Insurance advice (in-insured loss involved)
Discussion
I had an accident a few months back, and it was rear-end damage (with multiple independent witnesses saying in their statement they hold the other driver fully responsible).
This happened early November last year, and his insurance company has responded twice since so I asked my case handler at Admiral to chase this up. She called today and said that the third party had an uninsured loss company involved without his insurance know, so now they can't make a decision for him, something about prejudice (didn't really understand what she was saying to me, but didn't have much time to ask).
Is this that bad? He got out of his vehicle and said to the policewoman that he didn't feel he hit me, and if he did, he didn't know about it. This vehicle was a tanker, so that's possible, but what could he possibly be claiming for?
Can anyone give me advice on what to do, or where to go from here?
Thank you in advance!
This happened early November last year, and his insurance company has responded twice since so I asked my case handler at Admiral to chase this up. She called today and said that the third party had an uninsured loss company involved without his insurance know, so now they can't make a decision for him, something about prejudice (didn't really understand what she was saying to me, but didn't have much time to ask).
Is this that bad? He got out of his vehicle and said to the policewoman that he didn't feel he hit me, and if he did, he didn't know about it. This vehicle was a tanker, so that's possible, but what could he possibly be claiming for?
Can anyone give me advice on what to do, or where to go from here?
Thank you in advance!
KungFuPanda said:
We need more information.
Are you presenting a claim for personal injury and / or uninsured losses? Has your vehicle been repaired? Has your own insurer paid for the repair?
Sorry for not clarifying earlier.Are you presenting a claim for personal injury and / or uninsured losses? Has your vehicle been repaired? Has your own insurer paid for the repair?
No personal injuries, un-insured losses yes, my excess because my insurer repaired my car (and rightly so, I'd still have a broken car on the driveway if I had waited for his insurance).
OK, so it looks like you've gone to recover your xs from the tp insurer. But they can't deal with it because their client has appointed an uninsured loss recovery firm to recover his losses. He obviously thinks for some reason he wasn't at fault. So his insurer need to see how they get on and not prejudice their client's position by settling your xs claim.
You need to now forget about his insurers and contact him direct, in writing. Tell him you hold him fully liable for your uninsured losses and his insurers are refusing to settle, he has 7 days to pay you or you will issue a small claims court summons.
Then, if no response, go ahead and do just that.
You need to now forget about his insurers and contact him direct, in writing. Tell him you hold him fully liable for your uninsured losses and his insurers are refusing to settle, he has 7 days to pay you or you will issue a small claims court summons.
Then, if no response, go ahead and do just that.
TwigtheWonderkid said:
OK, so it looks like you've gone to recover your xs from the tp insurer. But they can't deal with it because their client has appointed an uninsured loss recovery firm to recover his losses. He obviously thinks for some reason he wasn't at fault. So his insurer need to see how they get on and not prejudice their client's position by settling your xs claim.
You need to now forget about his insurers and contact him direct, in writing. Tell him you hold him fully liable for your uninsured losses and his insurers are refusing to settle, he has 7 days to pay you or you will issue a small claims court summons.
Then, if no response, go ahead and do just that.
Okay, I can do that.You need to now forget about his insurers and contact him direct, in writing. Tell him you hold him fully liable for your uninsured losses and his insurers are refusing to settle, he has 7 days to pay you or you will issue a small claims court summons.
Then, if no response, go ahead and do just that.
I'll keep a record of the documents I send, also my excess is £5000 so I highly doubt he's going to pay that, so I may as well just give him the written notice and send it recorded delivery and go from there?
I'm tired of waiting around now, it's clear he hit me (rear end damage, 2 independent witnesses also say it was his fault), but he was very stubborn on road-side also, said if a lorry hit me, the side of my car wouldn't be there.
The only way I would've done the damage that occurred to my car would be if I reversed into the lorry... on a roundabout... at speed.
The money is mine, so I owe nobody £5000, but it's more the principle behind it. I'm now down £5000 and cannot insure my car for less than say £7000 at a push, meaning I have to get trains everywhere at the moment which is also an inconvenience due to where I live. So not only am I out of pocket at the moment, I can't insure my own car because he's refusing to reply or respond to the case.
Edited by VISE on Wednesday 16th March 14:52
VISE said:
TwigtheWonderkid said:
OK, so it looks like you've gone to recover your xs from the tp insurer. But they can't deal with it because their client has appointed an uninsured loss recovery firm to recover his losses. He obviously thinks for some reason he wasn't at fault. So his insurer need to see how they get on and not prejudice their client's position by settling your xs claim.
