Insurance Claim help needed
Discussion
I'll explain please bear with me as I want too explain fully...
I was driving my wife’s car under my policy (3rd party cover). Wh8ilst on a roundabout I was hit by another car on my right deciding to take and exit far to late and cutting across me, he took out the front drivers side wing, bumper and bonnet. At the time I got him to sign for liability (I wrote the note) and also took pictures of the incident which clearly show the debris of my wife's car past the exit. :rant:
The driver of the other car wanted to go private as he conveniently works in a car body shop. However I wanted to go through the insurance for two reasons, guaranteed work and a personal injury claim (I've strained my back through whiplash). This all happened a week ago and I duly reported it. Since then I have heard nothing from the my insurance company (Privilege). I called them several times and they are looking trying to establish liability with his insurance company (again Privilege).
I called them again today and they have said that the third party is yet to report the accident they have opened a case being dealt with by another branch and will wait another two weeks to get in touch to chase and establish liability. This could take a number of weeks as these cases are hard to agree on.
My dilemma is this. Privilege have no benefit in accepting liability from his side and I believe he will contest as he wanted to go private. This process is taking to long and my wife needs her car. If I pursue and I don't get the appropriate liability result my premium will go up I won't get any money for the repairs and I would have to pay the excess.
SO what should I do, shall I put a stop to the claim and go privately or should I pursue this through my insurance company and if so does anyone know if I would need to get legal representation and where would I stand if this went to court?
Apologies for the long winded post, but someone please please help.
I was driving my wife’s car under my policy (3rd party cover). Wh8ilst on a roundabout I was hit by another car on my right deciding to take and exit far to late and cutting across me, he took out the front drivers side wing, bumper and bonnet. At the time I got him to sign for liability (I wrote the note) and also took pictures of the incident which clearly show the debris of my wife's car past the exit. :rant:
The driver of the other car wanted to go private as he conveniently works in a car body shop. However I wanted to go through the insurance for two reasons, guaranteed work and a personal injury claim (I've strained my back through whiplash). This all happened a week ago and I duly reported it. Since then I have heard nothing from the my insurance company (Privilege). I called them several times and they are looking trying to establish liability with his insurance company (again Privilege).
I called them again today and they have said that the third party is yet to report the accident they have opened a case being dealt with by another branch and will wait another two weeks to get in touch to chase and establish liability. This could take a number of weeks as these cases are hard to agree on.
My dilemma is this. Privilege have no benefit in accepting liability from his side and I believe he will contest as he wanted to go private. This process is taking to long and my wife needs her car. If I pursue and I don't get the appropriate liability result my premium will go up I won't get any money for the repairs and I would have to pay the excess.
SO what should I do, shall I put a stop to the claim and go privately or should I pursue this through my insurance company and if so does anyone know if I would need to get legal representation and where would I stand if this went to court?
Apologies for the long winded post, but someone please please help.
I think that the facts as I see them are:
You were covered TPFT, and need to claim off him
You have written admission of liability, which "his" chaps will be v v v annoyed by
You are both through the same people, which shouldnt matter as there will be a chinese wall between the two halves
Tough titty that he wanted to go private: you wanted the work done to your satisfaction, and you may be making a compo claim(eyebrow raised here)
Unless you get a No Fault marking on your claim, and probably even then, yes your premium will go up.
Bottom line, is that if he really is in the wrong, and you have that in writing, I suspect you are better off going forwards with the claim, and just keep checking on the status of the claim.
Marcus
You were covered TPFT, and need to claim off him
You have written admission of liability, which "his" chaps will be v v v annoyed by
You are both through the same people, which shouldnt matter as there will be a chinese wall between the two halves
Tough titty that he wanted to go private: you wanted the work done to your satisfaction, and you may be making a compo claim(eyebrow raised here)
Unless you get a No Fault marking on your claim, and probably even then, yes your premium will go up.
Bottom line, is that if he really is in the wrong, and you have that in writing, I suspect you are better off going forwards with the claim, and just keep checking on the status of the claim.
Marcus
From what I've seen, whiplash is typically about £1500 by the time it goes through the system. Why not ask the other driver for a cheque for the whiplash and a legal contract that his company will repair the work to a high standard, and see what his take is? If he signs it and the cheque clears and he is reasonable, call off the dogs.
That said, it is legally much simpler (and less dodgy!) to chase and chase it through your insurance co., but it may take ages to get sorted out.
Speed vs legal watertightedness - your choice.
And you may have problems if matey boy doesn't repair your car well or quickly.
That said, it is legally much simpler (and less dodgy!) to chase and chase it through your insurance co., but it may take ages to get sorted out.
