3rd party car insurance claim -County Court

[tali]

Hope this is in right section.

I am making a non fault 3rd party car insurance claim.However , since the claim began at end of this April very little has been done by the 3rd party car insurers- i have had to prompt and chase them up repeatedly- they made no attempt even to make initial contact, also i have given them my number twice for engineer to arrange appt to inspect vehicle and in almost 2 weeks again no contact

And yet without inspecting vehicle or having full disclosure of facts they have , (i belive not followed correct procedure at all ) interpreted by letter their own disingenuous version in detail of where damage occured (this is because my car has prior damage - damage for which i am not claiming for but it appears the insurers are using as excuse)

I think this will need to be a County Court claim?- however, County Court guides state must allow defendant reasonable time to resolve claim - so i don't know if i should now give them 14 days to pay full amount or otherwise threat with County Court

My brother had similar claim 20 years ago and solicitor dealt under legal aid and he issued proceedings within only 2 weeks of contacting 3rd party car insurers- so on that basis alone i should begin issue of proceedings

Any advice appreciated

[raydetinu]

I pressume you dont have any legal cover with your own insurers, which I presume is only TP. I dont think you have any claim on the TP insurers only the TP themselves, it is them you will have to take to court. their insurers will only pay if the TP has indicated and accepted they are at fault and reported it to them as such. if the insurers still wont pay then you have to take the TP to court, and they will have a claim against their insurers if they fell they are covered.

[GamekeeperToPoacher]

Hi TAli,

 

Welcome to CAG

 

Have you checked your domestic insurance for any 'legal' cover?

 

 

GK

[tali]

Thanks -As for legal Expenses, Helphire were dealing with my claim - when they found my car had prior cosmetic damage they told me that they could not repair the car - and as they only repair and recover costs the other insurers would deal directly with me to either repair , or cash cheque .

Helphire did state from outset they only strictly repair and not cash cheque.

Should Helphire still be assisting me regardless of how claim is settled?

BTW as a side note -Annoyinlg, without warning or notice Helphire took the hire car off me(claiming disingenuously that i "was not insured") what if i was in a different city???? - would Helphire have paid my return travelling expenses for me and my family???

[raydetinu]

have you asked them to explain why they have stopped your replacement car? It would appear they may have run into trouble with the TP insurers and they are not accepting liability. have you informed your insurers about the accident? As I said before your only legal claim is with the TP personnally. If these claims assist people run into problems they just run as they will not got paid.

[tali]

have you asked them to explain why they have stopped your replacement car? It would appear they may have run into trouble with the TP insurers and they are not accepting liability. have you informed your insurers about the accident? As I said before your only legal claim is with the TP personnally. If these claims assist people run into problems they just run as they will not got paid.

 

 

Yes i was put thru to 3 different departments of Helphire- and i was given stock excuse "we are not dealing with it(ie unable to repair car) and therefore you are not insured"

The problem lies with exsisting cosmetic damage to my car- this is area of dispute.

My insurers were informed from outset about accident

TP insurers are too inactive - and i feel county court is only solution- i will email with threat of county court of their insured party - but am i worried judge might say i did not allow TP insurers "reasonable time"

[COOKIE24]

Hi Tali

 

I had exactly the same problem in 2007. TP insurers did everything they could to drag their feet and not payout. I had TP insurance with no legal cover but my insurers put me onto a no win no fee company that dealt with it all (although I suspect this was more to do with the injury claim). The solicitor said the TP insurer has 90days to resolve a claim before court action should taken. I basically did all the work because the solictors wouldn't push anything. The TP insurers only concided after the 90days was up.

 

I would advise that you write to both the TP & their insurers giving them 90 days from the date of the accident to resolve the matter or you will start court proceedings (the solictor told me that we had to give them 90 days because if you take it to court earlier the court may view that you have not given them enough time to resolve it). Also keep pushing any evidence (photo's or witness statements) on them. They will drag their feet and try to call you bluff but you just have to be persistant.

 

Did the TP admit liability?

[tali]

Hi Tali

 

I had exactly the same problem in 2007. TP insurers did everything they could to drag their feet and not payout. I had TP insurance with no legal cover but my insurers put me onto a no win no fee company that dealt with it all (although I suspect this was more to do with the injury claim). The solicitor said the TP insurer has 90days to resolve a claim before court action should taken. I basically did all the work because the solictors wouldn't push anything. The TP insurers only concided after the 90days was up.

