Sold a Written-Off Car by a SIMI Dealer

Vestiapx

cat d sold by simi garage is a scandal. leverage yourself into a different car or 40% refund or go ballistic and ruin the fecker.

word of mouth is everything and you are totally allowed to speak the truth on all formats.

maestroamado

https://www.boards.ie/discussion/comment/118016657#Comment_118016657

That's a very interesting question... i also be interested in knowing this.

https://www.boards.ie/discussion/comment/118016712#Comment_118016712

You seem to know a bit about this... if someone unknowingly has a car insured that has being cat d and there is a big problem who is liable .

This could have serious consequences for people and needs to be addressed by motor industry....

elperello

https://www.boards.ie/discussion/comment/118017629#Comment_118017629

Someone who is not in the trade has a reasonable defence that they were not told the car's history and genuinely didn't know it.

If the insurance company finds out about the car as in OP's case they will look for a report to state that the car is roadworthy.

I have known both perpetrators and victims of this carry on and I've seen some really bad messing.

I agree with you, it needs to be cleaned up possibly by legislation.

I'd go back into the dealer and tell him due to the pandemic causing car prices to rise on new and second hand cars unfortunately 66% refund on a car you paid 15k for is not good enough. See if he goes higher, you might not get 100% refund, but even if you got 85% you may be able to get something else.

1874

https://www.boards.ie/discussion/comment/118011617#Comment_118011617

Thats why I think take the 66%, car could be ok, dealer wants off the hook and seems to know they might get pulled up on it for not revealing that, so is willing to pay back €10890, thats a hassle free win to me if the car is safe to drive, car cost essentially €5.5k. Don't know why the supposed current value of the car 18.5k is even considered, maybe the OP can get 12k from the dealer for that reason. If the OP can get the specific information regarding the repairs, they can easily pass that information on, few years of depreciation and that 5.5k car will be worth very little anyway so losses on it less and 11k+ in their pocket, I supose they could fight the dealer for it too, maybe that will work out better financially?? but a cartell report

2ndcoming

An awful lot of clueless comments here from people whose knowledge of the motor trade extends to heading to their local main dealer to snap up a brand new PCP money guzzler.

I served my time (accident repair) in a garage that regularly repaired brand new cars damaged during shipping with considerably worse damage than a cat D write off. Crushed roofs, smashed windows, panels etc. Do you think the main dealer was in a rush to declare this damage before he sold it to some nugget on a hp contract? He was, yeah! 😂😂 Cop yourselves on.

KerryGoldinDublin

https://www.boards.ie/discussion/comment/118024251#Comment_118024251

Seemingly, the car was a write-off before the dealer took the car in. I called him back today to say I was on to a solicitor and the solicitor says I definitely have a case (genuinely). So I guess I'm heading to court.

passatman86

https://www.boards.ie/discussion/comment/118024323#Comment_118024323

So does that mean you have to drive the damaged/repaired car until the case is heard and settled... Are you getting the engineer report and driving it anyway or did you definitely want to change it cause of little use - before this scenario

KerryGoldinDublin

https://www.boards.ie/discussion/comment/118024414#Comment_118024414

I was selling the car mate cos I barely use it and need to get some saving done for a mortgage (single father, single applicant). Joe Duffy Motors were buying the car off me and it was them who discovered that it was a write off. My job is a 5min walk from my house. In the 15/16 months that iv had the car, iv put less than 10,000kms on the car.

To answer your question, yes I do need to get an engineer's report to get it back on the road (insured), but the car loses over 50% of its value now. So let's say I keep driving it and someone smashes into me and wrecks my car, their insurance will only give me about €8,000 in compensation for my car, which should be worth €18,500 now.

maestroamado

You could send a nice mail to the garage saying that you were considering sending a email to SIMI asking them what options available to you considering they are the Governing body... I am sure any garage would not their reputation damaged over less than 20k...

Gadgetman496

So, the Government established NCT test passed the car as safe and roadworthy in April? Yet the insurance want an independent 3rd party engineers reportat at a personal cost of €200 to you before they will insure the car?

If you don't have a current valid NCT cert and you have an accident, your insurance is null and void, but if you do have a current valid NCT cert the insurance company will not accept it as proof the car is safe and roadworthy.

Makes a total farce of the NCT test altogether doesn't it?

Henry Ford III

Just read the entire thread. I'm wondering at the time of purchase did the dealer actually tell you that the car had been "previously damaged" or not?

p.s. If I were you I'd kick myself for not having checked the car over thoroughly, and would be pushing hard for a full refund. Oh and my view is that your insurer would have covered you in the event of a claim as long as you didn't know the car's history or status. For now the best thing to do is get the car checked by an engineer.