You need to now forget about his insurers and contact him direct, in writing. Tell him you hold him fully liable for your uninsured losses and his insurers are refusing to settle, he has 7 days to pay you or you will issue a small claims court summons.
Then, if no response, go ahead and do just that.
Okay, I can do that.You need to now forget about his insurers and contact him direct, in writing. Tell him you hold him fully liable for your uninsured losses and his insurers are refusing to settle, he has 7 days to pay you or you will issue a small claims court summons.
Then, if no response, go ahead and do just that.
I'll keep a record of the documents I send, also my excess is £5000 so I highly doubt he's going to pay that, so I may as well just give him the written notice and send it recorded delivery and go from there?
I'm tired of waiting around now, it's clear he hit me (rear end damage, 2 independent witnesses also say it was his fault), but he was very stubborn on road-side also, said if a lorry hit me, the side of my car wouldn't be there.
The only way I would've done the damage that occurred to my car would be if I reversed into the lorry... on a roundabout... at speed.
The money is mine, so I owe nobody £5000, but it's more the principle behind it. I'm now down £5000 and cannot insure my car for less than say £7000 at a push, meaning I have to get trains everywhere at the moment which is also an inconvenience due to where I live. So not only am I out of pocket at the moment, I can't insure my own car because he's refusing to reply or respond to the case.
Edited by VISE on Wednesday 16th March 14:52
TwigtheWonderkid said:
Are you sure you don't have uninsured loss recovery cover on your insurance. If so, they should be doing all this for you.
EUI Law are dealing with it, but are yet to get me anywhere... can't even get hold of my case handler and that's been since January. I've called his supervisor and the main office but nobody can ever get hold of him. I heard he works until 12 most days, even then I can't get in touch with him.VISE said:
Okay, I can do that.
I'll keep a record of the documents I send, also my excess is £5000 so I highly doubt he's going to pay that, so I may as well just give him the written notice and send it recorded delivery and go from there?
I'm tired of waiting around now, it's clear he hit me (rear end damage, 2 independent witnesses also say it was his fault), but he was very stubborn on road-side also, said if a lorry hit me, the side of my car wouldn't be there.
The only way I would've done the damage that occurred to my car would be if I reversed into the lorry... on a roundabout... at speed.
The money is mine, so I owe nobody £5000, but it's more the principle behind it. I'm now down £5000 and cannot insure my car for less than say £7000 at a push, meaning I have to get trains everywhere at the moment which is also an inconvenience due to where I live. So not only am I out of pocket at the moment, I can't insure my own car because he's refusing to reply or respond to the case.
You pay £7000 a year to insure an A Class Merc with a £5000 excess and this has been going on for five months and you're still not that upset? I'd be fuming. I'll keep a record of the documents I send, also my excess is £5000 so I highly doubt he's going to pay that, so I may as well just give him the written notice and send it recorded delivery and go from there?
I'm tired of waiting around now, it's clear he hit me (rear end damage, 2 independent witnesses also say it was his fault), but he was very stubborn on road-side also, said if a lorry hit me, the side of my car wouldn't be there.
The only way I would've done the damage that occurred to my car would be if I reversed into the lorry... on a roundabout... at speed.
The money is mine, so I owe nobody £5000, but it's more the principle behind it. I'm now down £5000 and cannot insure my car for less than say £7000 at a push, meaning I have to get trains everywhere at the moment which is also an inconvenience due to where I live. So not only am I out of pocket at the moment, I can't insure my own car because he's refusing to reply or respond to the case.
Edited by VISE on Wednesday 16th March 14:52
You seriously have a £5000 excess??!!
You need to give the people who are trying to recover your uninsured losses a kick up the arse. If it is a straight forward rear end shunt and you have witnesses, it should be a relatively easy recovery. They would present the claim to the Third Party insurers who should deal with it. Even if the other guy has his own people dealing with a claim for his own uninsured losses, his insurers could still settle your claim on a without prejudice basis without affecting his own claim. Even so, I doubt anyone would take on a claim where he has hit the rear of you. Usually, they need a better than 50% chance of success to proceed with such a claim and if everything is as you say, I don't know why they've taken it on.
