Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

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  1. #1
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    Default Advice Please – Car Insurance Claim

    My daughter and her friend were stationary in her car when a car came speeding up behind her and hit the front of her vehicle.
    My daughter gave the other young driver her details and when she ask for hers she refused stating “you don’t need them” though she did state that it was a courtesy car and she was driving on the mothers insurance and left the scene of an accident without giving details my daughter in shock didn’t even get her reg.
    We promptly informed our insurance and waited. Two weeks later arrived a claim from the other party saying that whilst my daughter was carrying out a 3 point turn she pulled out into the path of this other vehicle (totally untrue). Her mother’s car is a mobility car and we only have her name. I have now asked the insurance co for the other driver’s full details so I can pass this onto the police as I suspect fraud being committed here.
    Anyway my daughter’s car has since been written off. Her insurance has put nothing in writing only to ask for her to send off her log book and insurance cert. No discussion of settlement or the £650 excess that my daughter should not have to stand.
    As my daughter is only 19 the insurance has cost her over £2k and she doesn’t appear to be getting what she has paid for.

    Any advice would be most welcome

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  2. #2
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    Default Re: Advice Please – Car Insurance Claim

    Where was the damage on the other vehicle as you have said a car came speeding behind her but hit the front of her vehicle.

    What position in the road was your daughters car ?

    Was there any witness' other than passengers ?

    NS



    Confused, sad,bewildered,befuddled, bemused,disorientated,lon ley until I came here, moving forward to ,trying not to let them drag me down.

  3. #3
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    Default Re: Advice Please – Car Insurance Claim

    Quote Originally Posted by nufsaid View Post
    Where was the damage on the other vehicle as you have said a car came speeding behind her but hit the front of her vehicle. She cut in too soon and damage was done to the side of her passengers door

    What position in the road was your daughters car ? she was stationary and on the correct side

    Was there any witness' other than passengers ? no, only my daughters passenger, someone did come along but that was after

    NS
    Hi nufsaid


  4. #4
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    Default Re: Advice Please – Car Insurance Claim

    Who is your daughters insurer ?

    They should be fighting this claim for her.

    Hiya MD btw

    Confused, sad,bewildered,befuddled, bemused,disorientated,lon ley until I came here, moving forward to ,trying not to let them drag me down.

  5. #5
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    Default Re: Advice Please – Car Insurance Claim

    Hi nusaid

    She is insurered by Gateway and quite frankly they dont want to know. They arranged to pick the car up and was told that she would hear the following day of what was happening. Well that call never came she has had to chase them and chase them. When it first happen she went into the broker and informed them but todate still has to receive an accident form to complete.

    As said previously they want her log book and insurance cert but they haven't even mentioned any figures of settlement. She was also entitled to a replacement car but that hasn't been forthcoming.

    They seem to charge you the earth and you get nothing in return!

    MD

    PS what does btw mean


  6. #6
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    Default Re: Advice Please – Car Insurance Claim

    BTW means "by the way".

    After searching on Google I found out that Gateway is part of the MMA insurance group (I'd heard of MMA but not Gateway). It should be the insurer who handles the claim on behalf of your daughter, unless the broker has "delegated authority" to deal with claims.


  7. #7
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    Default Re: Advice Please – Car Insurance Claim

    The problem would appear to be Her word against the TP's. With no independant witnesses then sadly this may drag out for a while until either liability can be established or ultimatly this may go 50-50, which sadly is usually the case.
    In regards to the insurer, i've not heard of gateway either but same as lemontwist i've heard of MMA. Bottom line is, you shouldn't have to keep chasing this, they should be acting on your behalf and dealing with all this for you.
    Sounds like you may have a bit of an uphill battle but dont lose hope and just stand your ground, i'm sure you'll get there in the end.

    Keep us posted.

    DA

    If you find the advice I give is useful, then please feel free to click the scales

    "It is better to keep your mouth closed and let people think you are a fool than to open it and remove all doubt"

  8. #8
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    Default Re: Advice Please – Car Insurance Claim

    Hi

    This is now becoming very messy.

    Still not heard anything from Gateway re settlement.

