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Markerstudy motor insurance


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Hi, earlier this year I had my van insured with this company for both business and private use on a fully comprehensive policy. The vehicle was involved in an accident where another driver drove into the front offside front wheel while my vehicle was stationary fortunately I have a witness for this.

My vehicle was off the road for around a week whilst repairs were being carried out by the insurers own repair company. Initially I was happy with the repair work carried out, however after a week or so the I realised the radiator was constantly leaking. I took the van to my normal garage who said that the radiator was damage from the accident, the insurers refused to accept that this was caused by the accident once they had sent a so called independent engineer to inspect the vehicle (who did nothing and had no tools with him) About 2 weeks later a learner driver drove into my vehicle this was later settled as non fault to myself. Whilst in the repair centre for the second time I said to the insurers that I was unwilling to take the vehicle back unless the radiator was replaced. After some argueing they agreed to send another independent vehicle examiner, it took them 2 weeks to find one and this only happened after I told them that I would be collecting my vehicle within 24hrs as I had lost so much earnings. This examiner said he could not find any leak on the radiator after testing it for over an hour. I accepted his view in good faith and the following day collected the van.

The very next day whilst driving on the M25 I heard a lot of banging to van, I pulled over only to see the nearside indicator was banging into the new wing at this point I also noticed water discharging from the radiator. I decided to get this van inspected by 2 different garages at a cost to myself one of these was the vehicles manufacturers, they both said the same thing radiator damage has been caused by the initial accident. The manufacturer also stated were sub-standard with the front wing out of allignment. Back came the insurers independent examiner again no tools and stated nothing wrong with the radiator although finally agreed that the repair work was below standard. As the insurer still refused to replace the radiator I contacted the Financial Ombudsman who have said that the insurer is now willing to back down and make a £1000 as a final settlement. I also asked for compensation for lost earnings not for the original accidents but for Markerstudy's time it took to get examiners to inspect the vehicle (2 weeks) loss of earnings whilst writing letters back and forth, and time it took while getting it examined myself. The Ombudsman said he cannot recommend the insurers do this as the clause in my policy does not cover loss of earnings. I accept that the accident related part does not cover loss of earnings but through no ones fault apart from the insurers my vehicle was off the road a considerable lot longer than it needed to be. My vehicle will also be off the road for a another day whilst the repairs are being carried out correctly by the manufacturer. Finally to make matters worse today the vehicle had it's MOT and failed, this was because the headlights were not fitted correctly by no other than Markerstudy repairers meaning even more costs to myself and the vehicle of the road for a further period of time. Should I just except the Ombudsman's decission or would I be within my rights to start a claim via the small claims court?

Even though I paid for legal cover on my policy it would seem the only people to benefit from this is the insurers as the legal company have said that it would be a conflict of interest if they were to get involved. Your opinions and advice will be gratefully appreciated. Thank you...

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