VIC Check

[jb64das]

Hi,
Can anyone offer any advice or experience of the following please?
About a year ago someone left their handbrake off in a car park and their car rolled along side mine causing minor damage. It knocked off the door mirror, put a small dent in the door and a minor scrape on the wheel arch.
The mirror went back on ok albeit a cracked casing, the scrape was easily repaired with a touch up pen and I felt that the minor dents were in keeping with the age of the car so I accepted a 'write off' offer from the third parties insurer and kept the car.
The insurer paid the money direct to my bank account and I received no written correspondence asking me to surrender the log book or details of the write off category.
After not receiving a tax disc reminder for the second time I did a vehicle check and found I have a vic marker against my car which from research shows it must have been written off as category c which is an extensively damaged vehicle which could be returned to the road after repair. Mine was very minor damage and never left the road so how can this be?
The vic check is £40 and I really don't think it is necessary in this case as it has been mot'd since and has not left my ownership so why does it's identity need checking?
Do I have to get this check done? I taxed it ok at the post office by presenting the log book. Do I have any appeal against the insurance company? Surely they should have informed me? Am I likely to flag up on ANPR and get stopped by police?
Any advice would be appreciated.

John.

[TerryG]

Personally I would call the DVLA and ask them.
I have had a Cat D needing a VIC check (Renault Clio that had been shunted in the side requiring 2 replacement doors) and a Cat C not need one (morris minor that I rolled and needed extensive work). The check was free (This must be 8/9 years ago now) and took 15 minutes.
For the cost of a phone call it is worth it for the peace of mind. I don't think it is a problem either way unless you want to sell the car.

[OneCarefulOwner]

You accepted a write-off offer; that means you've agreed that the car's bolloxed. As you accepted a payout, it's possible that you don't even legally own the car anymore - first step should be to contact the insurers who made the payout to confirm they didn't expect to take ownership. I'd ask for their decision to be put in writing.

Once you've found out whether the car is still yours or not, then move onto getting the flag lifted. If it's repairable (or ignorable) damage, you'll have to take it to a VOSA testing station for them to agree that it's the same car & that it's roadworthy. This will allow the car to be returned to the road legally, but it will be marked on the V5 for future owners to see.

I had to have this done with a car a couple of years ago, it was painless enough although I'm pretty sure there was a fee.

[Dave3066]

, it's possible that you don't even legally own the car anymore - first step should be to contact the insurers who made the payout to confirm they didn't expect to take ownership. I'd ask for their decision to be put in writing.

Legal ownership of a vehicle is quite difficult to prove. The V5 details the Registered Keeper rather than the owner. Ownership can only be proven by producing a bill of sale or a receipt. I'd say if the car is still in your possession then you can argue that you are its owner. Another reason to not allow insurance companies to take your car away in the event of an accident. Of course if in accepting the write-off settlement you also agree to hand over ownership of the vehicle then they'll argue that the vehicle belongs to them. Still difficult to prove without a receipt though.

Dave

[mach1rob]

you'll have to take it to a VOSA testing station for them to agree that it's the same car & that it's roadworthy. This will allow the car to be returned to the road legally, but it will be marked on the V5 for future owners to see.

It's not a roadworthy check, all they do is check that the numbers they have on the database for that car, ie chassis number, engine number all match and haven't been tampered with, it will/would still need an MOT to verify it was roadworthy.

What has happened is the insurance company have marked it as a total loss, once that is done, it will flag up on the database as being so, and this is why it's marked as needing a VIC check by DVLA. Usually if you were to buy a Cat C vehicle it would come with no log book and no MOT, to get a V5 issued the DVLA require the VIC form to be sent with the application for a V5 before a new one would be issued, with you keeping the vehicle and not handing docs over, you've still been able to get the tax from the PO as normal. As much as I hate to say it your car will need to go to a VOSA station to be checked and you'll have to stump up the fee. You could argue the toss with your insurance company then that it should have been a Cat D, but good luck with that!!

[jb64das]

you'll have to take it to a VOSA testing station for them to agree that it's the same car & that it's roadworthy. This will allow the car to be returned to the road legally, but it will be marked on the V5 for future owners to see.

It's not a roadworthy check, all they do is check that the numbers they have on the database for that car, ie chassis number, engine number all match and haven't been tampered with, it will/would still need an MOT to verify it was roadworthy.

What has happened is the insurance company have marked it as a total loss, once that is done, it will flag up on the database as being so, and this is why it's marked as needing a VIC check by DVLA. Usually if you were to buy a Cat C vehicle it would come with no log book and no MOT, to get a V5 issued the DVLA require the VIC form to be sent with the application for a V5 before a new one would be issued, with you keeping the vehicle and not handing docs over, you've still been able to get the tax from the PO as normal. As much as I hate to say it your car will need to go to a VOSA station to be checked and you'll have to stump up the fee. You could argue the toss with your insurance company then that it should have been a Cat D, but good luck with that!!

The pay out sum was agreed less an amount for me to retain the car so I'm hoping ownership isn't an issue but I think you are right that I just need to pay my £41 and shut up! Can't help that this is a vindictive act by the insurance company though if they made it cat 'c'.

[OneCarefulOwner]

Not vindictive, simply SOP.

[3xpendable]

I'm sorry, I often have to laugh at people who believe once an insurance company writes off a car and gives you money that it becomes legally theirs. It doesn't.

When you insure your car and then crash it, if its written off they are simply giving you the amount that is the agreed value of the car which you have insured to that amount. If they then want the wreck thats left they have to buy that off you seperately.

My dad had a classic Mercedes once and they threatened to write it off to avoid paying the agreed amount for repairs. When he told them that was fine, he would then just use the money to fix HIS car HIMSELF then get it VIC checked they backed down.

[suffolkpete]

When you insure your car and then crash it, if its written off they are simply giving you the amount that is the agreed value of the car which you have insured to that amount. If they then want the wreck thats left they have to buy that off you seperately.

Sorry, don't agree. As someone who has experienced a recent write-off, I can tell you that the salvage belongs to the insurance company and they will take the V5C, the MoT and the keys and you are not allowed to remove any of the original fitments from the car. Salvage has value and the insurers will take this into account when deciding whether to repair or write-off, also they will consider the cost implications of providing a car for a prolonged period while yours is being repaired. They won't pay the agreed value for repairs, if the cost of repairs plus salvage value plus cost of hire car exceeds the agreed value (or the market value if no agreed value)then they will write it off and pay out the agreed/market value. Some classic car policies have clauses concerning salvage retention so this may not be true in every case.

[3xpendable]

Fair enough Pete, but we'll agree to disagree