Whats the law with writeoff vehicles

[Roverlord off road spares]

This is the situation, Son Kris had a no fault accident. we got a quote and it was an economical write off,repairs costing more than the value of vehicle.
We sent a letter of demand with legal action being taken out on other driver.
The other driver is with AAMI.... his insurance towed Kris's vehicle to their accessor.

They agree that it is an economical write off.

They said it is worth $2900. They also wanted us to pay for salvage rights to buy the car back and will cancel the rego and we would have to do a VIV inspection and re register it.

Hang on a minute, They don't own the vehicle and they are not our insurer, so shouldn't we be taking our vehicle. Shouldn't we receive the $2900 as compensation and repair the vehicle ourselves with who we choose.
It smells fishy.
Regards,
Mario

[V8Ian]

Yes, you own the vehicle still. You can have it repaired and claim the cost from the driver at fault but AAMI being AAMI, will give you the runaround and use every dirty trick in the book to shirk their obligation. You have the right to have the car restored to its pre-accident condition, regardless of cost.

[Mick_Marsh]

Don't let them take it. It's not theirs.

If a vehicle is a statutory write off, it cannot be registered again, ever.
Repairable write off, can be repaired.

Don't let them make it a statutory write off.

[Grumbles]

It seems to me it is your car and AAMI is not your insurer so you get to decide what happens including taking immediate possession of it and then taking it to a repairer of your choice for whatever action you decide on.

[AndyG]

I suggest you tell them your going to report it stolen.

[George130]

I would tell them what your selling price is as obviously they want to buy it. It is your car. Do not sign anything. Give them choices that you are happy with. e.g. Replace car with same as he had. Repair car to pre accident standard. They play hard ball as 90-99% of people accept what they say. As suggested have them return vehicle, get it repaired and send the bill to the other driver.

[d2dave]

As others have said, it is your car. The other party has no claim to it and have to pay.

I had an incident almost 30 years ago. It was day three of a four week holiday (honeymoon) when I was involved in an accident it being 100% my fault. We had bomb insurance on our car so our insurance company wasn't interested in ours.

When I arrived home from the holiday I was expecting to find quotes in the mail to forward to my insurance company. To my surprise there were non. About two weeks later, aprox six weeks after the prang, I received a letter from the other party's insurance.

The vehicle had been repaired and there was a demand for repair costs of $12,500.00 Now back then I was of the belief that the other party had to submit two quotes. I spoke to my lawyer who said that the two quotes thing was just courtesy, not law and that yes the other party were in there legal right to fix the car and demand payment.

Unless it is obvious that you are being ripped off you would have a case to contest it, but otherwise it is pay up. In my case I just handed the bill to my insurance and after paying my excess heard no more about it.

[101RRS]

Surely the relationship is between you and the other driver and not their insurer. The relationship with the insurer is with the other driver. It is up to the other driver to make good your damage and how he does that is his issue not yours.

Garry

[Homestar]

You may find the assessors have already placed it on the written off register - and if it has been then there is sod all you can do - it will be a repairable write off by the sounds of it, so with a VIV you can re register it, but it will cost you.

The fact you have not signed anything may not mean anything as far as that goes - they just do it out of course - as mentioned, DON'T let them take the car.

They are a pack of assholes and you'll have to fight every inch of the way! Been through this exact situation. I had an assessor say a tilt tray was already loading it - I told him I'd report the vehicle stolen if it wasn't there when I arrived - he swore a lot and hung up. Got to keep the car though. Repaired it easily, but still needed a VIV as the ****** had already processed it. The fact that they shouldn't have logged it on the written off register meant nothing once they have done it - it is then on a system that only Vicroads has access to to release it from.:mad:

Only option from there is to sue for the cost of the VIV, which would cost you 10 times what the VIV costs...

[Bigbjorn]

I learnt this over several incidents. NEVER, NEVER, have your damaged vehicle towed to anywhere but your own premises if you are not far from home. Pay the towie, get a receipt and claim on your insurance company if you have to. Possession is, as has been said, nine points of the law. You have it and if anyone comes to take it tell them to **** off, this is your property and they are not welcome and police will be called if they don't comply with the property holders request to leave private property right now. Don't let the insurers take it away for quoting. The repairers can come to your place and bill the insurers for their time and travel.

[d2dave]

You may find the assessors have already placed it on the written off register


I am by no means and expert here but if what you say is correct, and I am not doubting you, I am flabbergasted that some one who has no jurisdiction over some one else's property can log it as a write off.

I wonder what recourse you might have if repairing it, getting the other party to cough up the VIV cost.

[JDNSW]

Check that the law in Victoria has not changed recently. I understand that the law has now changed in NSW so that there is no such thing as an economical write off - if it is written off, it is a write off and cannot under any circumstances be reregistered anywhere in Australia.

