Questions about car......complicated!!

[mummytotwo]

Hello everyone,
Well everything was pootling along nicely,forms provisionally filled in, just waiting for the 13th March, when BAM...........DH writes off our car.....aaaargh!!!. He went into the back of someone at a junction, and today our insurance company have deemed it a total loss based on cost of repair vs value of car. Have not had a settlement figure yet, and I am very prepared to fight to get a 'proper' value as I know they will try and fob me off.........thats another whole thread I think!

The issue is that ther car was bought by DH's parents for £2500 last Nov for us to use as we could not afford to buy one ourselves. DH is the registered keeper and it is insured in his name, but his dad is the legal owner and has the paper trail etc to prove this.
If we get a decent settlement, enough to get another car, then do we have to give back the money to FIL so that he can then buy another car for us to use? (In order for OR to not class it as an asset). Or can we go ahead and buy the car with the insurance money? Will the OR still be able to see that it does not belong to us?

Any thoughts would be great.......thank you in advance.

[Never-In-Doubt]

Re: Questions about car......complicated!!

Surely it'll go to you as you're the insured party?

However you can request it is paid to the "natural owner" directly thus getting it paid to your dad so he can then buy a car and let you use it if he so wanted

[pompeyfaith]

Re: Questions about car......complicated!!

In reaching a settlement with Insurance Company get screenshots of cars up for sale the same as yours I rejected a first and second offer a couple of years ago and used screenshots as prove of it's value

[mummytotwo]

Re: Questions about car......complicated!!

Thats what I mean.......if the settlement comes back to us and we buy a car with it (much more convenient than getting DH's dad involved again), would we be the owners even though the original car was purchased and owned by him.

[Never-In-Doubt]

Re: Questions about car......complicated!!

You could be "acting" for the FiL in that respect; just get him to agree first.

Your FiL would remain the owner of the new car; then you're legally sod all to do with it. If hubby is reg keeper that "could" cause issues.

[mummytotwo]

Re: Questions about car......complicated!!

In reaching a settlement with Insurance Company get screenshots of cars up for sale the same as yours I rejected a first and second offer a couple of years ago and used screenshots as prove of it's value

Thankyou, will do this. The motor trade Glass's guide has a retail price of 2150 (rang up car dealer where it was originally bought) so won't accept below £2000. Think i may have a battle on my hands though!

[mummytotwo]

Re: Questions about car......complicated!!

You could be "acting" for the FiL in that respect; just get him to agree first.

Your FiL would remain the owner of the new car; then you're legally sod all to do with it. If hubby is reg keeper that "could" cause issues.

Oh, I thought that as long as we could prove that the car was not bought by us, then DH could be reg keeper? DH needs car for work, anti social hours and no public transport at those times, so we have included car costs on SOA. DH's dad wanted to buy a car that he felt would be safer for us to use when we transport the kids, so went above the £2000 exemption value. So really hoping the OR allows the costs. Just did not want to take the risk that my FIL would end up completely out of pocket.

[Never-In-Doubt]

Re: Questions about car......complicated!!

Rizzle is probs best to ask - he'll know

[mummytotwo]

Re: Questions about car......complicated!!

Thank you, will do, should I PM him? Is that how it works?

[Riz]

Re: Questions about car......complicated!!

I'll ponder that, and maybe have an ask around.

[Never-In-Doubt]

Re: Questions about car......complicated!!

Thank you, will do, should I PM him? Is that how it works?

I've pm'd him for you.

[mummytotwo]

Re: Questions about car......complicated!!

Thank you both of you!

[mummytotwo]

Re: Questions about car......complicated!!

I'll ponder that, and maybe have an ask around.

Did you get any answers?

An update........managed to get a settlement of £2000 so after excess deducted will have £1800. The insurance company won't pay to my FIL and will only pay to policyholder.....DH. So we are going to be banking a cheque for £1800 in the near future.
Should we then immediately transfer the money to my FIL's bank account so that he can then buy a new car for us to use? The issue with this is that he lives 200 miles away so it will be a big faff to sort it all out! Or would a letter authorising us to buy a car using the money on his behalf be enough evidence to show OR that we do not own the car? We will still be reg keeper/policyholder etc. Have receipt for original car as being bought by FIL.

Our BR date is 13th march........should we postpone this until car is bought? In the meantime, DH is driving my mum's car so he can get to work.......could we put this down for the SOA info (car running costs etc) and then when we get the replacement car change the details? With mum's car, he will only be claiming for petrol costs, tax and servicing.........with the replacement car it will also include insurance.

Am tying myself in knots about this now!! Any advice would be very welcome, thank you x

[Riz]

Re: Questions about car......complicated!!

Haven’t got round to asking the people I meant to yet. Got sidetracked on other things.

Check you PMs as well.

[mummytotwo]

Re: Questions about car......complicated!!

So, I only got a couple of replies on the MSE site ......think my post got missed and then bumped down the board.

This is my plan, does it sound reasonable?

I will pay in cheque from insurance company £1800 into our bank account and immediately transfer to FIL's account. Happy to explain that the written off car belonged to FIL, but as insurance policy in DH's name, cheque was payable to DH, but money belongs to FIL......it was not a gift or loan etc.
In the meantime, DH is using my mother's car to get to work, so we will put the car expenses on SOA as originally planned. Spoke to Nat Debtline and CAB who were 99% sure we would be allowed to use a car as essential for DH to get to work. Incidentally, they both had incorrect info about the value of an exempt car......still believing it to be £2000. I rang IS to check the correct info.
We are going BR next tuesday so FIL won't have bought a replacement car by then, and he has no plans to do it immediately. When he does buy another car, he will be letting us use it again, so DH will probably need to be reg keeper etc for insurance purposes. Should we tell OR that this will be happening in the future?

Does this sound ok and legit?