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Insurance wrote my car off 2 years after accident occured



  Yozza'd RB 182 Cup
This is a long, and confusing situation however I'll try explain it best I can.

I bought my car last year privately it was a good buy, 38K miles on the clock 2004 1.2 Dynamique. Had little service history but didn't bother me too much as I didn't have enough money to be picky when it came to buying a car.

I did an HPI check when I bought the car - £10 of good money spent checking the history and it came out completely clear so I went ahead with the purchase, got the car, insured it, drove off happy. Received the V5 document a week later and couldn't be happier with the little car I had purchased.

I flew it through the MOT this year, now with 45K miles, I still thought my car could fetch decent enough money so I went to put it on Autotrader - oh no, Autotrader disallowed the sale as it was listed as a Cat A. I was furious, hoping this was a mistake I paid for another HPI check and lo and behold, the car was written off in 2011 as a Cat A, pulled a few strings, phoned a few companies and it was actually a Cat C, and now have the scrappage marker and the Cat A completely removed from the MAIFTR database (or whatever it is).

I then phoned my previous insurance company, who did some research in to what happened during last year, they came back to me the next day and told me this: "Your car was not written off at the time when you insured it, as we personally do HPI checks on all cars that are insured with us. It was updated as written off June/July 2013 by RSA as being written off in 2011".

I called RSA and they simply said "you've been very unlucky and to take my loss" (for however little I can sell the car for now). Where do I stand? I've bought a car which I've thought was fine and then half a year later was written off 2 years after the accident had even occurred - I even had a completely clear V5 document which didn't say there had been any accident damage what-so-ever.

What can I do? Do I seek legal advice, or so I just bite the bullet?

Edit: Oh, and now I also have to spent £41 on a VIC check along with taking a few hours off of work to do it! Agh.
 
  Yozza'd RB 182 Cup
Nope, I didn't crash it, didn't even know it had been in an accident until a week ago. I owned the car from April 2013 and the crash occurred in September 2011, however wasn't updated on the database until July 2013.
 
  Yozza'd RB 182 Cup
Previous owner didn't know it was a write off either, I have his HPI check that he carried out on the car too :(
 
Last edited:
  Suzuki Jimny
Oh that's not very good. What's the point of doing a hpi check if it doesn't get updated for years?
 

JamesBryan

ClioSport Club Member
Surely there is some sort of compensation to be had from the HPI people.

I thought that once you've done a check with them and the car is clear, then it's 100% guaranteed?
 
  Yozza'd RB 182 Cup
There would be if it wasn't 12 days after the 1 year guarantee period... :banghead:

Will be trying to claim anyway.
 

GrahamS

ClioSport Club Member
  335d
In the cat C attached to the VIN and the reg or a previous private reg that was on the car and not the vin?

FOS, it's the insurers fault for not updating Miaftr when they should have.
 
  Yozza'd RB 182 Cup
The Cat C is attached to the reg, but took 2 years for the insurance company to update it since the claim went through a 'third party' which took 2 years for the claim to finally settle? I'm not sure but it seems like it shouldn't be legal to sell a car on that was written off and not updated on the database.
 
  Silver Clio 172 Phase 1
HPI guarantee lasts for 2 years from HPI direct anyway, it also says . "In the case where HPI provides incorrect data affecting the vehicle's condition, the HPI Guarantee will cover up to £15,000 or 50% of the market value of the car, whichever is the lower"

Did you go through HPI direct or use a 3rd party?
 
  Yozza'd RB 182 Cup
Did you go through HPI direct or use a 3rd party?

Shamefully I went with MyCarCheck at the time (they just basically use a HPI business account and offer the same thing but for less). Wish I didn't now and just have coughed up the extra £10 it would've cost me.
 
  RB Clio 182
Thats s**t tbh, i would argue that i wouldnt have taken a 2nd look at the car if i knew it was a write off, never mind buy it!
 
  Silver Clio 172 Phase 1
Just had a quick scan through their terms and conditions, Good luck is all i can say! They've tried to exclude themselves from liability in every way they can! it says their not liable for any 3rd party's information (which is where they get all their info) It also says in their T&C that you will agree not to hold them liable even if their negligent etc....

TBH if they don't play ball i'd threaten them with trading standards / going to the media although it also says in their T&C that you accept they fall under Scottish law not English and i don't know anything about scottish trading standards etc.....
 
  Yozza'd RB 182 Cup
Just had a quick scan through their terms and conditions, Good luck is all i can say

Haha, cheers for the advice, I didn't really expect any of this to happen anyway since it came up clear. Just been unlucky I guess!

@MrTom Too right, I wouldn't buy a write off personally.

I know the £800 loss selling it on as a Cat C might not seem much to yourselves but it's a lot for me right now! Haha.
 
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  Silver Clio 172 Phase 1
£800 quid is £800 quid at the end of the day! its a fair old chunk of money that should be in your pocket not theirs!
If you kick up enough fuss they may just throw that at you to shut you up as its not a great deal of money for the company not like its a new car etc, especially if you say your going to the financial ombudsman (99% sure they regulate HPI as well as insurance etc)
 
  Yozza'd RB 182 Cup
Thanks for all your help, just to let you guys know what's happening right now; Getting offered to a full refund for the price of the vehicle that I paid in exchange for my vehicle as it is now, perfect result there - going to get a RB 182 Cup next week!

They're picking my car up in a couple of weeks and taking it down to the auctions, will miss that thing :(
 
Last edited:
  RB 182
Thanks for all your help, just to let you guys know what's happening right now; Getting offered to a full refund for the price of the vehicle that I paid in exchange for my vehicle as it is now, perfect result there - going to get a RB 182 Cup next week!

They're picking my car up in a couple of weeks and taking it down to the auctions, will miss that thing :(

That doesnt count as a claim against your insurance does it?
 

Grier

ClioSport Club Member
  A clio...
always good to hear when something like this is settled properly good luck with the next purchase
 
  Clio 172, Pug 106
Il look into this tomorrow when I get into work, I work with car insurance claims so il ask our total loss department what can be done!

I'm pretty sure The ins co it was with st the Time should update miafta as soon as payment is sent for the car
 


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