100%


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    #19
    Ronanom
    Closed Accounts Posts: 407 ✭✭Ronanom


    drdre wrote: »
    Ok mister smart arse :)
    I meant 100%

    He went back to the guy he bought it off and was told he can get his money back, he "could have sworn" he mentioned it had been crashed..

    Apparently he wasn't able to get full insurance (he had temporary for a month from hibernian) because the car was deemed non repairable


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    #20
    JohnCleary
    Registered Users Posts: 10,210 ✭✭✭✭JohnCleary


    Ronanom wrote: »
    He went back to the guy he bought it off and was told he can get his money back, he "could have sworn" he mentioned it had been crashed..

    Apparently he wasn't able to get full insurance (he had temporary for a month from hibernian) because the car was deemed non repairable

    Was it a UK car?
    How was it written off? Structural or economic?
    And what car was it?


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    #21
    Ronanom
    Closed Accounts Posts: 407 ✭✭Ronanom


    JohnCleary wrote: »
    Was it a UK car?
    How was it written off? Structural or economic?
    And what car was it?

    Can't remember what he told me on the phone..

    I'll tell ya again Niall


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    #22
    chaz85
    Closed Accounts Posts: 3 ✭chaz85


    not sure how u can check that its a insurance write off....i have one, minimal damage, checks out on all car checks (eg cartell.ie), no problems wit insurance....

    insurance write offs can be a bargain if ur willing to take the risk IMHO, some insurance companies jus can't be arsed, best to kno history of the damage if possible tho.

    lesson learned from ur mate OP, always get sum one who knows what there talkin about to look at it, especially wit a private sale!


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    #23
    jimmycrackcorm
    Registered Users Posts: 14,339 ✭✭✭✭jimmycrackcorm


    An insurance write-off can occur even with with very minor damage. Insurance companies have very strict criteria about what they will or won't repair. Some insurers will replace new for new in the first year once the repair cost goes over €4000. That amount might barely cover the repair for a new bumper, lights and a wing on an expensive car.


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    #24
    Eoin
    Registered Users Posts: 21,256 ✭✭✭✭Eoin


    drdre wrote: »
    Once its a private sale.theres no comeback as mentioned on this forum many times

    It's not that black and white, it depends on what the buyer asked the seller and how truthfully they answered. More here.


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    #25
    JohnCleary
    Registered Users Posts: 10,210 ✭✭✭✭JohnCleary


    eoin_s wrote: »
    It's not that black and white, it depends on what the buyer asked the seller and how truthfully they answered. More here.

    The problem there is proving what the buyer/seller asked...


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    #26
    lafors
    Registered Users Posts: 4,316 ✭✭✭lafors


    Ronanom wrote: »
    There's no such thing as 110%

    Of course there is :rolleyes:

    "Although percentages are usually used to express numbers between zero and one, any dimensionless proportionality can be expressed as a percentage. For instance, 111 % is 1.11 and −0.35 % is −0.0035."

    So basically he agrees with the last person 1.1 times :P


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    #27
    drdre
    Closed Accounts Posts: 8,245 ✭✭✭drdre


    lafors wrote: »
    Of course there is :rolleyes:

    "Although percentages are usually used to express numbers between zero and one, any dimensionless proportionality can be expressed as a percentage. For instance, 111 % is 1.11 and −0.35 % is −0.0035."

    So basically he agrees with the last person 1.1 times :P
    Excellent :)


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