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Old 27th March 2019, 09:52   #16
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Default Re: Car declared total loss 4 years back, but is still running in our name!

Don't sign on any papers. If the car has been in any legal trouble in the last 4 years, you are automatically assuming liability for the same.

As BHPians have suggested above, notify the authorities (including the local police station & RTO). Also call the buyer, recap the entire conversation & record the call.
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Old 27th March 2019, 11:27   #17
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Default Re: Car declared total loss 4 years back, but is still running in our name!

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Originally Posted by libranof1987 View Post
Quick question: in such cases, shouldn't Skoda have in their records that this car (basis VIN) has been declared total loss due to flood damage?

So, the scrap dealer (or whoever purchased it for XX) got the car repaired and sold it to someone. That someone now wants to sell it. After using it for four years on your name.

Sorry, but that chap, although having gotten cheated himself, also didn't act fair to you. This is assuming he didn't know the car was flood damaged as total loss. Start with why he didn't transfer - and if he knew the car was declared total loss.

If you are reasonably confident this chap won't mess with your happiness, I strongly recommend dropping an email to IRDAI, RTO and the Insurance company. I'd say Skoda as well but we all know, they're probably worse.
This entire Insurance-RTO-Secondhand market is so disorganized, siloed and lacks visibility at multiple ends.

This guy told me, he knew that he was buying a Flood Damaged vehicle (as told by his previous user) and he is been driving this car for last 1 year or so (latest confrontation) . So the everyone Chain are equally guilty in this episode.

My mistake was i believed the Insurance company and the Salvage dealer since they assured me that the RC would be cancelled as it was total loss and fresh RC would be issued for the Car (with the new owners details).
For all my other cars that were sold, i ensured i got in writing that they would change the ownership in 3 weeks time along with address proof). And All of them now reflect updated details in Vahan portal.

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Originally Posted by drmohitg View Post
I am sure the current owner bought the car, wittingly or otherwise, and decided to not change the RC so he can sell the car later as single owner only. I wouldn't go out and help this chap as it is his fault for not transferring the car in the first place. If he would have then in all likely hood he would have also got to know about the damage history.

On a lighter note that is one Skoda refusing to die !
Yes i asked him, why didn't he change when he got, i was replying like i usually see for 4-5 months before initiating the owner change!

I think there is a slient market doing just these stuff. Wonder what will happen if i lodged a compliant for theft of the vehicle ! (More like a tit for tat). Will he have any cover on legal grounds?

BTW, that Rapid is now at ~90k kms on Odo

Quote:
Originally Posted by GTO View Post
Don't sign on any papers. If the car has been in any legal trouble in the last 4 years, you are automatically assuming liability for the same.

As BHPians have suggested above, notify the authorities (including the local police station & RTO). Also call the buyer, recap the entire conversation & record the call.
Makes complete sense! I am trying to search for the undertaking from Insurance company and Scrap dealer that we got during the recovery period. I will probably go with proper legal support in this.
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Old 29th March 2019, 15:43   #18
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Default Re: Car declared total loss 4 years back, but is still running in our name!

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Originally Posted by Mi10 View Post
I think First option is a good peaceful way for want of peace of mind. But the catch is cars 24 would probably be giving the Cheque / NeFT in my account! and i would need to transfer that to him
Cars 24/OLX Cash My car have enabled third-party payments, meaning they will transfer the agreed price of the car to anybody who can provide them with the original RC, transfer papers with your signatures, photocopies of your aadhar card and pan card. So anybody who has the above-mentioned documents and the car can sell it to cars24/OLX Cash My Car without your knowledge/consent.
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Old 5th May 2019, 10:17   #19
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Default Re: Car declared total loss 4 years back, but is still running in our name!

There is a bhpian who has fought a long battle, you can read his entire story here , very informative.

https://www.team-bhp.com/forum/india...oss-claim.html (The tale of a Total Loss Claim)
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Old 5th May 2019, 13:08   #20
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Default Re: Car declared total loss 4 years back, but is still running in our name!

I also faced a very similar situation in 2017. My Honda Civic was declared total loss, when it caught fire in January 2017. The insurance company arranged a buyer for the car. The buyer paid us the decided amount and took all the original papers along with the car. He also took signatures on transfer papers.
After around 4 months a friend spotted the car at a local garage. On checking the details online, it was still registered on my mother's name. I rushed to the garage and the owner was the same guy who bought the car. He was actually rebuilding the car and said that the car will be transferred as soon as he gets a buyer after being repaired. He was not ready to transfer it on his name first as it will increase the number of owners the car had and eventually decrease the value.
The RTO here happens to be my relative. I discussed with him that what can be done in the scenario.
So as per his suggestion, we had a sell deed created on stamp papers including signatures and IDs of both the bodies (buyer and seller) and got it notarised.
The car was finally tranferred in February 2019, after 2 years.
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Old 7th May 2019, 09:47   #21
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Default Re: Car declared total loss 4 years back, but is still running in our name!

I have one more concern here. Can the dealership just like that give your contact details to any unknown person who comes in asking for your contact details showing your car's registration number? This is serious privacy issue and please raise a concern with Skoda (Not sure if they'll take any action).

Please don't sign any of the papers or provide any ID proof. Ask the person to deal with the second hand dealer from whom he got the car. Take a legal route and also raise a concern with IRDAI.
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