You need to give the people who are trying to recover your uninsured losses a kick up the arse. If it is a straight forward rear end shunt and you have witnesses, it should be a relatively easy recovery. They would present the claim to the Third Party insurers who should deal with it. Even if the other guy has his own people dealing with a claim for his own uninsured losses, his insurers could still settle your claim on a without prejudice basis without affecting his own claim. Even so, I doubt anyone would take on a claim where he has hit the rear of you. Usually, they need a better than 50% chance of success to proceed with such a claim and if everything is as you say, I don't know why they've taken it on.
Yup! The damage was rear end on my rear bumper and then followed round up to the rear quarter panel. My back wheel was also pulled out from the rear outwards like \ as it had been pulled out from behind and dragged round (which it was).
2 independent witnesses have said in their statements that they hold him fully liable and that he caused the accident fully and there was nothing I could do to stop it.
It's a piss take because I can't even get hold of my solicitor to chase it up, today I'll call his supervisor again because I'm bored of this!
2 independent witnesses have said in their statements that they hold him fully liable and that he caused the accident fully and there was nothing I could do to stop it.
It's a piss take because I can't even get hold of my solicitor to chase it up, today I'll call his supervisor again because I'm bored of this!
KungFuPanda said:
Even if the other guy has his own people dealing with a claim for his own uninsured losses, his insurers could still settle your claim on a without prejudice basis without affecting his own claim.
No they couldn't! If your insurance company settle a tp claim, how the hell are you going to successfully be able to recover your uninsured losses from the same tp who have already been paid by your insurer. The fact that he's been paid out by your insurers shows they've accepted liability, and they are acting as you, under rights of subrogation. When your insurer pays out, legally it's as if you've paid out."Without prejudice" only takes you so far. You cannot do something that is clearly prejudicial and claim it's been done without prejudice.
TwigtheWonderkid said:
No they couldn't! If your insurance company settle a tp claim, how the hell are you going to successfully be able to recover your uninsured losses from the same tp who have already been paid by your insurer. The fact that he's been paid out by your insurers shows they've accepted liability, and they are acting as you, under rights of subrogation. When your insurer pays out, legally it's as if you've paid out.
"Without prejudice" only takes you so far. You cannot do something that is clearly prejudicial and claim it's been done without prejudice.
My insurance promise they're standing by me and agree with my counts and the investigator reports, they've only paid for my damage as I needed the car repaired, can't have a sub 40k car sitting on the driveway broken haha!"Without prejudice" only takes you so far. You cannot do something that is clearly prejudicial and claim it's been done without prejudice.
But the only thing now is they're trying to reclaim their money which is £15k or plus, so why are they letting it take so long? I know they're a big company, but 15k is 15k...
VISE said:
TwigtheWonderkid said:
No they couldn't! If your insurance company settle a tp claim, how the hell are you going to successfully be able to recover your uninsured losses from the same tp who have already been paid by your insurer. The fact that he's been paid out by your insurers shows they've accepted liability, and they are acting as you, under rights of subrogation. When your insurer pays out, legally it's as if you've paid out.
"Without prejudice" only takes you so far. You cannot do something that is clearly prejudicial and claim it's been done without prejudice.
My insurance promise they're standing by me and agree with my counts and the investigator reports, they've only paid for my damage as I needed the car repaired, can't have a sub 40k car sitting on the driveway broken haha!"Without prejudice" only takes you so far. You cannot do something that is clearly prejudicial and claim it's been done without prejudice.
But the only thing now is they're trying to reclaim their money which is £15k or plus, so why are they letting it take so long? I know they're a big company, but 15k is 15k...
So they are probably waiting for EUI Law or whoever to recover your £5K first.
TwigtheWonderkid said:
One of the benefits of an xs on a policy from insurer's view is that it saves them having to fight to recover their outlay paid for damage. They can sit back and wait for you to recover the xs and when that's done, they can recover their outlay riding on the back of your work and success.
So they are probably waiting for EUI Law or whoever to recover your £5K first.
I see! However, their amount is much higher than mine, a little over double.So they are probably waiting for EUI Law or whoever to recover your £5K first.
I guess I'll give EUI a call now.
VISE said:
TwigtheWonderkid said:
One of the benefits of an xs on a policy from insurer's view is that it saves them having to fight to recover their outlay paid for damage. They can sit back and wait for you to recover the xs and when that's done, they can recover their outlay riding on the back of your work and success.
So they are probably waiting for EUI Law or whoever to recover your £5K first.
I see! However, their amount is much higher than mine, a little over double.So they are probably waiting for EUI Law or whoever to recover your £5K first.
I guess I'll give EUI a call now.
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