If this is also the case in Victoria, and it realkly has been written off, the insurer (AAMI) will need to replace it with an identical vehicle; of course, they will not want to do this, and you are likely to have to seek legal action. As suggested, a first step might be to tell them that you are reporting the vehicle as stolen - and actually do this if they do not respond suitably. As also suggested, direct all other correspondence to the owner, not the insurer.

Maybe a first step would be to seek legal advice (and plan to add this to your final bill).

John

[Collins]

As stated by JDNSW, seek legal advice & add costs

[Mick_Marsh]

I don't know how you can report it as being stolen if you gave them permission to take it away.

[101RRS]

I don't know how you can report it as being stolen if you gave them permission to take it away.

And once the police realise an insurance company is involved they will say it is a civil matter, not a criminal matter and not be involved.

Garry

[Homestar]

I don't know how you can report it as being stolen if you gave them permission to take it away.

I took my vehicle to a repairers only so the assessors could look at it - nothing was signed and I gave no permission for the vehicle to be moved or taken. So, in my book, someone taking it in that instance is theft.

[Homestar]

Check that the law in Victoria has not changed recently. I understand that the law has now changed in NSW so that there is no such thing as an economical write off - if it is written off, it is a write off and cannot under any circumstances be reregistered anywhere in Australia.

If this is also the case in Victoria, and it realkly has been written off, the insurer (AAMI) will need to replace it with an identical vehicle; of course, they will not want to do this, and you are likely to have to seek legal action. As suggested, a first step might be to tell them that you are reporting the vehicle as stolen - and actually do this if they do not respond suitably. As also suggested, direct all other correspondence to the owner, not the insurer.

Maybe a first step would be to seek legal advice (and plan to add this to your final bill).

John

Still 2 levels of write off in Vic - What is the Written-off Vehicles Register (WOVR)? : VicRoads (http://www.vicroads.vic.gov.au/Home/Registration/WhatHasToBeRegistered/Written-off+Vehicles/WhatistheWrittenoffVehiclesRegisterWOVR.htm)

[Homestar]

I am by no means and expert here but if what you say is correct, and I am not doubting you, I am flabbergasted that some one who has no jurisdiction over some one else's property can log it as a write off.

I wonder what recourse you might have if repairing it, getting the other party to cough up the VIV cost.

Reporting is mandatory under this system.

"Reporting requirements are defined in regulation 87, 88 and 89 the Road Safety (Vehicles) Regulations 2009.

Insurers, self insurers, auto recyclers/ motor wreckers and Licensed Motor Car Traders (LMCT) are all required to report to the WOVR. "

If you google those regulations it shows penalties apply to companies and individuals for not reporting.

[d2dave]

Reporting is mandatory under this system.

"Reporting requirements are defined in regulation 87, 88 and 89 the Road Safety (Vehicles) Regulations 2009.

Insurers, self insurers, auto recyclers/ motor wreckers and Licensed Motor Car Traders (LMCT) are all required to report to the WOVR. "

If you google those regulations it shows penalties apply to companies and individuals for not reporting.

I understand the mandatory reporting for a vehicle that they are insuring, but when the vehicle is not insured by company X, that company should have no rights over it. It is really no different to me driving along and having a minor prang, say hit a tree at slow speed but wrecked my radiator.

I ring up a flat top to pick it up and insurance company X happens to be driving past and sees it. He stops and makes it a write off.

[d2dave]

Check that the law in Victoria has not changed recently. I understand that the law has now changed in NSW so that there is no such thing as an economical write off - if it is written off, it is a write off and cannot under any circumstances be reregistered anywhere in Australia.

John

My son had his car stolen about three years ago. He was paid out by insurance. It was recovered about six weeks later. He negotiated with the insurance company to buy it back.

The only damage done was the front door trims from just ripping out the speakers. The mags were taken and ordinary wheels with worn tyres were put on it. It was a repairable write off.

So under NSW law a car with damaged door trims can no longer be registered?

[frantic]

My son had his car stolen about three years ago. He was paid out by insurance. It was recovered about six weeks later. He negotiated with the insurance company to buy it back.

The only damage done was the front door trims from just ripping out the speakers. The mags were taken and ordinary wheels with worn tyres were put on it. It was a repairable write off.

So under NSW law a car with damaged door trims can no longer be registered?

Yup blanket law to stop rebirthing and dodgy repairs. My sister-in-laws Mazda under the old rules was a repairable write off after being driven into floodwaters. She took the payout but I still see it every so often but the electricals would be very dodgy. The repairable write off gave an easy way to use stolen cars parts to make thieves cash. Buy an expensive repairable, flog the same model, swap over the vin plate and engine and bingo. This started to come undone with the coded datadot paint, so with a microscope they could tell which car the panels and wheels came from. Also some got so lazy or greedy they didn't swap the engine, just ground the number and others didn't even bother to try and make the vin plates look factory.

[Homestar]

I understand the mandatory reporting for a vehicle that they are insuring, but when the vehicle is not insured by company X, that company should have no rights over it. It is really no different to me driving along and having a minor prang, say hit a tree at slow speed but wrecked my radiator.

