A family member took my car without permission and was involved in an accident. The insurance company has denied cover as the family member lives in the same house as me (which I dont understand either). The police say the car is a write off but how can I be sure and where do I stand on getting the car back?
Your policy would say who is covered. If that family member is not mentioned then they are not covered, no matter where they live.
Technically it is not up to the police to say if it is a write off, it is up to the person who foots the bill for the repairs - which by the sound of it is you!
As regards getting the car back, ask the police. They may have impounded it if it was being driven illegally.
The police and the garage cannot declare it a write off as it does not belong to them.
If it was not insured the ins company don't want to know.
If it was insured the ins company can write it off as it would cost more to repair than it's worth, they would then give you the cost of what they think it is worth.
But surely if it was taken without your permission then that was theft. Does your policy not cover you for theft???? The most basic level is "third party fire & theft" so why aren't you covered??