Sale of Unrecorded Write Off Vehicles

We are widely considered the leading automotive law firm and a tour de force in automotive fraud including the car sale of recorded and unrecorded written off vehicles. We have a formidable reputation for our expertise and knowledge in all aspects of the retail motor industry including salvage which means we can quickly interpret the evidence, know where to look to find it and know how to deal with it.

Under consumer protection laws, car dealers are required to disclose to a consumer information about its history which would if known affect their decision to buy it. It is also the case that [undisclosed] write off vehicles will not be of satisfactory quality, automatically giving rise to a breach of contract.

If you’ve unknowingly bought a ‘write off’ call Stormcatcher Law

Insurance Write-Offs

When a vehicle has been stolen and recovered, sustained collision damage or accident damage, often the cost of repairing the damage is covered by the vehicle owner’s insurer or a third party insurer.

The Association of British Insurers (“the ABI”) has a Code of Practice which provides advice to on the steps to be taken in the categorisation of vehicle salvage and recovered stolen vehicles.

The Code of Practice aims to protect the public, to detect and deter insurance fraud and other criminal activities and to make vehicle histories more transparent.

The ABI code requires all salvage motor vehicles to be categorised as one of the following Categories:

• Category A (Scrap)
• Category B (Break)
• Category S (Repairable Structural)
• Category N (Repairable Non- Structural)

Once a vehicle is categorised, a Motor Insurance Anti-Fraud and Theft Register [ MIAFTR] entry must be completed for it, indicating the salvage category, as soon as reasonably practical after the inspection.

HPI Check

Often the insurance company will request the write off information is included in the HPI vehicle check, but this is voluntary and does not always happen or does not happen soon after the vehicle is written off. Therefore, advertising a vehicle as HPI clear is not proof positive that it has not been written off.

Unrecorded Write Off

There are of course occasions where a stolen and recovered, collision damaged or accident damaged car or van is uninsured, or an insurance claim is not made. This leads to unrecorded salvage.

The sale of unrecorded salvage is big business, attracting criminals who repair cars with stolen parts and unscrupulous dealers who sell them without declaring the hidden history.

However, rarely is there no evidence of the vehicle’s chequered past, and there will often be salvage auction catalogue evidence or adverts online from salvage yards.

Substandard Repairs

Regardless of whether a dealer has informed the buyer a car or van has been written off, there is no guarantee it’s been repaired to the appropriate standard, and it may be unroadworthy or unsafe. We have handled many cases involving “cut and shut,” repair with stolen parts and ringing. If you have experienced any of these issues: