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marso70

Can anyone help or shed any light on this?

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Hi I'm hoping somebody can help me with my problem regarding an insurance settlement claim:

 

Nearly 3 years ago now I was involved in a bad car accident in which a guy jumped the lights, he and his insurance (CIS) contested it, up and till the point it eventually went to court in June of this year. The court found in my favour and I was awarded damages and total loss etc..

 

 

The solicitor acting on my behalf received the court order for settlement on the 15th July and then sent this onto CIS to request payment within 14 days, this has well and truly gone and CIS haven't even acknowledged it...

 

I've been onto my Solicitor who in my opinion has been somewhat vague in his answers, he then told me he was now issuing for the Bailiffs to go to the policy holders address in light of CIS not paying up, (this was over a week ago) he informed me that this was standard practise as the idea is then for the policy holder to get onto the the CIS and ask them what they are playing at, as the bailiffs are now at his door demanding money for this claim.

 

I have since phoned him again to see how it was progressing and all he could tell me was that he was sending me a letter of what has happened and he hopes to have it resolved soon?

 

I told him I was starting losing patience and that his answers were vague and that I felt that it has gone on long enough..

 

My questions are? (If anyone has a similar experience to mine)

 

 

  1. How effective is this procedure in terms of getting CIS to pay up, as they have not paid up already?
  2. Can the bailiffs seize this man's possessions to the sum of what is owed?
  3. Can I expect this to drag on for months and months or even longer?
  4. Is there anything I can do to speed up the process other than keep phoning my solicitor?

:???:

Thanks.

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1. Have you tried calling CIS directly to see what is going on? if there is a big settlement it ususally has to be signed off at different levels of managers etc. Have you also contacted your insurer to see whats going on?

2.No they cant seize goods,thats why the other guy has insurance for to payout on his behalf

3. have the other insurers appealed?

4. if all settled just keep ringing your insurer as they should be receiving the settlement to forward onto you.

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Thanks, I wasn't sure if I could contact the CIS directly as this is the third parties insurer? I'll ring them and see if I get any joy...

 

I've contacted my own insurer who say its common practise to use Bailiffs to get an insurance company to pay up, as the last thing they want is this to happen to their policy holders...as its not good for business and customer relations.

 

I've used my own solicitor to pursue this claim and I told him that how on earth can the bailiffs claim his possessions? As:

 

1 He is hardly likely to invite them in and say "Help yourselves"

2: Even acknowledge them and just will just say "My insurance are dealing with this and its got nothing to do with me"..now go away.

 

I know I would if the roles were reversed.

 

So this leaves me no further along despite winning the claim in a court of law? Its not a vast some of money at just under 7K....but I've been left out of pocket due to all of this having a loss of earnings and my car being a total write off...

 

What's the point in having insurance if it takes forever to pay out, even if you win!!

 

 

Its extremely stressful and frustrating to say the least..:-?

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Hi Marso,

 

it depends upon who judgement was served- ie if the court ordered judgement against the third party- not the insurer (who's name was on the claim form?), and this party has failed to pay, be it the insurer or the defendant, then your solicitors can apply for a warrant of execution- this means court bailiffs would visit the property to recover payment or goods to the value of.

 

The point in having insurance is for people to claim, and allow the insurers to pay out and argue between themselves, had this been done (providing comp cover was available, the losses would be minimised)- solicitors costs will be another couple of thousand on top of your losses, so they too will want payment almost as much as you do.

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Insurance Guy

If I can offer any help I will....

I have experience in Fault, Non-Fault & Disputed Liability Motor Claims for vehicle damage and hire, and some experience in Personal Injury Claims

 

 

If I've helped- please click my scales :D

 

ANY ASSISTANCE IS GIVEN ENTIRELY WITHOUT PREJUDICE- YOU SHOULD SEEK INDEPENDANT LEGAL ADVICE TO CONFIRM ANY ADVICE GIVEN

FEEL FREE TO PM ME A LINK TO YOUR THREAD IF YOU WOULD LIKE ADVICE 8-)

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Hi insurance guy, as far I know judgement was issued against the CIS insurance, they didn't even attend court as they failed to contest or acknowledge it, in the allocated time before the court date, so judgement was passed in their absence, then they have since failed to pay in the 14 days since my solicitor sent them the judgement passed by the court for the payment of damages...surely they are legally bound to pay??

 

I believe my solicitor has filed the warrant of execution, but to me this will only help if he then gets on the phone to the CIS himself and asks them what the hell they are playing at, by not paying up..he's unlikely to have 7k worth of possessions worth taking, so it could take forever...!!!

 

This same person, at the time of the accident, just as the police were about to arrive on scene, had already admitted liability to me, and other witnesses, but just as the police were about to pull up, scribbled down his details and he and his passengers then jumped into his car, the front end was completely flat and all his air bags had gone off, and drove off...

