Hit and run - yet another insurance question...
Hit and run - yet another insurance question...
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Discussion

tallmat

Original Poster:

50 posts

220 months

Thursday 23rd April 2015
quotequote all
Have read through a lot of the many insurance threads on here, lots are helpful, though every case is different. So here's mine...

-- In October I leave restaurant, find my triumph motorbike on it's side.
-- Note left on the bike from witnesses who saw it struck by Ford Kuga which then stooped briefly, then drove off.
-- Call my insurer, they refer me to claims management firm.
-- I call Police, and make contact with the witnesses.
-- Next day I receive call from Aviva, asking me to deal direct with them, promising to settle it quick and without fuss.
-- Police write and tell me car driver issued with a warning but not being charged.
-- I get quotes for repairs. Just under £2.5k
-- Email these to Aviva. No reply. I call them, they tell me to send pics etc. I do this, then call again, and am told repairs approved, and to proceed. Told that Aviva will reimburse me. I repeatedly ask them to confirm I can proceed, with repairs and they repeatedly say 'go ahead, send us the bill'.
-- So I do just that. Email them the bill. No reply or acknowledgement. I call and am told it's approved for payment, cheque to be issued in 7 days.
-- This was in late February. Two months of chasing, and repeatedly told cheque is in the post, still nothing.
-- Finally I receive a letter 2 weeks ago confirming their 'interest' as insurer of the other party, but that the insured (the car driver) disputes the amount. I call them again and they advise me because the insured is challenging the cost of repair they can't pay until he agrees the amount. Eh?

Reading the above makes me feel naive and a bit dumb, but at the time, the strength of the verbal assurances from Aviva, and that they're a big company, I wasn't as mistrusting as I should have been.

They've told me that they'll give the insured 7 days to accept the cost of repairs, and if he doesn't challenge it, then I'll be paid. They can't advise what happens if he doesn't agree...

This after 4 months and 12+ telephone conversations in which I've been told (in this order) the quote is accepted, that the works are approved, to proceed with repairs, to submit the invoice, and that cheque is in the post.

I wish I just let the claim handlers deal with this.

It feels as if I'm going to have bring an action to recover the money due to me, to get back in the same place I was 7 months ago. Other than the letter, I have nothing in writing or replies to the multiple emails I sent to Aviva.

The one thing I haven't told them yet is that apart from the initial call they made to me, I have recorded every conversation, with all those assurances and instructions to get the bike repaired.

I simply don't understand why they need the agreement of the driver to the amount it cost to repair. They were given every opportunity to have it independently inspected and assessed.

Assuming they don't pay, where do I go from here?

Thanks in advance.

Timsta

2,779 posts

276 months

Thursday 23rd April 2015
quotequote all
What do you have in writing from the insurer?

tallmat

Original Poster:

50 posts

220 months

Thursday 23rd April 2015
quotequote all
A letter from their claims department that opens with: "I note that though we are primarily responsible for the accident, however our client disputes Quantum over the outlay".

It then goes on to request images, contact details for any independent witnesses and any engineers reports. All of which have been provided previously..

Warmfuzzies

4,377 posts

283 months

Friday 24th April 2015
quotequote all
Request the phone records

tallmat

Original Poster:

50 posts

220 months

Friday 24th April 2015
quotequote all
Yep, they tell you every time that the conversation are recorded.

Is there a legal right to ask for these?

defblade

8,075 posts

243 months

Friday 24th April 2015
quotequote all
tallmat said:
however our client disputes Quantum over the outlay
So, "I did hit the bike, but I don't think, after buggering off without even checking, and due to my many years of motorcycle repair experience, that I did that much damage to it."

I'm not sure if you can go to the ombudsman at this stage, but I'd be finding out....

TwigtheWonderkid

49,211 posts

180 months

Friday 24th April 2015
quotequote all
Do a letter direct to other party (assuming you have his details) giving them 7 days to settle your claim in full or you will issue a small claims court action to recover it.

Then, in 7 days, go online and fill in the documents for the small claims court, print it out and send it off with your chq (it's not much) and get the ball rolling.

economicpygmy

388 posts

153 months

Friday 24th April 2015
quotequote all
TwigtheWonderkid said:
Do a letter direct to other party (assuming you have his details) giving them 7 days to settle your claim in full or you will issue a small claims court action to recover it.

Then, in 7 days, go online and fill in the documents for the small claims court, print it out and send it off with your chq (it's not much) and get the ball rolling.
^ This

tallmat

Original Poster:

50 posts

220 months

Friday 24th April 2015
quotequote all
TwigtheWonderkid said:
Do a letter direct to other party (assuming you have his details) giving them 7 days to settle your claim in full or you will issue a small claims court action to recover it.

Then, in 7 days, go online and fill in the documents for the small claims court, print it out and send it off with your chq (it's not much) and get the ball rolling.
Good advice, thank you. I will do this. I'm still confused as to why Aviva appear to have accepted the responsibility, plus all the subsequent actions to approve repairs etc, and then seem to try and retract all of this.

Thanks again

carreauchompeur

18,331 posts

234 months

Friday 24th April 2015
quotequote all
How annoying. I like the direct approach to third party as it will inspire them to badger their insurance company into action!

TwigtheWonderkid

49,211 posts

180 months

Saturday 25th April 2015
quotequote all
Don't forget to add the cost of the small claims court action on to your claim.