Insurance claim nightmare

[alanij]

Hi

Not sure if you can help or not but I have a query regarding a car insurance claim I am currently putting in for.

On 18th May 2009 I was approaching a roundabout on a main road where I was driven into the back of by the car behind me. The insurance repair estimates have been between £1k and £1.5k. I have 2 witnesses to the incident and reported the accident to the Police plus my insurance company within 1 hour (earliest opportunity). The other driver did stop and we had a brief chat.

After reporting the accident, my insurance company have managed to contact the 3rd party insurance company successfully who identified it as one of their customers who to this day have not acknowledged any communication by his insurance company. As a result the claim is still up in the air although I do appreciate these things aren’t sorted over night.

My concern is that I have since been told by the solicitor acting on behalf of my insurance company that the 3rd party insurance company have a 4month window in which they have to get in contact with their customer and report back to my insurance company. Because I am only 3rd PF&T cover I can’t claim on my insurance in the interim to get my car fixed. My MoT runs out on 25th June 2009 and I am not in a financial position to pay for the repairs myself, therefore leaving me without a car from 25th June.

I find this frustrating as the accident was not my fault, yet I am the one being inconvenienced and potentially without transport for anything up to 4 months.

Where do I stand with this and is there anything I can do to speed things up? I have been told NOT to contact the 3rd Party insurers OR my own insurance company during this period and that my insurers will contact me when they hear something. The solicitor also told me there is nothing I can do and if I want to get my car on the road I have to pay for it myself and try and claim it back when things get moving.

Any advice appreciated.

Many thanks

[Mossycat]

OK firstly the 4 month window your solicitor refers to is common among most (but not all insurers), basically an insurance company cannot act until they receive a report (usually a claim form) from their policyholder. Some Companies will refuse to grant indemnity (ie sort out a claim) if the accident isn't reported within this period, others will take a more lenient view.

 

So unless and until the other party fills in a claim form and notifies their insurers they will not (and can not) do anything.

 

There is no point in you contacting your own insurers since you are TPF&T, you have a duty to notify them about the claim but after that it's down to you to sort out the repairs to your car.

 

You can speed it up by persuing the third party direct, write to them hold them responsible and send them an estimate. Give them 14 days to respond and tell them if you don't hear from them in this period you will assume they accept the estimate and will authorise repairs.

 

If you still don't hear anything your ultimate action is to issue County Court Proceedings direct on the third party, either before or after repairs have been carried out.

 

Mossy

[alanij]

Thanks very much for the reply. Useful info.

 

Just one thing. The solicitor activing on behalf of my claim/insurance company told me categorically not to contact the third party insurer as it might compromise my claim. I personally find this unsupportive and unhelpful advice but as a result, so far, have not contacted them as the solicitor as mentioned above is already getting annoyed with me for chasing her up! even told me she was fed up with hearing my voice! charming!

 

Cheers

[Mossycat]

If you have appointed a solicitor to act on your behalf and recover your uninsured losses then if you start contacting the other party's insurance company it will COMPLICATE and DUPLICATE things, it will in no way compromise or prejudice your claim.

 

Your solicitor needs to be more proactive and chase the third party up by writing threatening letters that will prompt them into informing their insurers.

 

Mossy

[alanij]

See this is what I thought! The solicitor was allocated to me as my insurance company works in partnership with Minster Law Solicitors. Therefore, is not one i appointed myself. I agree they should be chasing and taking my intersts as their priority regarding my claim.

 

However...........She said she won`t do this as they have a policy that states the third party insurers have a 4 month period in which to respond to my claim. Then, and only then, will this solicitor chase the 3rd party insurance. in the meantime I have to sit and wait!

 

I appreciate the advice you have supplied and shall ponder on which why to appraoch this based on what you have said. One thing for sure is that I won`t be insuring my car with Smart People Budget next year!

[Mossycat]

See this is what I thought! The solicitor was allocated to me as my insurance company works in partnership with Minster Law Solicitors. Therefore, is not one i appointed myself. I agree they should be chasing and taking my intersts as their priority regarding my claim.

 

However...........She said she won`t do this as they have a policy that states the third party insurers have a 4 month period in which to respond to my claim. Then, and only then, will this solicitor chase the 3rd party insurance. in the meantime I have to sit and wait!

 

I appreciate the advice you have supplied and shall ponder on which why to appraoch this based on what you have said. One thing for sure is that I won`t be insuring my car with Smart People Budget next year!

 

Oh my God Minster Law!!!!!

 

I had a really bad experience with them when they were appointed to recover unisured losses for a good friend of mine, they gave bad advice and only when I rang and told them they were wrong did they finally get their finger out and do something.

 

I'll wish you the very best of luck (I think you will need it)

 

Mossy

[alanij]

Duely noted! Hope for my sake you didn`t have the same person i have got then! won`t inciminate her on the tinterweb but she doesn`t fill me with confidence!

 

Thanks for your advice though

 

cheers

[alanij]

Me again, you mentioned about taking County Court preceedings against the 3rd party if he still fails to get in contact. Could i do this through his insurance company as I don`t have his address details as I guess data protection will prevent them from giving it to me otehrwise.

 

Alan

[Mossycat]

No you cannot do anything through his insurance company, you need to issue them on him direct.

 

Mossy