Stolen car claim

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GordonTarling

MB Enthusiast
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Jun 29, 2004
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Location
Grantham
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2007 E63 AMG V8 Estate
Having submitted a claim for my S211 which was stolen on June 17th, my insurers have come back to me with a list of the paperwork they need sent to them. I'm OK with it all, except that they also want the V5. Now, if the car had been badly damaged and they told me it was being written off, they wouldn't get the V5 until a settlement was reached, so surely they're not entitled to the original V5 until I have their cheque in my hand? I'm planning to send them a copy for now.
 
If you have a private plate, make sure you transfer this off the vehicle before you hand over the V5 or you run the risk of losing it.
 
If you have a private plate, make sure you transfer this off the vehicle before you hand over the V5 or you run the risk of losing it.

Seems you can only do this after 12 months, unless the car has been recovered:

What you should do if you have a personalised registration number
If your stolen vehicle had a personalised registration number, you can normally reclaim it if the vehicle has still not been found after 12 months, provided certain requirements can be met.

  • the theft must have been notified to the police and recorded on DVLA records as stolen for not less than 12 months at the time of the theft,
  • the vehicle must have had a current MOT test certificate at the time of theft,
  • the vehicle must have had a current vehicle tax disc the DVLA will require a letter from your insurers confirming they have no objection to the number being re-issued
If the vehicle is recovered at any time, please make an application to keep your registration number straight away.

What to do if your vehicle is stolen : Directgov - Motoring
 
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Would this also be a safeguard against fraud?

I.e. it becomes more difficult to sell a car with no V5.

Scenario:-

Fraudster claims car is stolen, but hides it.

Submits insurance claim, whilst claim is being handled/paid - sells car on and effectively gets paid twice.

New buyer is unaware the car is "stolen" as it won't have had time to be registered as such.
 
moonloops - they don't need the V5 to see that I own the car - I'm providing my original purchase receipt.

Sp!ke - no private plate, so no worries there. Mocas is right about transferring it - you have to wait a year!

Red c220 - there's more to reporting a stolen car than you might imagine. As soon as it's reported to the police, the DVLA marks it as stolen, after which it will show up on many checks that might be done.

I spoke to the insurance company about this yesterday and they effectively want me to transfer the ownership to them before they pay me - i.e. send them the V5 and keep the tear-off part 9 and send that to the DVLA stating that it's been transferred to the insurance company. As far as I'm concerned the 'car' is still mine until they've paid me, so all they're getting for now is a copy!
 
Gordon, I understand the principle aspect but you may find you get into a stalemate situation as they may not pay out until you send the original, this may even prolong the payout process.
 
Would a photocopy of the V5 suffice?
 
As far as I'm concerned the 'car' is still mine until they've paid me, so all they're getting for now is a copy!
If the car has been stolen you are technically no longer its keeper! The V5 acknowledges that fact. If the car is running around somewhere, triggering speed cameras, you will be the one getting the summonses. If it was me I would want to remove that liability ASAP and let the insurance company get the hassle.

Footnote: I know this is a bit hypothetical, as if the car was doing what I said you would hope someone is going to find it...
 
I spoke to the insurance company about this yesterday and they effectively want me to transfer the ownership to them before they pay me - i.e. send them the V5 and keep the tear-off part 9 and send that to the DVLA stating that it's been transferred to the insurance company. As far as I'm concerned the 'car' is still mine until they've paid me, so all they're getting for now is a copy!

If you have agreed a settlement sum in writing, I see no reason why you should not send the V5.

The insurance company will be good for the payout.
 
OK, thanks chaps. I'm awaiting a call from their claims department regarding this, I'll post again if they ever call me! The main sticking point now is that I've discovered that part 9 of the V5 is retained by me and is signed by both myself and who I'm transferring ownership to. When that's done, it's ME who has to send it to the DVLA. As stated on part 9, this is the LAW. So, as far as I'm concerned the insurance company needs to sign that declaration in my presence. I'm not really being pedantic here, but I won't break the law just for the insurance company's convenience.
 
It might be different with the car being Stolen, I wouldn't be unduly pedantic here, you want your money and pay out. If in doubt speak to a solicitor if you are at ill at ease over the conduct of your insurer.
 
Thanks Steve! Found a bit on the DVLA website which says to send the whole V5 to the insurer if requested, then write to the DVLA, which is precisely what I've now done!
 

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