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Car Write off, storage fees

  • 24-07-2018 12:35pm
    #1
    Braytek
    Registered Users, Registered Users 2 Posts: 45 ✭


    Hello,

    I was in a car crash and the other person as was at fault. The car was a write off and the other party admitted fault. Their insurance (KennCo) has offered me a price for the car but want me to pay the storage fee....

    Surely this can't be right as its not my fault (other party admitted) and the car is in storage due to their negligence.

    Basically they offering a net claim and less salvage offer but then go onto to say that the holding garage are owed 400 euro and they will waive the charge and retain my vehicle if I want as this is my property.

    Is this correct or legal? Do I need to get a solicitor involved?

    Kind Regards,
    Daniel


Comments

  • #2
    Stanford
    Registered Users, Registered Users 2 Posts: 1,194 ✭✭✭Stanford


    Why are you negotiating with the other party's insurance company?


  • #3
    Braytek
    Registered Users, Registered Users 2 Posts: 45 ✭Braytek


    Stanford wrote: »
    Why are you negotiating with the other party's insurance company?

    Sorry do you think/mean I should go through my insurance or solicitor to negotiate


  • #4
    Stanford
    Registered Users, Registered Users 2 Posts: 1,194 ✭✭✭Stanford


    You are obliged to notify your insurance company and they will negotiate between the parties, get out of the middle immediately..!!


  • #5
    thebiglad
    Registered Users, Registered Users 2 Posts: 1,672 ✭✭✭thebiglad


    Stanford wrote: »
    You are obliged to notify your insurance company and they will negotiate between the parties, get out of the middle immediately..!!

    If OP has TPF&T then their own insurer will want nothing to do with this.

    If OP has Comp then they have the option to claim from own policy or direct from the at fault insurer if they are confident to do so.

    As for the storage, if you can prove that you had no good option other than paid storage and the car was not in a safe condition to be kept on a public road with reasonable storage rates payable then it should be covered by Kennco.

    If they continue to argue with you, put it in writing to them (email) that you cannot afford to pay the storage costs to release the vehicle from salvage and scrap it or repair it. Therefore whilst they continue to debate with you over the storage costs they will continue to accrue.

    I am assuming that the vehicle was recovered from the accident straight to storage by an official towing company who are now charging daily storage and not that it is a friends front yard and they are charging you...

    Were you aware of the storage charges at the commencement of leaving the vehicle - i.e. were they clearly set out to you - if for any reason you are not liable to pay the costs (due to contract failure with the storage company) then Kennco are not liable to pay.


  • #6
    thebiglad
    Registered Users, Registered Users 2 Posts: 1,672 ✭✭✭thebiglad


    Braytek wrote: »
    Hello,

    Basically they offering a net claim and less salvage offer but then go onto to say that the holding garage are owed 400 euro and they will waive the charge and retain my vehicle if I want as this is my property.

    l

    Unless you have a good idea what you are doing you are much better to allow the garage to take over the vehicle - much less hassle for you.

    What Kennco are saying that you give them the salvage in lieu of storage is not correct and there is no way you can agree to that - you get full market value of the car and agree to provide the salvage to the garage in exchange for waive of storage.


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