    However my daughter heard from the broker yesterday stating that she still owed them over £1k in premiums (she paid by dd) as they had paid Gateway the £2k up front and wanted payment. The man on the end of the phone did not want to know that my daughter had still not heard anything or been paid up just want the outstanding amount quoting "it's in the term and conditions" I am afraid I did loose it with him as he was so rude and did not want/care about my daughters situation. Anyway we looked through the terms and conditionsicon sent and there is no mention that we would still have to pay them the full amount. I also pointed out why should she be paying as she has no car and no certificate as we had to return it to Gateway.

    Can the brokers demand this money


  9. #9
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    Default Re: Advice Please – Car Insurance Claim

    hi MD,

    the policy is an annual policy, its just the method of payment that is monthly- and as a claim has been made for which the may not recover their losses, the full premium would be payable. If they were to recover their outlay (their costs) then they would give a refund.


  10. #10
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    Default Re: Advice Please – Car Insurance Claim

    Quote Originally Posted by Reclaimant View Post
    hi MD,

    the policy is an annual policy, its just the method of payment that is monthly- and as a claim has been made for which the may not recover their losses, the full premium would be payable. If they were to recover their outlay (their costs) then they would give a refund.
    Hi Reclaimant

    Thanks for your reply

    I understand what you are saying but they are the broker not the insurance company. And it does not mention this in the t&c that was sent out.

    And what have this company done for this large premium sweet fa, my daughter is minus a car now for nearly 7 weeks for a accident that was not her fault and trying to get them to do somthing for what they were paid for is an up hill battle.

    The insurance company have requested that she returns the certificate so now has no insurance, no car a outstanding debt of £1k and no settlement in site.

    It just seem totally unfair and she does not know which way to turn


  11. #11
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    Default Re: Advice Please – Car Insurance Claim

    Brokers aren't really my area as i work for a direct insurer so hopefully one of the other gurus on here will be able to give better advice.

    The principle is the same though, you have taken out a 12 month contract to insure the car against loss. The loss has occurred and therefore you are liable for the full premium for the contract as the insurer has held up their end by paying out on the claim. The fact you don't have a car is irrelevant I'm afraid. The policy will still remain in force as the idea is your daughter will use whatever settlement she gets to purchase a new car then transfer this onto the policy for the remainder of the contract.

    The issue would appear to be (and this is where I'm a bit out of my depth) that the broker has paid the insurer in full for the cover and you are simply paying the broker back by monthly instalments. If that's the case, then the broker is within their rights to request the payment in full due to what i explained above.


    Hope this makes sense

    DA

    If you find the advice I give is useful, then please feel free to click the scales

    "It is better to keep your mouth closed and let people think you are a fool than to open it and remove all doubt"

  12. #12
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    Default Re: Advice Please – Car Insurance Claim

    Separate from the problem of insurance, I would have a real issue with the other person involved in the accident with your daughter.

    If there is an accident, and at least one party wishes to go through the insurance route, then it is obligatory for all parties involved to give their details. Her refusal to, I belive, constitutes an offence in its own right. Otherwise, it could be classed as "leaving the scene of an accident", which is a crime.

    And then there is the disgraceful lie that she has made to try and unfairly shift the blame onto your daughter. But I believe her mendacious assertion has a flaw:

    The third party claims your daughter was doing a three-point-turn in the road and hit her as she was driving past? Well, if someone is doing a three-point-turn, they are most likely taking up the whole road and you should wait and not drive past when someone is doing a manoeuvre like that!

    Unfortunately, with young drivers, even when it's not their fault, the insurance companies take advantage of them: they take advantage of your inexperience to try to twist the facts and make you come round to believing it was your fault, so that they can pay the companies even more obscene and unjustified amounts of cash. It's happened to me and several people I know. They tried to do it to me when someone hit the back of me at a red light - yep, tried to imply that my sitting at the red light caused the accident just because I was born later than the guy who hit me! Needless to say I switched insurers.

    I'm really sorry to hear of your situation. I agree that you should not have to be dragged through the mud yourself and your insurance company should sort it all for you, but at the same time, don't give up until justice is served! All the best of luck.


