De-Valuation Of Stolen And Recovered Vehicle

[phlymo]

I have recently had our 10 month old Jeep stolen. It was recovered by the police after the insurance made us an offer, but before the GAP insurance people had finalised their offer. This came through 2 days after the police contacted us to confirm the car was recovered. So i could not proceed with the claim as now the car was found. After talking to the insurance, they are saying i more than likely have to have the car back.I dont want the car back as I feel we would be loosing money on it as it is stolen and recovered and besides that I have now lost complete confidence in the car, not knowing what they have done with it. Where do i stand with this. In the meantime i have also been told that I cant have a rental car from the insurance company unless i use one of their garages instead of the Jeep dealership. So now i am still paying out of my own pocket for a rental car and it does not look like there is much i can do to rectify this problem. Any advice would be appreciated.

[EDDIE51]

You are only entitled to be in the same position you were in before the car was stolen. You had a 10 month old 'Jeep' worth what ever the 2nd hand price for your car is with regard to its condition and milage. You could be given an extra payment if the value has been reduced because of the theft but you can not be put in a better position than if the car had never been stolen. You can not refuse to have the car back, it is up to the insurance company to decide to either repair and return the car or declare it a write off. It is also normal for you to have to accept what ever rental car the insurance company gives you as long as it is the same size and type as the car that was stolen, you can't insist on having an exact copy / model of the car you lost.

[hc4361]

What insurance company are you with? I want to read the terms and conditions about hire cars

[hc4361]

About the courtesy car, I meant

[phlymo]

It is with Aviva. They have said only if i take it to their approved garage am i entitled to a 1.0l 3 door vehicle. Which is nowhere near a like for like size wise to what we have. Besides that my main question is am i entitled to claim the difference on the de-valuation of my vehicle as Jeep are saying they will not accept a tradein if the car is stolen and recovered. It just feels like being the victim leaves you in the worst spot possible. I took out fully comprehensive insurance and this is what i am entitled to.Very frustrating...

[EDDIE51]

As I said, if the value of your car has been reduced you are entitled to a payment to cover the difference between the 'unstolen' price and the 'stolen/recovered' price. You can't end up better off than before the theft only in the same position as if it had never happened.

[bednobs]

why do you have to take it to the garage? is it damaged?

[phlymo]

Eddie, thank you for your response. Yes i realise i cant be better off. The situation is as follows: I get the car back and they repair it. I do not want to keep this car as I have lost faith in it and want to trade it in on another brand new Jeep. Jeep does not accept it as it is stolen and recovered. This means i do not have a vehicle that is in the same condition as before it was stolen, meaning i am worse off. Even if they pay me the difference , I still cant trade it in. I saw someone mentioned something about this happening with an Audi, this is why i asked Jeep about it.

[phlymo]

It has to go to Jeep to get the ECU,keys and locks changed, but they will also be checking over the vehicle for any other damage as it has only been released from the police impound.

[EDDIE51]

You should be entitled to the difference between what Jeep would have offered for the 'un-stolen' car and what you can get for it as second hand the way it is now.
You need Jeep to say what they would have offered if it had never been stolen and get a quote for what it is worth now as a used car with its history. Then claim the difference off your insurance.

[Ellipsis]

Good luck with that. Worth a go, but I would imagine the insurer will say something like "The fact that Jeep won't accept your vehicle as a trade-in is an issue between you and Jeep", i.e. "Not our problem mate".

[hc4361]

Re the courtesy car. They don't offer a courtesy car on a like for like basis:

"A standard courtesy car is typically a small, 3 door, 1 litre hatchback model."

And it is conditional you use one of their approved repairers.

http://www.aviva.co.uk/car/summary-of-cover.html

[hc4361]

Are you aware that your Jeep will only be categorised as stolen/recovered if it is a total write off?

[phlymo]

HC, Thank you for the clarification. It is quite concerning that every aspect of my insurance through Aviva has opened my eyes to how little the customer has rights in the event you actually have to claim. From now on i will be taking out the cheapest insurance i can as it doesnt matter what you do, you always on the loosing end. Funny to think you have a 4 door 4x4 and they cant offer you a 4 door vehicle in the event your car needs to go in for repair and to top it off, who would want to take their vehicle to anyone other than the manufacturers garage.

Thank you everyone for all your advice. It seems to confirm what i was thinking all along that i am going to have to get a solicitor involved as it looks like i am definately not going to end up with a car with the same value as i had before the theft.

[hc4361]

I don't think the value of your car will be affected as it won't be categorised as stolen/recovered.

[EDDIE51]

Have Jeep specifically said that they will not take the car as part exchange?
You tell us it has been examined by 'Jeep' to check for any possible damage, if they hand it back and say it has not been damaged or it has been correctly repaired how can they go on to contradict themselves by refusing to accept it as a trade in?
As said a car is ONLY recorded as 'stolen /recovered if after recovery it is then written off!