Thread: Loss of Earnings due Road Accident - Small Calims Court?

Hi there all

Last December I was rear-ended by another car.

I contacted my insurance company and my car was fixed, also I was supplied with a replacement vehicle while mine was in repair. So far, so good.

I then submitted my claim for uninsured losses...As a taxi driver, my claim included loss of earnings, a trivial £368.00, plus other incidentals all totaling less than £500.00. (I was not injured).

However, and after six months, my insurance company advised me that the third party's insurance company was not responsive to footing any of the bills - Mine, theirs for my car repairs, and the replacement car provided me during the time mine was in the garage and out of service. (Their claim: approx £9700! for hire car chrges)

Now they have placed the matter in Solicitor's hands for further legal action.

Fact is, I am not interested in how they (my insurance co) recoup their claims - Some £11000.00 - I only want my measly loss of earnings and other small costs of approx £500.00. I am advised that this case may drag on and on as they all dispute the more hefty charges.

Can I seperate my side of the matter from the solicitors brief and pursue my personal small claim in the small claims court against the third party for my damages?? And, would this be advisable?

Any advice much appreciated.

S.

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"Bump"? Are you an ass? Or just trying to be one?

Well, I do apologise unreservedly. I thought someone was just trying to be an a*** h*** .

Sorry again. At least I have learnt what 'bump' can mean!

By the way - has it been 'bumped'?

Hi Yarowcabra,

Whether your insurance company recovers your outlay will dictate whether a claim is settled against you or against the Third Party (TP).

With a conventional private car insurance policy this would not be a big issue if you have a protected no claims discount. However, as taxi driver I presume that you have a Taxi (Hire and Reward) policy which would not normally have any protection. You do really want this recovery pursued.

What is the name of the actual insurance company (Not the Broker/Agent)? Do you have Motorist's Legal Protection insurance cover included within the insurance?

Most insurance companies will NOT use a Solicitor at this stage. They will usually just leave this to their own Third party Recovery Team. With the classic rear end shunt, this really should be quite straight forward for them to make a recovery. In the absence of you holding any Legal Protection cover, you will also need to make a straightforward claim in respect of your policy excess, loss of earnings, out of pocket expenses etc. Also remember that if your insurers do not make a recovery your next insurance renewal will (probably) be 2 years light on NCD and the subsequent year 1 year light. You will need to take this into account. £500 mentioned above, has probably now escalated! If your insurer is reluctant to 'go legal' at these early stages, you could offer to take a county court Claim action at a later stage in joint names with the proceeds divided proportionally, conditional on them meeting legal costs in the same proportion, should the action fail.

H

Thanks people. Thanks for all advice. My insurance co has passed the matter to solictors for court action. And I do have legal cover in my comp policy.Going to have a look at pepiboo.
This is like drawing teeth.

Well people, the saga drags on, and on, and...................... ..

The matter went to court when the other party's insurance Company were not paying up. Otherside taken to Court by my Insurance Co. (I have a legal help policy along with my comp.)

Called before Hull county court (November 16, 2009) - Judgement in my favour for expences and loss of earnings. Judge emphasised that he wanted my expences paid immediately.

Here I must say that in Court, I was represented by my Insurance Co appointed Barrister, as was the defendant represented likewise by hers.(she not present)

However, to date, still no satisfaction.

In spite of repeated phone calls, emails, entreaties, begging "my " Solicitors a.) to enforce order and b) to keep me informed as to present progress, I occasionally, very occasionally, get a reply such as "We are chasing the matter up."

It seems to me that if I ever want to get my settlement, then I might have to take action myself. However, before I do anything rash, I would appreciate any advice or opinions on the issues I have raised above.

I am presently contemplating writing "my" solicitors informing them that if some form of enforcement order is not sought on my behalf, say with 10 days, then I reserve the right to proceed with say, an Order to obtain information or "Other"

What worries me is that since all the legal stuff has been, and still is, being paid for by insurance policy, I might perhaps void some small print by my direct action, thus making me liable for who- knows -what.

Any thoughts? And, they would be greatly appreciated.

My thanks.

Simon

An order will have been made with the dates for payment by the Defendant. If payment has not been made (which it would appear it has not) then you will need to make a warrant of execution.

Phone up your solicitors and ask to be put on to the Partner in charge of complaints as per the firms complaints procedure. if they wont speak to you ask them for the partners email etc...

Highlight that the Defendants have not complied with the Order of the ...... , you have chased the fee earner (give name of solicitor/paralegal who was dealing with your claim) but they have not, to the best of your knowledge, made any effort by which to enforce the Order, despite your requests.

Specify that as a result, you have suffered further financial losses and this is having a detrimental effect on your life both financially and physically. State that you wish for immediate action to be taken on your behalf and that you wish for a response to your complaint within 3 working days or whatever the time limit is as specified in their complaints procedure, failing which you will contact the Legal Complaints Service to complain as to a breach of the following rules of the Solicitors Code of Conduct:-

Breaches of Rule:-

1.04 - in that they have failed to act in your best interests;
1.05 - in that they have failed to provide you with a good standard of service.
2.05 - Failure to deal with the complaint made by you as per the code.

Techincally, they may argue that your insurer is the client which may be the case, but I would try the above argument first. if they do argue you are not the client then let us know....

Thanks v much.......I am going ahead with Endymion's advice. I will give the chap who I am dealing with one more chance via email and tel call, and advise him if nothing has happened I will be pursuing the matter at another level.
The Judge was very specific in ordering that my expences were to be satisfied immediately.

Again thanks for advice and will keep you posted!

S.