  13. #13
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    Default Re: Advice Please – Car Insurance Claim

    They tried to do it to me when someone hit the back of me at a red light - yep, tried to imply that my sitting at the red light caused the accident just because I was born later than the guy who hit me! Needless to say I switched insurers.
    Just out of interesticon, how was this resolved? Did you go to the Ombudsmanicon service and did they find in your favour, ie that the accident wasn't really your fault?


  14. #14
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    Default Re: Advice Please – Car Insurance Claim

    Quote Originally Posted by LemonTwist View Post
    Just out of interesticon, how was this resolved? Did you go to the Ombudsmanicon service and did they find in your favour, ie that the accident wasn't really your fault?
    I went to the ombudsman, they corrected my insurer and ruled in favour of my innocence for the accident, however my insurance company continued to charge me an increased premium due to the fact that I had been "involved" in an accident despite not being at fault - this Unfair practiceicon is now seemingly becoming more common. Their excuse is "if you are victim of a non-fault accident, you are more likely to have another accident in future" - complete rubbish. Actually I created a thread about it in the "campaigns" section: http://www.consumeractiongroup.co.uk...companies.html. Also there's a 10 Downing Street petition about this: Petition to: stop insurance companies charging innocent people extra for insurance after a car accident when it was not their fault..

    Moneydragon I hope your daughter's issue can be sorted for soon and justly.


  15. #15
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    Default Re: Advice Please – Car Insurance Claim

    Hi Tom

    Thanks for your much needed support.

    Yes I am aware that the third party has committed a criminal offence but my daughter cannot go to the police at this stage as she has no information to give.

    I did ring third party insurance but due to data protection would not give it to me. They did say that they would give it to my daughters insurers but I have asked numeroud times for this, they keep saying we only have what you have given us. I cant seem to get through that all it takes is a simple call from them to the third party insurers.

    I have just written a letter to our insurers trying to get them to give us a settlement and I have also informed that I will be seeking help/advice from fosicon.


  16. #16
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    Default Re: Advice Please – Car Insurance Claim

    That's very depressing about Data Protection not allowing your daughter to find out more about the other driver. Incidences like these should be exactly the times when we should be allowed to take advantage of the Data Protection rules and track down offenders. Good luck with fosicon, I hope they have more sense than the insurers!


  17. #17
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    Default Re: Advice Please – Car Insurance Claim

    Hi

    This still goes my daughter still has received no settlement, the broker is shouting for the remaining premium not interested in anything else all my correspondence is being ignorned not even granted the courtesy of a reply.

    I have now gone down the route of being mis sold this policy with fosicon.

    In the meantime my daughter received a letter today from the broker yes want what is outstanding and that they are now going to put this in the hands of a debt collectoricon.

    Please can some one advise me if correct as I see it this is in dispute and therfore at this stage should not be put in the hands of collectors. If so what do I need to send of to halt this?

    Please help this is really starting to get us down especially my daughter who is struggling without transport.


  18. #18
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    Default Re: Advice Please – Car Insurance Claim

    Bump. Hope you get this sorted, you're getting an appalling service from your insurance. Try Watchdog!


  19. #19
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    Default Re: Advice Please – Car Insurance Claim

    Quote Originally Posted by Dispirited View Post
    Bump. Hope you get this sorted, you're getting an appalling service from your insurance. Try Watchdog!
    Thanks for your support dispirited.

    I have submitted my complaint through fosicon I am now going down the route of being mis sold this policy. So we will see how far I get with this if not then I may try watchdog.

    These companies are quick to take your money but not prepared to do diddly squat when called upon


  20. #20
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    Default Re: Advice Please – Car Insurance Claim

    There are two separate issues here that need to be addressed:

    As i said before, if you've had a "fault" claim then the company is correct to request the rest of the premium for the year so I don't think you'll get very far in arguing this and i would consider paying them what you owe or perhaps seeing if they can deduct it from whatever settlement they give your daughter for her car.

    I would definitely pursue the complaint with the claims department though cos you have received some shocking service!
    Before going to the fosicon, you need to have logged a formal complaint with the insurer and given them time to resolve it. If you haven't done this then the FOS will simply decline to act until you have.

    Keep us updated


    DA

    If you find the advice I give is useful, then please feel free to click the scales

    "It is better to keep your mouth closed and let people think you are a fool than to open it and remove all doubt"


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