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Everything posted by Yorkyclaims

  1. What Uncle Bulgaria said. They are still the Insurer. If they have obtained a "Declaration" through the courts they are an Article 75 Insurer, otherwise an RTA Insurer. Either way they are still the Insurer, but the MIB will be the best route.. They will either deal or get the Insurer to deal. If you do commence proceedings against the driver then add the Insurance company as a Second Defendant
  2. This topic was closed on 11 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  3. This topic was closed on 03/08/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  4. If PL insurance just covers the damage caused by faulty work, but not the actual faulty work, would the complainant not keep coming back each and every time the problem arises (if the insurer refuses to fix the actual structural issue)?! No. If successful you would get a cheque, not reinstatement. You would have to foot the bill for the actual faulty workmanship (or register as a creditor with the trustee) Also, has anyone ever claimed on an insurance policy against diminished value of a property after poor workmanship of a builder? Yes, it can be done Or has anyone claimed for consequential losses as a result of a builder, again from an insurance policy? Yes, it can be done Finally, I signed a JCT contract with my builder, allowing for adjudication if needed. Now that the builder is bankrupticon, does his insurer have to enter into adjudication as per the JCT contract? No. the Insurer is not a signatory of the contract.
  5. I may add my twopence here. In my experience PL policies do not cover faulty workmanship, just the resultant damage. Turning to the original post IMO the beams would not be covered under the policy, but the cracks would be. As to Public / Product Liability, if the damage was as a result of the beams failing then that would be Product, as there is something wrong with the product, however, if it was just shoddy workmanship that is Public. Finally, as discussed the PL policy is the builders policy, not your policy, so if he is still trading you are unable to claim direct. He will have to seek an indemnity from the policy and you will have to sue the builder. To sue the builder you have to issue court proceedings and you have 6 years to do that.
  6. The drying company, although experts in humidity, are not experts in flooring. I wouldn't get an Assessor company like Morgan Clarke as they will want their cut, which usually means requesting cash settlements so you would be out of pocket... What I would do is get your own builder to come and do a quote, specifically advising what needs doing to put you back in the position you were in immediately before the loss. To me though it looks like they want to put a screed above the uneven concrete floor to even out, then they would re-tile over that? Have a word with the adjuster to see if that is correct...
  7. Tell your Insurers, it is likely they will remove any extended accidental damage
  8. Hi, The Driving Licence is a standard request. I've not heard of a request for a National Insurance Number at inception, however, I presume this will be to check whether he has submitted a prior personal injury Insurance claim. Are you able to see the Driving Licence number? If so advise them of it, or better still input it at this address - https://www.gov.uk/view-driving-licence and that will give them everything they need.
  9. Ask the police if you can complete an MG19 form. This is a form that you should complete to show the judge (in the criminal case) what you have lost out on. In my experience this has more success than the barrister just asking as an after thought about compensation for you.
  10. You would need to contact the store / Customer Services and ask for the CCTV to be retained and disclosed, so you would be able to see who created the hazard and how long it was there, however, what bazzaS is correct
  11. Hello, we privately rent a house that is on quite a steep hill. At the upper end of the property is our back garden, which for the majority of the year is a no go zone. At the top border of the property is a 15 ft retaining wall (other side is residents car park that is owned by the local council). This wall has 2 drainage pipes where whenever it rains the water from the car park goes down the drainpipes into my garden, making it waterlogged and sodden. We cant step on it due to the gradient, as it is probable we will slip. We thought there was just one drainage pipe, but found a second behind the shed which is now rotten as a result of the water. The Tenancy agreement states we have to keep the garden, including the shed, in a presentable state, which we are clearly failing. Do we have a course of action against the Council? I can see that, as they are above us we have to let them drain their water away, but it is making our garden unusable, and damaging the property. Also, who would have the course of action, me or the landlord? Cheers!
  12. From what I can see it does seem slightly low, but there are too many variables at this stage... You advise she has PTSD. Has this been validated by a psych report? Otherwise it is just an allegation of PTSD which only means a minor uplift. The loss of salary is considered with the "Schedule of Special Damages" - how much was this - if it was about £500 then £5000 is bring valued for the PSLA. If the schedule is minimal - at the £500 mark then a typical short term rib recovery with no firm diagnosis of PTSD you will get nowhere near £9000, but around £6-6500.
  13. The onus is on yourself to prove the loss. The Fire report in my opinion proves this. They have tried to counter this proof by commissioning their own report, which Hawkins have advised "they are unsure where the fire originated from." They have not provided a valid defence to your allegations. Have you seen a copy of the report. It is unlikely for the Engineer to have absolutely no idea - they will usually advise in their opinion "on the balance of probabilities" where the fire originated from. Personally, if you do have home insurance claim off them. You will get items new for old and let them sort out the issue with Argos. Otherwise complain via the ombudsman. I would be waryu of claiming through the courts initially as this would be a long process - I imagine that your losses are pretty substantial so could be a multi track claim..