 

I would advise that you write to both the TP & their insurers giving them 90 days from the date of the accident to resolve the matter or you will start court proceedings (the solictor told me that we had to give them 90 days because if you take it to court earlier the court may view that you have not given them enough time to resolve it). Also keep pushing any evidence (photo's or witness statements) on them. They will drag their feet and try to call you bluff but you just have to be persistant.

 

Did the TP admit liability?

 

Thanks Cookie - excellent info:cool:

I don't have injury claim - so i reckon no win no fee company will not be able to help me - unless anyone knows of one?

Lazy solicitors is a familiar story i have heard many times:(

Also does 90 days apply from accident or when TP insures were informed? because there was a delay because when i submitted my claim to my insurers and they had not contacted TP insurers.BUT also the TP made no attempt to inform them either- which he was legally obliged to.However,i did contact the TP by letter(a company) within a week of accident and they replied back stating to inform my own insurers and that they were unaware of any accident

TP admits liabilty but is trying to use excuse of previous cosmetic damage on my car and stating falsely only minor damage to my wing mirror occured

The fact that TP insurers have relied on misinformation of their insured as fact and also presented these as facts in writing without an engineers report strenghens my case should it go to court

It has been 2 weeks since i twice gave my number for engineer to contact me - and i have heard nothing

I intend to email Tp insurers tomorrow about their inactivity

March 9 is accident date - so it appears 90 days are up?

Any further info welcome

[COOKIE24]

Hi Tali

 

As the accident was 9th March I would recommend that you write to them saying that they have had 90 days in which to resolve the matter which is more than reasonable, and that if they do not take action to resolve the matter within 14 days you will take court action.

Make sure you sent it by recorded post and keep a copy. If you do take them to court make sure you state that you have given them plenty of time to resolve the matter outside of court as my solicitor told me that the courts don't like it if you rush into court action when it can be settle outside of court. This will also look bad on the TP and count in your favour.

Have the TP admitted anything in writing (even if it's only admitting the accident but arguing the damage). If this is the case you should have an easier time at court.

Sorry, I can only be of limited help.

 

Cookie24

[tali]

Hi Tali

 

As the accident was 9th March I would recommend that you write to them saying that they have had 90 days in which to resolve the matter which is more than reasonable, and that if they do not take action to resolve the matter within 14 days you will take court action.

Make sure you sent it by recorded post and keep a copy. If you do take them to court make sure you state that you have given them plenty of time to resolve the matter outside of court as my solicitor told me that the courts don't like it if you rush into court action when it can be settle outside of court. This will also look bad on the TP and count in your favour.

Have the TP admitted anything in writing (even if it's only admitting the accident but arguing the damage). If this is the case you should have an easier time at court.

Sorry, I can only be of limited help.

 

Cookie24

 

Currently at the moment i have emailed insurers and TP informing of possible Court action - i personally feel it is 99% certain that this will be the case

As for liability - without inspecting vehicle or having full disclosure of facts they have , (i belive not followed correct procedure at all ) interpreted by letter their own disingenuous version in detail of where damage occured

Your opinions welcome

[tali]

UPDATE FROM 1 MONTH AGO

I informed AXA that i would be taking court action- they investigated it as a complaints procedure and the claim handler got in touch with me to arrange engineer inspection- trouble is i have phoned 3 times so far and nothing has happened.I have been told there is a caseload backlog for the engineers.I don't know whether they are trying to fob me off or do stalling tactics - I have told them i will contact again next week- A friend says give next week as final chance and then take Court action

Curious to know if judge will see caseload backlog as a good defence for AXA - (personally i doubt it as i have given them more than sufficient time)

[GamekeeperToPoacher]

Please Please Please IN WRITING ONLY

 

If you had written you would by now have had a lovely little bundle for the judge!!

 

GK

[raydetinu]

You only have any legal comeback or claim on the third party not their insurers! You can certainly write to them a nd contact them and hope they accept the claim but they have no legal obligation to do anything. their contract is with the third party as their insurers. So any delay in responding is of no interest to the court, except that they are dealing with it on behalf of the TP. and if they do accept the claim and act on it the court will take a very dim view that you have briught to court. I would wait until you know the outcome of the insurance resolution before you take any court action.

[tali]

Still NO contact from engineer .Unless i am very much mistaken this now HAS be a court claim 100%

My only question is that in descrpition of claim( i am using Money claim online) do i simply put "Road traffic accident damge caused to my car " OR ALL the details (the word alocation will allow) in my original post?

[tali]

UPDATE -AXA upon recieving CC issue have settled claim including my court costs

Whilst less than the estimate - still an agreeable figure

One question though -should they also pay my CC 8% intrest claimed?