3rd Party's Insurance Ignores Mine, Do I Have Any Options?
Discussion
About a year ago one of my neighbours reversed up my driveway and into my car. There was no hassle with blame, insurance details or even getting my car repaired. It was all fast and easy.
That's exactly the stage we're still at, a year later. I'm out of pocket for the excess and i have a "fault" claim against me because the claim is not yet resolved.
The other party's insurer responds to all mail sent by my insurer with a variation of "we're looking into it".
I have legal cover on my policy but it's entirely up to my insurer's appointed solicitors (i can't choose my own) whether they take any action. Their current stance is "we're not ready to proceed to litigation". I'm not clear why and can't get anything out of them (it's in process sir / we're also looking into it).
Do i have any options for making either my side's solicitors get a move on, or the other side's insurance company to get a move on with processing the claim against them?
Neighbour has moved away, i can't contact them to find out what's going on from their side. I assume they're just ignoring all communications too.
That's exactly the stage we're still at, a year later. I'm out of pocket for the excess and i have a "fault" claim against me because the claim is not yet resolved.
The other party's insurer responds to all mail sent by my insurer with a variation of "we're looking into it".
I have legal cover on my policy but it's entirely up to my insurer's appointed solicitors (i can't choose my own) whether they take any action. Their current stance is "we're not ready to proceed to litigation". I'm not clear why and can't get anything out of them (it's in process sir / we're also looking into it).
Do i have any options for making either my side's solicitors get a move on, or the other side's insurance company to get a move on with processing the claim against them?
Neighbour has moved away, i can't contact them to find out what's going on from their side. I assume they're just ignoring all communications too.
My insurer's happy to litigate, they referred to their legal counsel approx 7-8 months ago.
The claim value is just my excess, i'm more concerned about re-establishing my NCB. I suppose that puts me bottom of the solicitors case list.
Should i be waiting for some final position before i engage these chaps? http://www.financial-ombudsman.org.uk/publications...
The claim value is just my excess, i'm more concerned about re-establishing my NCB. I suppose that puts me bottom of the solicitors case list.
Should i be waiting for some final position before i engage these chaps? http://www.financial-ombudsman.org.uk/publications...
If its as straight forward as it sounds with regards to liability then I doubt your insurer has resulted to legal proceedings. If they have then the third party *should* have a good reason to defend.
If the third party is ignoring without any real reason other than they are looking into it a quick section 152 letter normally does the trick. The third party insurer can then either settle WOP or look to defend accordingly. There is always options available.
Turning to your excess claim you can contact the third party insurer direct for this however you are unlikely to get anywhere unless liability has been established. You can instruct a solicitor however unless your in Scotland or Ireland you will have to pay the fees. Your insurer could recover it but again that's down to them.
I think there's more to this than meets the eye. First thing I'd be doing is telling your insurer your really not happy and would like this sped up! See why the third party insurer is ignoring them. Either liability is disputed or it isnt.
If the third party is ignoring without any real reason other than they are looking into it a quick section 152 letter normally does the trick. The third party insurer can then either settle WOP or look to defend accordingly. There is always options available.
Turning to your excess claim you can contact the third party insurer direct for this however you are unlikely to get anywhere unless liability has been established. You can instruct a solicitor however unless your in Scotland or Ireland you will have to pay the fees. Your insurer could recover it but again that's down to them.
I think there's more to this than meets the eye. First thing I'd be doing is telling your insurer your really not happy and would like this sped up! See why the third party insurer is ignoring them. Either liability is disputed or it isnt.
nipsips said:
If its as straight forward as it sounds with regards to liability then I doubt your insurer has resulted to legal proceedings.
The insurer themselves doesn't conduct legal proceedings, they've referred to their legal counsel. Counsel has done, well nothing i can detect in almost 8 months.When i call them i can't get a name for a solicitor in charge of the case. Their phone line goes to a call centre staffed by people who don't actually work at the solicitors which makes it hard to get anything other than "i'll have someone look at that and write to you" - they never actually do write though.