  14. Hi, The offer will be on the table for a long time - dont worry about that! You have 3 choices: you can wait until 6 months, if you still feel pain then ask for supplementary medical report, you can take the money now, or you can get a solicitor. Personally I would ake option 1 BUT... if you are wanting a settlement now £2000 for a 6 month whiplash is quite generous (if it is for pain and suffering only) - ie no loss of wages... You could always squeeze an extra £500 if you wanted...
  15. A few things... Firstly, you need to issue a letter of claim. The courts ould frown if, after 28 days and no response you issued straight away. It is the norm to allow them 90 days from 1st acknowledging your first contact with them.... You will not get an hourly rate for your time in preparing the claim. This would only apply to solicitors regulatd by the SRA. You could claim miscellaneous inconvenience costs - postage, telephone calls, etc. I would try £25 for this. With regards to taking your car to a garage you could try that, but I have ever heard of anything being paid out for this. You haven't actually said why they deny liability. Regarding stu007's comments this is incorrect. You do not have a contract with Southern Water, so they have no duty to you. On your letter of claim state, if liability is to be denied you require the Risk Assessments for the works carried out by them, the training records of the people ho installed the signs, the accidnt report form / investigation form / near miss form, and details of all similar accidents whilst the work was being carried out.
  16. A county court. With regards to the 3 yr cut off you would have to have a pretty convincing argument why you feel the limitation act does not apply... For the severity of your injuries too this would be a multi track case, where if you are successful the Insurers would try & claim their solicitor costs from you. Unfortunately I doubt any solicitor would touch your claim.
  17. Hi, I would tend to agree with you here... The fact that their policy wording is "as new" not "new". Tome manufacturer refurbished is as new. I would also argue as new is too ambigious (unless the policy booklet explains what "as new" is. Looking on the website I have never heard of Assurant General Insurance Ltd. I would write & complain and ask, if they will not chance their decision, to "issue you with a final decision letter for the FOS" Once you have that, go to the Ombudsman.
  18. You might have heard of something called Provisional Damages, however, this will not be applicable in your case. As yor recovery is not in line with the prognosis you will need a re-examination. This will include a(nother) review of your mdical records and it will not be quick (a few months at least). With regads to limitation you have 3 years to issue proceedings, but have another 4 months to serve these.
  19. CA's have to be signed by a solicitor confirming they have told you the implications / benefits of signing the agreement. The union solicitor should be very experienced in this sort of field, and with them dealing with the RTA they will know better about your situation.
  20. Hello all, I have just taken out a motor insurance policy via Igo4. They have asked for a copy of my driving licence. Unfortunately, I have recently got an SP30 (which was disclosed) - but this meant I have had to surrender my licence to the DVLA. I have sent Igo a copy of the surrender slip, which confirms a vaid full driving licence has been handed into the police - it also confirms what classes of vehicle I can drive. I also took a copy of the paper part of my licence and sent this in too, showing no points. However, Igo have said this is not good enough and they want a copy of my licence. I phoned and advised that this is with the DVLA - they can check, but was told they dont have the facility, the handler totally agreed with me, but what can I do??? Has anyone else had this problem?? They cannot be correct, can they?
  21. Hi Lee, Unfortunately it looks like we need the long story. From what I can read you have had a claim denied. You issued a claim in the Small Claims Court against your Broker, they did not acknowledge, so you obtained a judgement by default. If this is the case then it looks like you need to read all documentation sent to you. If the documentation is signed by the Insurance Company then they are correct, and you will need to file an amendment at court. However, if this company you have sued has their name on the documents then you are right. The best way I can explain this is for example Santader - they were underwritten by Aviva, but you would issue against Santander, as they had their name on the documents. However, if you issued against confused.com & they are saying sue Admiral then they are right Let me know which one
  22. Also, as a Direct Claimant it is unlikely they will offer you less. They are well aware if they do, then you will seek legal representation, which will add a couple of grand to their claim. IMO the offer of £1375 for a 3-4 month whiplash seems reasonable for pain suffering and loss of ameneties. As said above, work out your loss of earnings (if paid weekly get your work to give you, or look at past payslips for the 13 weeks immediately before the accident. add your net pay & divide it by 13. his is your "pre accident average". Check it against the weeks after and if the weeks after are less, than this will be your loss of earnings. Claim your travel to see the expert - if travelling by car, multiply by 40p /mile travelled, if any other form keep the ticket / receipt. Claim for postage etc. too.
  23. Personally, as you have fronted the policy, then it is v unlikely you will get any money from them. The best you can hope for is them voiding the policy ab-initio, which means you will get the premium back. A to taking the garage to court, it depends if they have been negligent. How as the car stolen? were the keys left in the vehicle? Were teh keys just left on a noticeboard?? etc
  24. With reference to what is covered in the event of a theft, it does vary with Insurance poliy to Insurance Policy. One this that is universal in not being covered is money... Who is your Insurer?
  25. Mossycat and others, Quick question for you... Reading previous posts I note you are in motor claims.. How is the Claims Insurance portal working for you? Is it reducing the cost of a claim, or are the majority of claims moving out of the portal to predictive costs due to non compliance. I work in EL/PL claims and it is looking like it is coming over to our side. It looks like I'll be doing some work on getting our company ready for it & just wanted some opinions. Ta
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