Speed vs legal watertightedness - your choice.
And you may have problems if matey boy doesn't repair your car well or quickly.
..I agree with Marcus. All I would add is to keep a copy of the signed admission of fault, otherwise the original may "go missing" with the insurance companys administration. Also if you feel that things are not being dealt with correctly, you can always resort to the insurance ombudsman.
Cheers
Matt
Cheers
Matt
Cheers guy's I was getting a bit stressed with all of this...when I spoke to the insurance claims advisor he said that the note I had signed by the 3rd party was worth nothing as he could contest that he didn't write or sign it, or even signed it under duress!
I want to go through my insurance co but am scared of escalating costs and the possibility of losing out in the long run especially as he offered to do the work...obviously either route has inherent risks what I’m trying to do is weigh up each and make an informed decision.
I want to go through my insurance co but am scared of escalating costs and the possibility of losing out in the long run especially as he offered to do the work...obviously either route has inherent risks what I’m trying to do is weigh up each and make an informed decision.
Same company insurance claims are a nightmare. Either way the company has to pay out. They typically try and encourage a 'knock for knock' type settlement - result - they aren't out of pocket.
Following having my M3 stolen (with a tracker - which the police used to locate the car - which was by then stripped) priveledge were next to useless and I ended up involving my solicitor and the ombudsman to help resolve the matter.
Threaten them with involving your solicitor, and tell them to liaise through him/her and I think you'll see a turnaround in their attitude/response times. Just thank your lucky stars the met police are not involved, as I think several of their detectives would have difficulty spelling CID....
Enjoy the whole claims process - it makes you shop around not just on the basis of price next time you come for a renewal.....
Following having my M3 stolen (with a tracker - which the police used to locate the car - which was by then stripped) priveledge were next to useless and I ended up involving my solicitor and the ombudsman to help resolve the matter.
Threaten them with involving your solicitor, and tell them to liaise through him/her and I think you'll see a turnaround in their attitude/response times. Just thank your lucky stars the met police are not involved, as I think several of their detectives would have difficulty spelling CID....
Enjoy the whole claims process - it makes you shop around not just on the basis of price next time you come for a renewal.....
Think all insurance companies are t
ts personally.
There sole aim seems to be to settle where each driver pays for their own damage. Anything else is just too much hard work for them.
I am probably slightly biased though, after being hit by a dozy cow driving at 9pm at night, pitch black, with no lights on. I pulled out, she hit me. She admitted full liability on the scene but changed her mind later. Insurance settled for us each to pay for our own damage.
And people wonder why so many are driving around uninsured.
ts personally. There sole aim seems to be to settle where each driver pays for their own damage. Anything else is just too much hard work for them.
I am probably slightly biased though, after being hit by a dozy cow driving at 9pm at night, pitch black, with no lights on. I pulled out, she hit me. She admitted full liability on the scene but changed her mind later. Insurance settled for us each to pay for our own damage.
And people wonder why so many are driving around uninsured.
You must have a legal insurance policy as part of your over insurance. Use them to chase up the 3rd party. You will in the end do the work of your insurance. Last time it took me 18 months to settle and only because I paid up, used my issurance and then suide the other party for the excess. Then the insurance company will follow.
Dre911 said:
I want to go through my insurance co but am scared of escalating costs and the possibility of losing out in the long run especially as he offered to do the work...obviously either route has inherent risks what I’m trying to do is weigh up each and make an informed decision.
There should be no escalating costs here.... you have TPF&T cover, but he hit you. You have always denied liability.
If they try and apportion even some liability on you and confiscate no-claims or try and say they're not paying out, get the insurance ombudsman involved. You will find they only charge a small fee (about 50 GBP from memory) and that is it! Insurers hate the scheme as it takes a lot of man hours preparing a case, so they tend to settle out of 'court'. I helped my mum keep her NCB in a similar case.
Cheers
D
You won't lose anything going through the insurers. Your NCB will be intact unless they can PROVE you were partly or totally to blame.
Escalating costs is something to watch out for if you get your solicitor involved (either to cajole the insurers or sue the other motorist directly). One 40 GBP letter may be enough, but if not... ouch! Remember that for small claims each party generally bears their own costs. So try the ombudsman first, then maybe go through the small claim court yourself without a solicitor (works out at about 150 GBP in costs after various fees have been paid, but they may pay up before half those have been paid out). It WILL take 6 months tho'.
Glad the site is useful.