KerryGoldinDublin

https://www.boards.ie/discussion/comment/118025022#Comment_118025022

The dealer did say the car had damage and the car was repaired in full. His exact words were "there was a bit of damage on the car when we took it in but it's perfect now". Never, during the entire process, did he mention that the car was written off. This is against the law. I have a barrister on the case, gotta pay him upfront but he's recouping costs off the dealer.

passatman86

https://www.boards.ie/discussion/comment/118026630#Comment_118026630

So many threads on here rarely get updated with an end result - make sure to let us know how you get on. Hope you get sorted

sligopaul

Any update OP

lintdrummer

@KerryGoldinDublin What's the latest?

passatman86

Unfortunately i dont think we will ever get the final outcome of this one lads. Op joined and left us on the same date lol

elperello

I suppose at least the thread confirmed that that a lot of people are driving around in cars that have been repaired without knowing it.

It's a lot more common than you might think.

Bring someone who knows cars with you to check before you buy.

passatman86

It is good advice

Just most body work shops work repairs might not be able to be seen even by the trained eye. A cartell report is also important when spending big - even so, not all accidents are recorded

KerryGoldinDublin

The latest is, the dealer didn't respond to the SIMI complaint, so my complaint is going to a SIMI tribunal in December. My solicitor is on hold until then but he's dying to get involved because he enthusiastically wants to "put manners on the dealer".

Car is now parked up in storage, got myself a run-around in the meantime. I haven't forgotten this thread and will defo keep those of you still interested in the loop.

passatman86

https://www.boards.ie/discussion/comment/118131109#Comment_118131109

Nice one for the reply fair play

Hope you get sorted

KerryGoldinDublin

Update as promised.

Lodged my complaint with Simi. It was going to a tribunal for judgement with SIMI in early December. A few days before the tribunal, the dealer in question called me to apologise for his behaviour and to see if we could work out a deal. I told him all I wanted was what I was going to sell the car for, and that I didn't want a full refund. He instantly conceded and we struck a deal.

Money lodged into my account two days later, car returned to original dealer. Paperwork completed, business concluded!

Take note, if it happens to you, stand firm!

beachhead

https://www.boards.ie/discussion/comment/118011359#Comment_118011359

The Gardai would need to know that someone is selling an alledgedly written off vehicle.

KerryGoldinDublin

https://www.boards.ie/discussion/comment/118411482#Comment_118411482

That's someone else's problem, I ain't getting involved in being a grass.

HBC08

https://www.boards.ie/discussion/comment/118411531#Comment_118411531

Being a grass? Jesus where are you,the Joy?

I was on your side all along in this thread,I thought you did everything right but whilst I understand you've had a result now and are done,the above attitude stinks..... it's somebody else's problem now.

maestroamado

https://www.boards.ie/discussion/comment/118411531#Comment_118411531

I agree with you... basically this is between the insurance companies and the legislator... if an insurance company writes-off a car how can it ever ber insured again... i think the VIN number should no longer be allowed insured for road use...

FishOnABike

https://www.boards.ie/discussion/comment/118411672#Comment_118411672

There's different categories of write off from repairable but not financially viable using new parts at main dealer labour costs to total wreck.

Obviously the the former can be worth while repairing using salvaged (but good) parts and lower labour rates. This could include anything from cosmetic / minor bodywork to needing an engineer's report before going back on the road.

The more severely damaged category vehicles should be certifiably destroyed.

https://www.boards.ie/discussion/comment/118411531#Comment_118411531

won’t grass him to garda but happily to SIMI? 😂

Working class heroes

https://www.boards.ie/discussion/comment/118411531#Comment_118411531

Put yourself in the next buyers shoes.

oh wait...........

mickdw

It's not the ops business now and for all he knows dealer will sell on car within the trade.

There is no law against putting a cat d on the road so people saying he should contact the gardai are not for real.

Cat d cars are perfectly good for the road once repaired correctly and I'd say 75 percent of garages around the country were selling cat d UK cars.

The crime is not declaring it to a buyer and attempting to get inflated price. They are in UK worth about 75 percent of normal price. Here's they appear to go abit more than that.

The big surprise here is that Simi was of some use.

maestroamado

https://www.boards.ie/discussion/comment/118411750#Comment_118411750

That's rubbish write off CHASSIS is gone that's all ... if they want to say what you are saying it should be stated as you say officially... But this is a perfect example of... how not to do it... make it up as we go....

FishOnABike

https://www.boards.ie/discussion/comment/118411943#Comment_118411943

I think we agree far more than you think. There's nothing "make it up as you go along" about write off categories https://hello.donedeal.ie/hc/en-us/articles/115004557529-Write-Off-Categories-Explained-

mickdw

https://www.boards.ie/discussion/comment/118411943#Comment_118411943

Why don't you educate yourself on the classification. There are categories that reflect the cost of repair and whether the car can be safely repaired.