I have a registered address for the solicitors, they're not that far away from me. I could take a trip over to their offices but i imagine i'll only be turned away without an appointment.
Similar thing happened to me some time ago. Someone crashed into me while parked. I was fully comp so claimed off my insurance while providing details of the 3rd-party.
Hey presto! 11 months later and my renewal comes in with my full no claims removed.
My insurers said that they couldn't get an answer from the 3rd-party or her insurers so they had apportiond the loss to me and were recovering their loss through my increased premium.
I pointed out that as it was down to them to recover the loss from the 3rd-party in the evidenced circumstance so the loss was theirs not mine. Their clerk didn't agree but thankfully their CEO did and quickly issued my renewal notice with the no claims restored.
Being a grateful sort of person I thanked him and insured elsewhere and haven't used that company ever since.
You pay for fuly comprehensive so you can claim from your insurer when it isn't your fault and leave the recovery and any losses that they don't recover to them. Paying for your own loss is caled 3rd-party insurance and insurers need reminding of this.
Hey presto! 11 months later and my renewal comes in with my full no claims removed.
My insurers said that they couldn't get an answer from the 3rd-party or her insurers so they had apportiond the loss to me and were recovering their loss through my increased premium.
I pointed out that as it was down to them to recover the loss from the 3rd-party in the evidenced circumstance so the loss was theirs not mine. Their clerk didn't agree but thankfully their CEO did and quickly issued my renewal notice with the no claims restored.
Being a grateful sort of person I thanked him and insured elsewhere and haven't used that company ever since.
You pay for fuly comprehensive so you can claim from your insurer when it isn't your fault and leave the recovery and any losses that they don't recover to them. Paying for your own loss is caled 3rd-party insurance and insurers need reminding of this.
Dairymilk said:
....
You pay for fuly comprehensive so you can claim from your insurer when it isn't your fault and leave the recovery and any losses that they don't recover to them. Paying for your own loss is caled 3rd-party insurance and insurers need reminding of this.
Except the excess isn't insured and can't be claimed for a no-fault. OP- If this geezer's insurers won't play ball, why not just do a SCC for the excess - if/when you win you can point out to your insurers learned friends that you've had a victory and maybe they should get on with it for the repair bill.You pay for fuly comprehensive so you can claim from your insurer when it isn't your fault and leave the recovery and any losses that they don't recover to them. Paying for your own loss is caled 3rd-party insurance and insurers need reminding of this.
It is not great service that you are not able to contact the legal counsel or make any discernible progress with getting your excess back. However I would advise some caution in simply raising a court action against your former neighbor for your excess alone.
Your insurer will be looking to recover the repair costs etc and if you raise an action and take decree against the neighbor for your excess alone you could bar your insurers right to raise a court action for the subrogated claims and prejudice their recovery. Without seeing your insurance contract I cannot be certain but there may be some draconian sanctions if you do this.
The general rule is that all losses MUST be recovered in a single action.
I would suggest contacting your insurance company, stating that you are not happy and trying to escalate beyond the call handlers, perhaps threatening a complaint to the ombudsman.
If that doesn't work I would give your insurer clear notice in writing that you intend to raise for your excess (and I'd suggest a cheeky wee inconvenience claim as well) if they do not progress matters.
Your insurer will be looking to recover the repair costs etc and if you raise an action and take decree against the neighbor for your excess alone you could bar your insurers right to raise a court action for the subrogated claims and prejudice their recovery. Without seeing your insurance contract I cannot be certain but there may be some draconian sanctions if you do this.
The general rule is that all losses MUST be recovered in a single action.
I would suggest contacting your insurance company, stating that you are not happy and trying to escalate beyond the call handlers, perhaps threatening a complaint to the ombudsman.
If that doesn't work I would give your insurer clear notice in writing that you intend to raise for your excess (and I'd suggest a cheeky wee inconvenience claim as well) if they do not progress matters.
Forums | Speed, Plod & the Law | Top of Page | What's New | My Stuff