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Swift cover issue


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Hi

 

Hopefully someone will be able to give me an idea or a pointer of where i stand with an issue with swift cover.

 

I had an accident and basically am 100% that it is not my fault, the other party wouldnt accept liability and eventually swift cover decided on split liability. They apparently emailed me the decision, which i never received and have closed the claim after me specifically telling them on more than one occasion that i would not accept the decison and did not want the claim closed. They also sent me a check for 50% of my excess, which i obviously havent cashed. I have asked a number of times for the other parties statement and still have not been sent it, now they are not replying to emails.

 

Am i within my rights to insist the claim is not closed? I am more than willing to take the claim to court.

 

Thanks for your time

 

Nick

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The nature of the insurance is contract is that they can act in your name. You can certainly make representations but you cannot insist. An insurer will not pursue a case if it does not have a reasonable chance of being successful. For that, evidence is required. If you do not have any evidence, it is doubtful you will win.

 

A court will not look kindly on a claim being brought to it where there is little or no proof of what you allege to be the facts (I'm not calling you a liar there btw).

 

Not what you want to hear I know, but it is often a case of gritting your teeth and moving on.

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Thanks for the reply not much i can do then.

 

I've just been looking around the insurance documents when i came across a line that basically said they can do what they like too.

 

Insurance, the biggest financial [problem] going!

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It comes across that way, but think of it like this:

 

For your premium, lets say £300, your liabilities are covered. If you were not insured, your home, goods, job would all be at risk.

 

It is a strange thing as it is something that you have to buy but do not ant to use. I often wonder if people, where motor insurance was entirely voluntary, would buy it. I guess the majority of people would. I could of course be wrong - many do not take out insurance anyway.

 

But the blame for the situation you are in does not fall at the feet of the insurer. It i the fault of the other driver and the lack of evidence. No court would allow a case without proof, insurance or no.

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