It's used to be cat a b c d.

A was no repair and not even suitable for parts.

B was no repair but parts could be used.

C and D were allowable for road with D often being minor.

There are new categories now in UK so c and d are gone. I believe it's cat N and Cat S now,

Both N and S are repairable but S means structural damage.

This is all UK classes but that's where a Cat D would have come from so applicable.

Gadgetman496

https://www.boards.ie/discussion/comment/118411390#Comment_118411390

You found yourself in a bad situation which was not of your making, you stood your ground and ended up with a satisfactory outcome.

I'm delighted it worked out for you, happy days, and as you rightly said, it's case closed for you.

Go forth and enjoy.

-

maestroamado

https://www.boards.ie/discussion/comment/118412031#Comment_118412031

No education needed if any car has ever being listed this be noted on the reg document... use the system you mention...

I was not aware that done-deal insisted the sellers on the site doing this... good stuff...

maestroamado

User1998

https://www.boards.ie/discussion/comment/118411482#Comment_118411482

No they wouldn’t. Its not illegal to sell a written off car

Glad it got sorted OP

maestroamado

https://www.boards.ie/discussion/comment/118412533#Comment_118412533

I think it should be... solve the problem...

MakersMark

https://www.boards.ie/discussion/comment/118411531#Comment_118411531

You're a class act my friend

Bass Reeves

There are a few things that I was surprised about. One was that the dealer had not got an engineer's report that the car repaired and was insurable.

If a car is cat D surely all insurance companies have that on record. Surely when OP went to insure the car originally the insurance company should have had access to that information. They should have been able to inform OP of any issue involved and load any premium then. I was actually surprised that insurance companies loaded cat D cars. It actually begs the question if your car is involved in an accident and get it repaired is it insurable ever again without loading. Because if CAT D is loaded so should any car repaired after an accident

maestroamado

https://www.boards.ie/discussion/comment/118412645#Comment_118412645

Very simple Insurance companies are regulated... we need to tick boxes tax/insurance.nct is an offence... Just make it mandatory report if write off... then if confirmed as roadworthy have NCT to confirm... simple...

maestroamado

Bass Reeves

https://www.boards.ie/discussion/comment/118412736#Comment_118412736

NCT is a road worthy test, it's not a structural check on a car. Yes it should ideally see any structural faults. However most structural repairs can be hidden by a good repairer. That is why an engineer/ qualified persons report is required after certain major repairs ( such as an engine replacement). However if an engineer/ qualified persons report is required after a cat D repair it should be a legal requirement on the repairer and it should be recorded on the cars history. However this would increase the cost of such reports as engineer/qualified persons report would be recorded.

The other advantage would be the repairs would be recorded against the car and could be specifically checked at each subsequent NCT to make sure there integrity could be checked

MakersMark

https://www.boards.ie/discussion/comment/118412533#Comment_118412533

Seller must inform purchaser.

maestroamado

https://www.boards.ie/discussion/comment/118412809#Comment_118412809

That's actually a better option... NCT just confirm ok...

Bass Reeves

Cat and writer offs can vary. I be much more suspicious of a newer car is cat D than an older car. An older car is less likely to have major repairs as it is less valuable.

We had a car here that was bought in such a situation it was 7-8 year old Yaris where all one side was damages as well as the front light and bumper. Lad who bought it to repair was lucky enough to come accross a car the same colour and bought the parts and just had to bolt them on. Lines were perfect on the car. Car was perfect but looking back at it I be less inclined to buy such a car now unless there was a certified engineer's report

mickdw

Plenty low value cars go cat D for very little. All it means really is it was cheaper for insurer to pay out for the car and get salvage money from trade sale than to repair.

A £5000 golf with damaged bumper, rad and bonnet would likely be a cat d as too much to repair with new parts.

Trade will buy it knowing they will get a used front end for small money.

maestroamado

https://www.boards.ie/discussion/comment/118415447#Comment_118415447

That's perfect example... say the trade buy for €500+ fix for €500 total €500 so car now worth €5000... i have no problem with any of that once garage confirms to buyer car was damaged and gives certified proof of repairs + warranty to buyer... very straightforward....

colm_mcm

So what happens when the seller isn’t the repairer?

jmreire

If there was a shared data base between insurance company's, with all accidents recorded, then it would be impossible to sell on dodgy ex-accident vehicles. So you see a car you like, discuss with the dealer, agree a deal, but before payment, check with your insurance. And regardless of the salesman patter, its the insurance who will know the true condition of the vehicle.