LoonR1 or similar expert - genuine question
Discussion
Hi,
I'd be grateful for any pointers re: my other half and an insurance claim that has been going on since Sep last year.
She was hit from behind on the M1; the other party's insurers admitted liability and the damage repair has been dealt with. However, she suffered physical injury as a result of the accident resulting in a considerable length of time off work and loss of income plus genuine psychological effects (some directly relating to the accident and some of them due to the consequences of her injuries and effect on her work/personal life).
Her insurers have of course been dealing with this and she has had a medical assessment but despite numerous phone calls, emails and letters to the various parties assigned to the case there has been no progression. Last week she received a cheque from the underwriters for a reasonable sum but with no explanation as to what it was for. She phoned her insurer to clarify who told her it was a mistake and related to some internal payment that should never have gone to her. She has been hounded by the underwriter who claimed she had cashed the cheque and that the money should be paid back. She has not cashed the cheque and still has it although I think they have finally accepted this after some "complex discussions with accounts".
Regardless of all this, she is out of pocket having had several months off work and despite calls to the insurers (who refer her to the solicitors dealing with the case) there have been no responses. How do we take this further or should be try and appoint an independent legal firm at this stage?? We are absolutely not trying to get something that is undeserved. She is a GP and was out of work for some time and has residual disability that needs reasonable compensation.
I guess the questions are can we legitimately switch to an independent legal team at this stage or, alternatively, how can we progress this using the current setup?? The insurers and underwriters are well known and established.
Thanks
Steve
I'd be grateful for any pointers re: my other half and an insurance claim that has been going on since Sep last year.
She was hit from behind on the M1; the other party's insurers admitted liability and the damage repair has been dealt with. However, she suffered physical injury as a result of the accident resulting in a considerable length of time off work and loss of income plus genuine psychological effects (some directly relating to the accident and some of them due to the consequences of her injuries and effect on her work/personal life).
Her insurers have of course been dealing with this and she has had a medical assessment but despite numerous phone calls, emails and letters to the various parties assigned to the case there has been no progression. Last week she received a cheque from the underwriters for a reasonable sum but with no explanation as to what it was for. She phoned her insurer to clarify who told her it was a mistake and related to some internal payment that should never have gone to her. She has been hounded by the underwriter who claimed she had cashed the cheque and that the money should be paid back. She has not cashed the cheque and still has it although I think they have finally accepted this after some "complex discussions with accounts".
Regardless of all this, she is out of pocket having had several months off work and despite calls to the insurers (who refer her to the solicitors dealing with the case) there have been no responses. How do we take this further or should be try and appoint an independent legal firm at this stage?? We are absolutely not trying to get something that is undeserved. She is a GP and was out of work for some time and has residual disability that needs reasonable compensation.
I guess the questions are can we legitimately switch to an independent legal team at this stage or, alternatively, how can we progress this using the current setup?? The insurers and underwriters are well known and established.
Thanks
Steve
I'm confused. Whose insurance is doing what? Your wife's insurers won't be involved in this at all now, as an injury claim is an uninsured loss. Her legal expenses policy may be invoked and there will be a firm dealing with it from that, if she had legal expenses. However, any payout will be coming from the other side's insurers and you should not under any circumstances have any direct contact with them.
Other than that I'm not sure what the question is. Are you just saying you wan tot switch firms? That isn't an insurance question if so, it's a legal question around what contract you've signed with the current firm amd what claim they have on any potential future payout.
Other than that I'm not sure what the question is. Are you just saying you wan tot switch firms? That isn't an insurance question if so, it's a legal question around what contract you've signed with the current firm amd what claim they have on any potential future payout.
LoonR1 said:
I'm confused. Whose insurance is doing what? Your wife's insurers won't be involved in this at all now, as an injury claim is an uninsured loss. Her legal expenses policy may be invoked and there will be a firm dealing with it from that, if she had legal expenses. However, any payout will be coming from the other side's insurers and you should not under any circumstances have any direct contact with them.
Other than that I'm not sure what the question is. Are you just saying you wan tot switch firms? That isn't an insurance question if so, it's a legal question around what contract you've signed with the current firm amd what claim they have on any potential future payout.
Hi thanks - yes you are right, the injury claim is via the legal expenses cover she has on her policy. The erroneous cheque came from the insurer's underwriters and I suspect was a mistake that had something to do with the damage claim. Other than that I'm not sure what the question is. Are you just saying you wan tot switch firms? That isn't an insurance question if so, it's a legal question around what contract you've signed with the current firm amd what claim they have on any potential future payout.
What you have said might explain why her insurers are referring her to the legal firm that they (presumably) use for their legal expenses policy. Clearly she hasn't signed a contract with them although has signed a contract with her insurers who have agreed to provide this service, if this makes sense?
Thanks
Steve
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