 

I was then told by the paramedic (in confidence) who was treating me for my injuries ( a broken wrist and cuts and lacerations to my head) that his female passenger was wanted and their was a warrant out for her arrest...as while she was being treated prior to me, she heard the police sirens and said "**** this I'm wanted by the police, I'm off..." and jumped out the back of ambulance and back to their car...

 

 

Luckily for me I had two independent witnesses who saw it all..

 

 

 

When the police checked his details he was who he said he was and was insured, but they wouldn't tell me about his passenger, I asked about him driving away and was told by the police, that because he had exchanged details he hadn't committed and offence...

 

 

Yet in spite of all this, and it being settled in my favour some two months ago, I'm no better off, I just want closure to this and the money of which I'm owed..

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Hi insurance guy, as far I know judgement was issued against the CIS insurance,

 

If the judgement was issued against CIS, then that is where the bailiffs should be attending.

 

The Court;s judgement means that CIS is liable and the third party is now out of the loop and no longer liable to you or the Court for this award.

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Marso, which solicitors dealt? was it a local firm or a larger firm? The reason I ask being that the larger firms, who insurers obviously see more of, issue proceedings all day every day and will therefore have some sort of procedure they follow for non-payment of judgements etc, whereas if its a local solicitor, I would expect that they would have no problem picking the phone up for you.

 

All i can suggest is that you ask to speak to a partner or senior manager of the solicitor's firm, and see if you achieve anything by escalating.


Insurance Guy

If I can offer any help I will....

I have experience in Fault, Non-Fault & Disputed Liability Motor Claims for vehicle damage and hire, and some experience in Personal Injury Claims

 

 

If I've helped- please click my scales :D

 

ANY ASSISTANCE IS GIVEN ENTIRELY WITHOUT PREJUDICE- YOU SHOULD SEEK INDEPENDANT LEGAL ADVICE TO CONFIRM ANY ADVICE GIVEN

FEEL FREE TO PM ME A LINK TO YOUR THREAD IF YOU WOULD LIKE ADVICE 8-)

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I'd be really surprised if the judgement was against the CIS.

 

The third party would usually be the named defendent, the CIS have given him indemnity in so far as they are acting on his behalf and they will ultimately be the ones who do pay.

 

I'm also really surprised at the CIS dragging their heels, usually they are very quick to pay in following a judgement, so something has gone wrong somewhere in the communication.

 

Mossy

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The solicitors are a local firm, and to honest the solicitor who has been dealing with the case, is very evasive, can be quite abrupt and even somewhat arrogant when trying to discuss this on the phone, its almost as though he has better things to do when you are speaking to him.:mad:

 

I tried again yesterday and I ended up losing my temper and basically telling him that he installed no confidence in me from the manner in which he was dealing with my case..

 

I've even resorted to having my Mother phone him and she said the same things...she even asked him, why he just didn't phone the CIS directly and he simply "Oh yes, that's a good idea"...

 

He has said that he will be resolved by this friday, but I seriously doubt it..and I've told him that if its not then I will be going over his head and will be asking to talk to a senior partner...

 

It just feels like I've been left out in the cold in terms of communication and what is going on and what is being done to resolve this matter...

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hi Marso,

 

any joy?


Insurance Guy

If I can offer any help I will....

I have experience in Fault, Non-Fault & Disputed Liability Motor Claims for vehicle damage and hire, and some experience in Personal Injury Claims

 

 

If I've helped- please click my scales :D

 

ANY ASSISTANCE IS GIVEN ENTIRELY WITHOUT PREJUDICE- YOU SHOULD SEEK INDEPENDANT LEGAL ADVICE TO CONFIRM ANY ADVICE GIVEN

FEEL FREE TO PM ME A LINK TO YOUR THREAD IF YOU WOULD LIKE ADVICE 8-)

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Hi, well to update, I received a letter from my solicitor last week saying he had been on the phone to the CIS with "numerous" phon calls and they were sending the cheque out on the 13th, it turns out the writ of execution did the trick as the guy who hit me "played merry hell" in the solicitors words, with the CIS, apparently though they were gonna appeal against the amount awarded but when my solicitor pointed out the fact they failed to attend court for the first hearing, they didn't have a leg to stand on, the apologised and sent the cheque.

 

I would assume due to the large volume they send them 2nd class??, as of yesterday I had not received it, so I phoned him today and he has said he received it yesterday and I should receive it tomorrow.

 

Thank you to everyone here for their advice and help and I'll be using and recommending this forum for anyone else who needs advice in such matters.

 

Regards:D

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Hi Marso,

 

Just came across your thread and there is no mention of the action taken by your insurers? Suerly they should of dealt with this?


Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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Hi Marso,

 

Just came across your thread and there is no mention of the action taken by your insurers? Suerly they should of dealt with this?

 

Why would his insurers have dealt with this? They will only recover their own losses and not uninsured ones.

 

Mossy

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