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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 8444
Experience:  I have been practising for 30 years.
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My son has had s 7 month old car stolen 24 May, we have a

Resolved Question:

Good day , my son has had his 7 month old car stolen 24 May , we have a document from insurance advising insurance now cancelled, but on the 20 June the police found the car been used on false plate sound Manchester ,
Insurance refuse him a car , he is still having to pay for this car monthly even though he does not have one !!!
Also they have now advised car will be repaired and returned to him
1 car value in future is based on mileage
This guys had car for a month and run miles onto it
2 car was immaculate when stolen
We're not allowed to see it , or its condition but have been told
Your getting it back ?.
Again car future value is based on its condition
We feel insurance is been in fair and taking far to long over this matter
They stalled all attempts to get documents over to them claiming nothing would open
On there systems , but we tested documents on other computers before sending ?.
Insurance policy is lads first , first car , worked hard for deposits etc
Had now to move to Manchester to keep his job as can not get to work now
Without a car ? Due to insurance delays
How do we stand in this matter
Insurance is with bell insurance
Does sate no car should car be stolen
But also he now has no insurance as they have cancelled it
He paid up front whole amount of insurance
Submitted: 4 months ago.
Category: Law
Customer: replied 4 months ago.
Forgot to add son is date of birth 25 /10/1991 I'm also on his policy as a named driver , how does this effect my insurances with business vehicle and personal motor bike etc
Expert:  F E Smith replied 4 months ago.

Does your son have cover for a hire car attached to his insurance?

If the car is being repaired, do you know when it is going to be repaired by?

Has there been an estimate in this respect?

Do you know how many miles have been put on it?

Who is the insurer?

If you are simply a named driver on a car which has been stolen, it will not affect your other insurances nor will you have to declare it unless the question is specifically asked, in which case you do.

Customer: replied 4 months ago.
BEll insurance , which I think is part of admiral
It states within insurance if car is stolen no hire car available , but surely they should pay out quicker based on this
Otherwise they could just wait months !! This is current situation with them , they won't give a time scale , because there under no pressure to do so only loser here is my son
We have asked about repairs but they just say it's been processed by police etc again no time frame
As stated we don't now how many miles now on clock , also is it not there word against ours as to how many where on it when it was taken ! My son gets charged 22 pence for every mile over his allowance , we have asked for car to be replaced as he bought a new vehicle currently 8 months old , why should he get back a stolen one, with unknown damage to engine ,vehicle or interior etc even if insurance replace all central locking system , were concerned were not allowed to even se this vehicle , also he had personal effects in the vehicle but they won't advised if any found in car ?
Expert:  F E Smith replied 4 months ago.

The last time I dealt with that company, if it is the same company, their administration wasn’t particularly brilliant.

If the car was written off in an accident you should expect to be paid out within a few weeks. If however it stolen, they have to allow a reasonable period of time to see whether it’s going to reappear. That is about one month and unfortunately, (or fortunately, depending on which way you look at it) the car has now reappeared.

You say that your son gets charged 22p for every mile over his allowance. Is this a lease car or lease purchase or some other kind of scheme?

Customer: replied 4 months ago.
the vehicle was purchased on interest free 3 year deal with car value based at that period on mileage and condition
Question would be who decides what amount is to be paid over , we think car had 5000 miles area on clock when it went , hard to say exactly as its not something you constantly look at , but he is not covered for clutch damage , engine damage etc etc , we now don't know what's happened during its use by third party thief. Our question here is how do we get all these things checked and what warranty do they now offer , we have asked dealer ship but they say
Customer: replied 4 months ago.
Deal ship wants vehicle back so they can check it over and do works required to get it back to correct state and give us a report on vehicle condition etc as they are ones who have done deal for this vehicle
Expert:  F E Smith replied 4 months ago.

The value of the car is the pre-incident value. It is the price that would be paid by a willing buyer willing seller. It is not retail and it is not trade. It is a price somewhere in between.

It may be that the finance outstanding in the event that the vehicle was written off would be more than the value of the car. That is not uncommon. In cases like that, what borrowers are advised to do is to take out what is known as Gap Insurance that would pay out the difference between the valuation and the finance outstanding.

If the vehicle has not been written off, then obviously that is not necessary. If you are of the opinion that the value that the insurance company of put on the car is too low, then you are at liberty to raise a complaint (your Sunnis) and ultimately refer the matter to the Financial Ombudsman.

It would appear that the value of the car is not relevant here because they are going to repair it. What is relevant is the value of the car post repair if it is anything less than perfect or it is on the register anywhere as stolen recovered. If it is on the register as stolen recovered, then your son would be entitled to the value of the car rather than the vehicle because its value would be substantially reduced if it is recorded anywhere. Do bear in mind that the value of the car for insurance purposes may be, as I’ve already stated, less than the finance outstanding.

If ultimately, the insurance company will not play ball and come up with a satisfactory solution, you have to make a formal complaint and when that complaint system is exhausted, refer the matter to the Financial Ombudsman. Unfortunately, the Financial Ombudsman service is not particularly quick.

He is entitled to have the vehicle put back into the state it was preaccident. That would include clutch damage and engine damage but you would have to prove that they were damaged. The warranty which applies to the car is the same warranty which applied to it preaccident.

I know that you don’t want the car back because it will have a horrible feeling about it not only over the fact that it has been repaired substantially it seems but also because someone else has been driving it. Unfortunately, it doesn’t work like that. Sorry.

Can I clarify anything for you?

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Best wishes.


Customer: replied 4 months ago.
Sorry attended a funeral yesterday so had no time need to charify some bits we check with DVla to see if car is on stolen recovered register ?? Also as its now a month what would you advise to move this case on thank you
Expert:  F E Smith replied 3 months ago.

You have to give the insurance company 8 weeks from making the complaint, to deal with it, before the Financial Ombudsman will get involved. In effect, you have to have exhausted the complaints procedure of the insurance company. There is no harm however in writing to the Ombudsman before that because the process is not very quick.

F E Smith, Advocate
Category: Law
Satisfied Customers: 8444
Experience: I have been practising for 30 years.
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