How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70414
Experience:  Over 5 years in practice.
12826847
Type Your Traffic Law Question Here...
Jo C. is online now

Our car was seized after a three car collision on August 2nd

Resolved Question:

Our car was seized after a three car collision on August 2nd 2014, the accident involved a head on collision of the car in front of me and a car travelling towards us that came around a bend on the wrong side of the road ,our car was the third car and very minimumlly damaged as I just touched the car in front of me after it came to rest. The passenger in the car in front of me died later and the case has just come to court and the offending driver has been convicted of causing death by careless driving. We have been without our car for almost 15months, causing us considerable financial problems as we have had to purchase another car to use during this time due to living in a rural location and our insurance company would not allow a car until the car was released for repair. Can we make a claim for any compensation ?
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Jo C. replied 1 year ago.
Hello have you contacted the police to ask if they will return the car or how long they intend on keeping it for?
Customer: replied 1 year ago.

The car has now been released, however all requested have been denied until the case was completed. The kept it for almost 15months

Expert:  Jo C. replied 1 year ago.
Thanks.
Who seized it? The police?
Customer: replied 1 year ago.

The police seized it pending the investigation into the accident as it was one of the cars involved

Expert:  Jo C. replied 1 year ago.
Ok. Was it used in evidence?
Customer: replied 1 year ago.

I don't think so, I was told that it was being kept so that anyone who wanted to see all of the cars involved had an opportunity to do so before and repars were carried out ( the other two cars involved were obvoiusly not able to be repared due to the severity of the damge)

Expert:  Jo C. replied 1 year ago.
Yes, for inspection purposes.
Haven't your insurance company paid out?
Customer: replied 1 year ago.

not yet, the car was collected on friday for assessment and repair so we are now waiting to hear from our insurance company.

Expert:  Jo C. replied 1 year ago.
Thanks.I am really sorry but there isn't a claim against the police. Ultimately they were free to seize this vehicle for evidential reasons. In fact, they were under a duty to do so.You can always write to the Chief Constable asking for compensation and it might succeed but I wouldn't go to court.You will have a claim against the insurance company though obviously.Sorry if that is bad news.Can I clarify anything for you?Jo
Customer: replied 1 year ago.

Thanks for the information may try writing to the Chief Constable.

Do you mean that I have a claim against the offending driver or my own insurance company.

Expert:  Jo C. replied 1 year ago.
Normally you would rely on your insurance company either to pay you or claim from his company for you depending on the terms of your insurance.
Customer: replied 1 year ago.

OK thanks for your help

Expert:  Jo C. replied 1 year ago.
No problem.
All the best.
Please remember to rate my answer.
Jo C. and other Traffic Law Specialists are ready to help you