Hi, I wondered if anyone can offer me some advice about what to do next.... My problem started on the 23rd December 2007, having just got back from visiting relatives I was happily cooking tea in the kitchen when some one driving without due care (I am being kind when I say that!) came hurtling down the road, smashed into my front wall then proceeded to shunt my car into my neighbours wall before pushing my car further down the road where they finally stopped with their airbags fully inflated and a little dazed. BANG went my christmas, My car a total write off, my christmas presents in the boot and on the seat totally destroyed beyond recognition and no transport in which to go and buy any food for the christmas period.

The police got all the details including the drivers insurance information and I passed this onto my insurance company and was told that no one was available to deal with it but someone would contact me after the christmas period. I am FULLY COMPREHENSIVE and have LEGAL COVER - so I thought well I am totally without fault in this accident so I should be ok?

NO ONE CONTACTED ME and I had to literally beg them to let me have a hire car (which they have now taken off me) now 2 months later and after many many phone calls and letters of complaint I have still only been offered £2,800.00 - this leaves me with over a £1,000.00 debt on the finance and without funds to buy or put a deposit down on another car, plus the excess on my insurances and the loss of personal items which I cannot produce receipts for due to them being in the car at the time. They keep saying that I should have had GAP INSURANCE - but surely this is irrelevant if I am totally without blame ? surely my insurance and legal cover should be fighting to get me all my losses back?? my legal cover states : Legal expenses cover helps you claim from someone who has caused an accident. If you have sustained an injury, require a hire car or wish to claim back your excess, legal cover can help you claim back the costs for these events.

instead my insurance brokers (its4me.co.uk) and my insurance company (equity redstar) and my legal cover insurers (apparently swinton one call - I still have not had any correspondence from them apart from a letter to say that its4me are dealing with my claim!) - ALL keep passing me back between each other - so what do I do now??.

ANY HELP OR ADVICE AT THIS POINT WOULD BE GRATEFULLY RECEIVED, I am currently off work due to an illness brought on by the stress of having to keep bouncing back off this brick wall and have no transport to get to the hospital for the numerous check ups and tests they keep dragging me in for.

thanks for reading, abby.

Hi Abby,

Your insurance company have taken the hire car off you, have I got that right, have you accepted the amount that they have offered you??

Because as I thought it worked that once you had acepted the amount then the case would have been closed.

Have your insurance given you the name of a solicitor to deal with your claim??? If not enquire why you haven't been offered the legal services that you pay for.

4 weeks ago,Julie was hit in a car park while staionary, her insurance company on the Monday morning instructed a solicitor as she had legal expenses on her insurance, the next day the solicitors were on the phone taking deatails of what happened and opened a case.

Your insurance should be telling you whats going on, but it never seems to work like that, it's always the client that does the chasing.

If you don't get any joy go the omb and make a complaint.

Also in the mean time have you got bank statements and credit card statements, these will prove how much you lost on the presents

As far as the car is concerned get prices from Parkers and auto trader for prices of the same car, same reg spec and look at what you insurance is offering for the pay out, if it's not the same and you can not replace the car with the amount they are offering tell them that you can not replace the car and tell them that you will send the proof, via the mail or ask if you can email it to them.

Let us know how you get on.

Gary, I will just add that legal cover is often sold through the broker, which does cause a lot of confusion.

hi Gary,

NO I have NOT accepted the price they offered me

NO they have NOT given me a solicitor - although they did mention the name of a person who was DEALING with my claim but that person is more elusive than the scarlet pimpernel!)

and when I have searched on the internet for a similar car with a sunroof and very low mileage I am unable to find only cars that are 2 years newer or more than mine - just know that they will not accept that fact.

Thanks for responding I will keep you informed

Abby

Hi Abey,

Then for taking the hire car away, I would say that they should not do that as you have not agreed to accept the offer.

We had that with Zurich last week, when the third party finally admitted reversing into Julie, they actually called Drive Assist who have given Julie a 57 reg Ford Foucus Ghia, (which I think, she's fallen in love with, but only because of the sound system) and told them that she could drive the kids around in my car and I could drive hers, while waiting for the repair company to come and collect it. So drive assist called Julie and asked if she still needed the car, and Julie told them that Zurich were trying to twist her arm up her back, to give the car back, so that they could keep the costs down, which the girl at drive assist agreed with, they told Julie to give them a call on Thursday to let them know what was going on, but on Wednesday the repair company called to take Julie's for repair and told her it would be away for 8 days. So she still has the hire car.

So as you have not agreed a final price(settlement) I don't think that they can take the car from you, they can once you have settled the claim, but not until then.

As for not being able to repalce your car with a like for like model, you may have to down grade on maybe the year or the spec or save a bit to upgrade year spec. Or go for a completley different make and model.

What car did you have??? because this is where we would have had a battle on our hands if they had wanted to write Julie's car off as it is a Pug 206, 5 door(most are 2 door)plus it's a 1.9 desiel, most are petrol and 1.6 or 1.4, add to that it was low millage for the year as well, when we bought it it had just 86.000.

Did you pay for legal cover and if so, did you get any booklets, when you paid for it, on another point have you still got a reciept from when you paid for your insurance???

Hopefully this has helped.