Rgds
D
Escalating costs is something to watch out for if you get your solicitor involved (either to cajole the insurers or sue the other motorist directly). One 40 GBP letter may be enough, but if not... ouch! Remember that for small claims each party generally bears their own costs. So try the ombudsman first, then maybe go through the small claim court yourself without a solicitor (works out at about 150 GBP in costs after various fees have been paid, but they may pay up before half those have been paid out). It WILL take 6 months tho'.
Glad the site is useful.
Rgds
D
Just a quick word. The ombudsman will insist that the company's own internal grievance policy has been followed prior to getting involved. This in itself, as you can imagine, is tedious and painful beyond belief. The only upside is when you are sat there thinking 'at least I don't work with these halfwits in the motor insurance industry'.....
Keep phoning every day and ask to speak to at least a supervisor or the person who is dealing with your claim.
Get a direct telephone number and phone every day. Be courteous but firm and ask for full details as to what is happening.
Take down details of date and time of phone call and what was discussed.
Privilege is a subsiduary of Direct Line who look to have a turnaround of approx 10 days to settle claims. The fact that both parties are with the same insurer should speed things up not slow it down.
So get on the phone and pester, it is the only way.
Get a direct telephone number and phone every day. Be courteous but firm and ask for full details as to what is happening.
Take down details of date and time of phone call and what was discussed.
Privilege is a subsiduary of Direct Line who look to have a turnaround of approx 10 days to settle claims. The fact that both parties are with the same insurer should speed things up not slow it down.
So get on the phone and pester, it is the only way.
ing insurance companies! I've just got of the phone with Privilege and they say I am only on third party when driving another vehicle, this does not include legal cover even if my policy has legal cover. So what this means is that they will not pursue the claim of damages from me against the third party but only defend me should a claim be made by him against me! The options I have available to me are 1 settle with the individual
2 Represent myself and submit a written claim against him
3 find a solicitor to represent me and manage the claim process
B*llocks is all I can say absolute b*llocks, anyone know of a good solicitor who knows about this area? Anyone know anyone who has done this before. I'm tempted to settle directly with the third party but I was hoping to claim for my injuries...I've been off work with pulled (strained) back muscles.
An again thanks for listening/reading and any advice again is appreciated.
If I read this correctly, he seems yet to have reported the incident to "his" insurers (i.e. yours). Doesn't that leave him on dodgy ground, as the T&C of his policy almost certainly require him to report the accident to them?
However, as has been noted, Priv are unlikely to push too hard for something that will inevitably cost them money.
However, as has been noted, Priv are unlikely to push too hard for something that will inevitably cost them money.
As has accepted liability and you know his insurer why not involve a claims managment company who will provide you with a car whalst yours is of the road you will find that the prospect having to pay those charges will focus the mind of your insurer
www.bristolandlondon.com/
www.bristolandlondon.com/
pdV6 said:
If I read this correctly, he seems yet to have reported the incident to "his" insurers (i.e. yours). Doesn't that leave him on dodgy ground, as the T&C of his policy almost certainly require him to report the accident to them?
However, as has been noted, Priv are unlikely to push too hard for something that will inevitably cost them money.
He should also have notified the police within 24/48 hours (can't remember which). Failing to report an accident may be an offence?
Hate to add to the doom and gloom but I got knocked off my motorcycle and seriously injured by a car 2 years ago and even though he was fined and had points added a year later, his insurance co have only just admitted fault.
Now the wrangling over money. I have got rid of the dozy legal protection solicitor and have paid for a top lawyer in this field but even he advises me that it will be at least a year before I see any compensation.
Meanwhile the bike was written off but I was TPFT and I lost a lot of work as a self employed person. A small financial disaster but thankfully I have recovered with just a few niggling aches and pains.
If I was still off work, I would have lost my house by now so can anyone explain why the whole damn system is soooo slow. Rant over.
Moral: Nothing will happen for a long time if you are waiting for the insurance co to pay up.
Now the wrangling over money. I have got rid of the dozy legal protection solicitor and have paid for a top lawyer in this field but even he advises me that it will be at least a year before I see any compensation.
Meanwhile the bike was written off but I was TPFT and I lost a lot of work as a self employed person. A small financial disaster but thankfully I have recovered with just a few niggling aches and pains.
If I was still off work, I would have lost my house by now so can anyone explain why the whole damn system is soooo slow. Rant over.
Moral: Nothing will happen for a long time if you are waiting for the insurance co to pay up.
domster said:Yes, where there's an injury to a person, dog, horse, tasmanian devil... Damage only = no need iirc. In this case as an injury claim is involved shouldn't plod know already - unless the injury appeared later? Accidents and insurance, gawd elpus.
He should also have notified the police within 24/48 hours (can't remember which). Failing to report an accident may be an offence?
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