Ripped Off by MoreThan.

[gob smacked]

In January this year, someone deliberately backed their work van, the utilities company OnStream, into my parked car causing a small dent in the wheel arch and refused to give me any details. My insurers MoreThan have consistently lied to me and is ignoring my claim hoping I will loose interest and give up. MoreThan have only written to the third party TWICE in three months and they say the third party is ignoring their letters. I have repeatedly asked to be sent copies of the letters and they have 'assured' me they will send them but they have not. The police say its an insurance matter and wont help.

FOS say they can only help with third party insurers. (is this true?)

 

I have also written (recorded delivery) to OnStream and they replied sympathetically but have since done nothing and not replied to my follow up letter.

 

I do not want to give up so what can I do.

Edited April 22, 2010 by gob smacked
OnStream

[rebel11]

Hi gob smacked

 

You could try British Insurance Brokers Association :: BIBA ::

[Endymion]

See if you have legal expenses insurance either with that policy or some other policy of insurance. If you have, then get them to instruct solicitors to write to the TP threatening legal proceedings if they don't pay up.

 

If they pay up, fine - if they don't, then get them to issue proceedings and let the Court decide. The cost of which should be covered by your legal expense insurance.

 

If you don't have legal expense insurance then you could alsways issue proceedings in the small claims court against the TP (as long as it is under £5k). Only costs you will have to pay if you lose is the issue fee which is about £80 or so.

[gob smacked]

See if you have legal expenses insurance either with that policy or some other policy of insurance. If you have, then get them to instruct solicitors to write to the TP threatening legal proceedings if they don't pay up.

 

 

 

Yes, I do have legal cover on my insurance. The problem is not just with OnStream, it's also MoreThan who have said if the third party do not respond they will take legal proceedings, but they aren't actually doing anything.

I know where the driver lives and I think I have his name, but I am reluctant to confront him as he became aggressive and threatened to smash my car windows all without any provocation from myself. A real nice guy.

 

Do I sue him, his employers or my own insurers. Or perhaps all of them.

Everyone that could and should help just don't want to know. That's why I posted here in the hope someone has the answer.

[Mossycat]

Yes, I do have legal cover on my insurance. The problem is not just with OnStream, it's also MoreThan who have said if the third party do not respond they will take legal proceedings, but they aren't actually doing anything.

I know where the driver lives and I think I have his name, but I am reluctant to confront him as he became aggressive and threatened to smash my car windows all without any provocation from myself. A real nice guy.

 

Do I sue him, his employers or my own insurers. Or perhaps all of them.

Everyone that could and should help just don't want to know. That's why I posted here in the hope someone has the answer.

 

Your insurers cannot simply just issue proceedings they have to give the third party a reasonable time to respond, if after several letters he is still ignoring them then it becomes a viable option, depending on the accident circumstances and witnesses etc.

 

If you have any outlay you would issue against him, not his employers and certainly not your own insurers.

 

Mossy

[Endymion]

You would issue against the owners of the vehicle, which would probably be his employers unless he owned and insured the van himself.

[Mossycat]

You would issue against the owners of the vehicle, which would probably be his employers unless he owned and insured the van himself.

 

My mistake, I read it was a Company vehicle and promptly forgot that.

 

Mossy

[gob smacked]

Your insurers cannot simply just issue proceedings they have to give the third party a reasonable time to respond, if after several letters he is still ignoring them then it becomes a viable option, depending on the accident circumstances and witnesses etc.

 

If you have any outlay you would issue against him, not his employers and certainly not your own insurers.

 

Mossy

 

I can see your argument assuming one is dealing with an insurer who is doing everything they can. You have to appreciate that I have been dealing with MoreThan and it's Indian call centre since January. Would you say that was 'more than' enough time for the third party to respond and good reason for MoreThan take legal action. The point I am trying to make is MoreThan are NOT ACTUALLY DOING ANYTHING.

[gob smacked]

Update:

 

After another phone call and a letter telling them I could see no logical reason why my claim should not proceed, I finally got a letter from M>T saying the third party had now admitted full liability and I would not even have to pay any excess before my car was repaired. I got the distinct impression from both insurers that had I not persisted, they would have quite happily closed the book and walked away from their responsibility. I had my car repaired last month case closed. Not insuring with M>T again or anyone with an Indian call centre.