Whats the law with writeoff vehicles

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Originally Posted by bacicat

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

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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.

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

As stated by JDNSW, seek legal advice & add costs

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

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Originally Posted by Mick_Marsh

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

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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

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Originally Posted by Mick_Marsh

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

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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.

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Originally Posted by 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

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Still 2 levels of write off in Vic - What is the Written-off Vehicles Register (WOVR)? : VicRoads

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Originally Posted by d2dave

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.

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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.

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Originally Posted by bacicat

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.

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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.

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Originally Posted by 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.

John

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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?