Whats the law with writeoff vehicles

**frantic** · 24th June 2014, 11:06 AM

Originally Posted by d2dave

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** · 24th June 2014, 11:41 AM

Originally Posted by d2dave

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** · 24th June 2014, 05:09 PM

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** · 24th June 2014, 05:22 PM

Originally Posted by 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

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** · 24th June 2014, 05:26 PM

Originally Posted by 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

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** · 24th June 2014, 05:59 PM

Originally Posted by 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

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** · 24th June 2014, 06:36 PM

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** · 24th June 2014, 07:01 PM

Once all done, send the other party the bill.

**d2dave** · 24th June 2014, 08:35 PM

Originally Posted by Roverlord off road spares

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** · 24th June 2014, 08:42 PM

Originally Posted by d2dave

Why new rego. Has it run out?

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

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