Insurance Company refusing to pay out

[philiprose]

Hi,

 

Back in January a lorry reversed and hit my car. My insurance company didn't want to claim for me because I only had 3rd party Fire & Theft insurance.

The other driver originally said he would do the work himself but I wasn't happy so contacted my insurance company as soon as I got home. His insurance company MARKERSTUDY have done everything to delay paying for the damage and refuse to accept liability even though I have an independant witness. They say their client disputes the claim (he has changed his story).

 

It has come to the stage where I am going to have to take them to a small claims court. The damage to my car was £930 (Their independant garage report) but they say the book value of the vehicle is only £800 so thats what is the figure they would go by if it could be proved their driver was at fault.

 

My daughter was in the car at the time of the accident and an independant witness saw the incident and has filled out a witness statement.

 

Can I claim more than £800 because of the time Markerstudy has delayed and refused to pay and all my time fighting for my money?

 

Also which small claims court package would be the best to purchase from your site to help me through the case.

 

Also, should I be taking the insurance company to court or the driver?

 

I hope someone can help as I'm sure I'm not the only person that has been treated like this by a car insurance company.

 

Phil

[crem]

one for mossycat I think to get an insurers perspective on this.

[philiprose]

Thanks Crem. Does mossycat read these or do I send them a message?

 

Thanks again

Phil

[crem]

mossycat does browse through but it might be worth sending him a PM with a link to this thread

[Mossycat]

Apologies for the delay in replying I've had a few days holiday.

 

Sadly it's not unusual for a thrid party to originally offer to deal with repairs and then change their mind and also the story they tell their insurers.

 

Can you answer the following questions

 

1) Is you car still in use or did the accident render it unusable

 

2) Do you agree that the repair costs are more than the value of your car?

 

3) What money have you spent that you wouldn't have spent if the accident had not happened, list amounts and what you spent it on

 

4) What inconvenience have you suffered as a result of this accident, ie loss of use of car etc, state periods in terms of days

 

5) Was anyone injured in the acident

 

When I know the answer to these I will be best placed to advise you on what to do next.

 

To answer one of your earlier questions, you issue proceedings against the driver, if they involve their insurers then the insurers will take over but any action is always taken against the driver.

 

Mossy

[philiprose]

Hi,

 

Hope you had a good holiday.

 

1. The car was still in use until 4th March when the MOT run out. As I was originally told the car was going to be written off I couldn't pay for the car to be fixed to get through its MOT so had to buy another car. I can fix the car but would that not show the garage quote (that all party's have agreed on) be too much? I couldn't afford to pay a garage to do the work so doing it myself would be cheaper.

2. I'm happy that the quote from the garage is correct (£950) and the value of the car is around £820.

3. I wouldn't have purchased the other car which cost £800. I've had to pay a total of £120 in Car insurance changes.

4. I have spent the last 5 months wasting approx 2 hours a week chasing up the claim on the phone to Markerstudy and Claimfast. I spent 14 days without a car until I managed to find the £800 to buy my new car.

5. No one was injured in the acident but my daughter (who was in the car) has been under her doctors since the accident and he's put her on anti-depresents (1x10mg tablet a day) because of the accident.

 

I hope this helps and thanks for the info about taking the driver to court.

 

Thank you for your help.

 

Phil

[philiprose]

Hi,

 

I have since found out that the driver who hit me was on his fathers insurance when he hit me. Does this make a difference?

 

Thanks

Phil

[Mossycat]

Thanks for your reply.

 

The third party insurers have to take the word of their insured (just as your insurers would take your word about what happened), so, whilst they may have arranged to sinpext your vehicle and even given you notice that it is an uneconomical repair they have not accepted liability.

 

Your insurers will not do anything to recover your costs because as you say you are third party fire and theft, so it's down to you, but it's relatively easy.

 

The first thing you need to decide is which Court you will use, either MCOL (Money Claims On Line), or your local County Court. My preference is the latter because you can issue a 'dummy' proceedings, ie you draw them up to show you are serious and if that fails then you issue.

 

Next you need to work out what this has cost you.

 

The first thing is to show that repairs would cost more than the value, so assuming yuou have two estimates that both come to more than the £820 value of your car (if not then arrange them quickly).

 

You have had 14 days loss of use, I don't think that £10 per day is an unreasonable figure (so that's another £140) to add on.

 

Can you explain why you have had to pay out another £120 in insurance, was the new car more expensive to insure and that was the difference, I'm assuming you tried to change the vehicle on your old policy??????

 

Also add in what you have spent in time and phone calls, stationery, postage etc and then add on another £25 for general inconvenience.

 

A salient point may be the stress your daughter suffered, you may well find that one of the injury specialist lawyers that advertuise on TV may take this case on for you (that wont cost you because the other side pays their fees), if so they may well take the whole of your claim on, so check that out first.

 

If you don't find one that wil take it on post back and we'll take you through the next steps which are a letter before action and then issuing proceedings.

 

The fact you have a witness is a good thing, so don't worry too much at this stage.

 

Mossy

[philiprose]

Hi,

 

Thanks for the reply.

 

I've spoken to my daughter and she is going to try and phone a few companies tomorrow (friday) and Monday. Over the weekend I'll make a list of costs and by Tuesday I'll have the list and hopefully a company to take the case on. If I haven't then I'll appreciate the next step to start the court procedures.

 

Once again Thank You for your help

Phil

[philiprose]

Hi,

 

Just a quick question, the witness in this case lives in the same road as me. He is not my next door neighbour or a relation but as he lives in the same road as me does that affect him being an independant witness?

 

Thanks

Phil

[philiprose]

Hi,

 

Right where do I start.

The company supposed to help me 'CLAIMFAST' have agreed to pay my phone call charges, which is a start.

My daughter tried about 4 companies to help on a no-win-no-fee basis but they weren't interested as she wasn't physically injured so therefore I am going to have to take the other driver to a small claims court myself.

I have a second quote for the work which is £845 so it is all systems go for the local County Court.

 

I would like to claim the £845 damages, (14 days x £10 for lack of car use) £140, (£25 per month for my time and compensation for their payment delay) £150 totalling £1135 which will increase by £25 per month.

 

Is the above unreasonable?

 

The car insurance charges were for change of vehicle so don't think would be viable.

 

What is the next step towards letter before action and do you have a template for this letter?

 

Also my daughter wants to be a witness in court as well as the independant witness (Is he independant as he lives on the same road as me?), who has said he will appear in court if needed.

 

Once again THANK YOU for your help in this matter. I do appreciate your help. I still can't believe an insurance company can treat people like this.

 

Thanks

Phil

[philiprose]

Hi,

 

Can anyone help me with the above? Thanks

 

Phil