I ring up a flat top to pick it up and insurance company X happens to be driving past and sees it. He stops and makes it a write off.


Yeah, I agree with you mate, but if an assessor looks a vehicle for an insurance company - doesn't matter what side of the fence, then if it is deemed uneconomical to repair, then it's gone. All part of the plan to get older cars off the road.

[MLD]

Some of you people are dangerous. Camp fire bush lawyering. To the OP, take entertainment from the posts, ignore their advice on legal matters. If you want advice on your rights, either research it with the authority that governs the issue, Vic Roads or pay for legal advice.

D2dave - still has to qualify as a write off. Speakers and door trim is not going to satisfy an economic write off unless the car is a Datsun 120Y and you have a $50 pair of speakers.

MLD

[Homestar]

Some of you people are dangerous. Camp fire bush lawyering. To the OP, take entertainment from the posts, ignore their advice on legal matters. If you want advice on your rights, either research it with the authority that governs the issue, Vic Roads or pay for legal advice.

D2dave - still has to qualify as a write off. Speakers and door trim is not going to satisfy an economic write off unless the car is a Datsun 120Y and you have a $50 pair of speakers.

MLD

:confused: a bit confused here. Just re read the thread and several people have already suggested getting qualified legal advice, and I can't see anyone that is actually offering legal advice here. Several real life examples, some links to government websites and regulations - including my offerings. Don't see any 'camp fire bush lawyering' at all... And don't see anything dangerous...

[Mick_Marsh]

Some of you people are dangerous. Camp fire bush lawyering. To the OP, take entertainment from the posts, ignore their advice on legal matters. If you want advice on your rights, either research it with the authority that governs the issue, Vic Roads or pay for legal advice.

D2dave - still has to qualify as a write off. Speakers and door trim is not going to satisfy an economic write off unless the car is a Datsun 120Y and you have a $50 pair of speakers.

MLD
Ok. Fair point.
However, what specifically do you take issue with?
Are you saying an insurance company cannot write off a vehicle?
Are you saying an insurance company cannot take and assess a vehicle they will be potentially paying out on?

[frantic]

Some of you people are dangerous. Camp fire bush lawyering. To the OP, take entertainment from the posts, ignore their advice on legal matters. If you want advice on your rights, either research it with the authority that governs the issue, Vic Roads or pay for legal advice.

D2dave - still has to qualify as a write off. Speakers and door trim is not going to satisfy an economic write off unless the car is a Datsun 120Y and you have a $50 pair of speakers.

MLD

Actually that exact thing happened to a bloke I worked with, he had a vb or vc crummydore 308 stock paint/ body expensive speakers and $2500 in flashy wheels and tyres, doing a build on his daily driver. It got flogged, speakers and head unit and amp removed along with wheels and tyres and steering wheel. Found with cheapo retreads and standard wheels. $4000+ Loss on a car now valued at less =economic write off

[Roverlord off road spares]

Thanks for the input, after looking and reading Vic roads rules, it had to be put on the register as the vehicle had been assessed. Even if you were to not follow up and not ask for restitution from the other party, once it has been noted it must be reported.
The repairs are basic, I already scored a front mud guard and 2 rear passenger side doors in the same colour. $280 from the wreckers, need to get a new bumper and indicator. Buy some 2 pack to paint the bumper and get another mag wheel. $400 estimate
I will need to provide evidence that parts have been replaced, so plenty of photographic evidence, and receipts.
I'll need to get a certificate of roadworthiness About $150, and also book a VIV inspection that's $500 odd for the RTA to go over to ensure it's all above board, then $660 for new rego .

It would have been hassle free to have just let the other party off the hook, not persued it, kept my mouth shut and fitted the new panels and kept driving , then we would have a reapired car, and still kept driving and no one would be the wiser.

[Mick_Marsh]

Once all done, send the other party the bill.

[d2dave]

I'll need to get a certificate of roadworthiness About $150, and also book a VIV inspection that's $500 odd for the RTA to go over to ensure it's all above board, then $660 for new rego .


Why new rego. Has it run out?

[Mick_Marsh]

Why new rego. Has it run out?
Written off vehicle, the registration is canceled.
I assume a less than pro rata refund is given?

[Roverlord off road spares]

Why new rego. Has it run out?
just paid rego in march GRRRRR, now will have to pay again, Kris got his rego cheaper with his student health care card, but it only allows 1 vehicle per year, now he'll have to cop the full price of rego.:mad:

This is all because of a road rage incident I posted previously. I reckon the cops have charged the guy and he was very meek when we last spoke to him about his intentions re his insurance KARMA?

[d2dave]

Written off vehicle, the registration is canceled.
I assume a less than pro rata refund is given?

When my son got his car back it was still registered. Shortly afterwards he got a letter from vicroads telling him he had X amount of time to get a VIV and then rego would be cancelled.

From memory I think it was 28 days.