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DottySpog

Suing Insurance for negligence

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I had an accident in Oct 2007, which wasn't my fault. Phoned my insurance company and they arranged for the repair and a hire car. I was then told that Drive Assist were dealing with my claim as the cost was below the excess and the insurance company (Fortis) had no losses. Despite having motor legal protection (which I thought covered me for them reclaiming my uninsured losses) nothing seemed to happen. There was an offer of a 50/50 settlement, which I refused, and there was an interim payment of 50% of the repair bill. Despite many calls 2 years went by and nothing happened other than the odd letter saying Drive Assist were "still pursuing uninsured losses". The 3rd party then issue a claim for personal injury. I phone Drive Assist and they say their file is closed. I notify the Solicitors that I had losses and that they would need to contact Drive Assist as I no longer had the details as I'd had to post the receipts etc to Drive Assist in 2007. The Solicitors say they wrote to Drive Assist on several occassions and that there was a fee to pay to include a counter claim but Drive Assist never responded. Drive Assist say that they sent the details of my losses but were told the claim couldn't be included. I went to Court and the case was dismissed, the Solicitors claim their expenses back at the hearing, but I'm not even given my expenses for the Court appearance, let alone the out of pocket expenses or uninsured losses. I then receive a letter from Drive Assist saying my uninsured losses can't be recovered. :-x

 

I now want to issue proceedings to recover my losses, expenses and interest on the excessive premiums I've paid for the last 3 years due to the loss of my NCD over this. Who should I sue? Fortis (the insurer) Drive Assist (the company supposedly pursing my losses) the Solicitors or the Post Office (broker) - or a combination of some/all?

 

I can't tell whose fault it is that my counter claim wasn't included in the Court case and I don't want to get it wrong.

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This it too complex to advise in a Forum. There are too many variables - and if you rejected the 50/50, on what basis was the interim payment made? And by whom?. In order for you to succeed, you ave to identify a professional failing, and there may be non 'big' enough to give you the win you seek, and in view of the time between the actual incident and you registering your dissatisfaction, you are still in time, but the cost of pursuit may be more than what you'll eventually get back (assuming you are successful).

 

You've already been to court and failled to get judgement in your favour - but who was suing who? Did you pay anything to Drive Assist for their services, or was this simply a 'benefit' of your policy? If the original accident wasn't your fault, how did there end up being a counter claim? And was it this that was dismissed, or your action? Widnesses don't get paid simply for protecting their own interests, but solicitors will as it is their 'job' to be there when instructed to by their clients, and the resulting loser, pays.

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I didn't think it was that difficult to read. I didn't fail to get a judgement, the third party sued me and failed. I'm entitled to reclaim my reasonable expenses for attending court. There was no counter claim, although there should have been, to enable me to reclaim my losses. I haven't paid anything other than the insurance, and they have failed to perform under contract. Having spent a fortune on a fully comp insurance policy, with motor legal protection and guaranteed hire car and having been hit by an idiot who couldn't drive, why should I end up out of pocket because the broker/insurance company introduced so many different companies that none of them seemed to want to take responsibility for my claim other than to defend the personal injury claim against me!

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Were you injured in the original accident? If you were did you see a doctor at any point close to the time of the accident?

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No, I wasn't injured. They tried to claim PI which is what they sued for and failed. It was a very minor accident but her window glass smashed leading to a few small cuts for which she wanted several thousand pounds because of psychological injury. The best part is that they never notified their insurance and about a month after the incident I got an abusive phonecall from her husband asking why I'd gone to my insurance company and threatening to "get me back" by claiming personal injury. At the hearing they accused me of insurance fraud and implied that my son (who was 11 at the time and had been a passenger) wasn't a witness because he would have told the truth and contradicted my "story". Fortunately the judge saw it for what it was.

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Your son would have been a witness but not an independent one, so the judge would take this into account.

 

Regarding your 'right' to expenses, this was a civil matter, and no implied right either. It would have been up to your solicitor to ensure our out of pocket expenses were met. There is no proceedures for reclaiming anything after judgement. It is requested at this juncture or not at all.

 

If you feel your insurer has failed you 'under contract' by all means, take it to the ombudsman, it will be less risky than going to court, but with a possible better chance of success.

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I really don't think court is much of a risk. The third party were held 100% liable for the accident, so there is no reason I am still out of pocket other than the incompetance/poor communication of the numerous companies involved and one or all of them has to accept the fact that they didn't do what they should have done.

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There is always risk taking something to court because if you don't win then the costs could be worse than the compensation.

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It would be a small claims proceeding and costs are only usually awarded in exceptional circumstances such as a frivolous case. Given that I'm unlikely to lose and it's certainly not a frivolous case, I don't see there being much risk.

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good point... too tired must go to bed... good luck

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Thanks, I just need to work out who to sue =/

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Perhaps you should review the risk again?

 

Small Clsims is not expenses free. True, it is capped at £100 or so but don't kid yourself that you need to be vexatious in order to be awarded them! That instance would be at the judges discretion. As loser, all it takes is for the winner to ask at the time of judgement. They'll get it.

 

What you describe is an urban myth, promoted at the time as an 'ideal' as a sop to those who claimed going to court was too expensive. Spin forward to 2010 and you'll find most if not all winners will ensure their costs are covered. In my litigations, I always ask automatically when I win, and when I lose, only 1 out of 14 did not.

 

Since all you have got to pursue is incompetence, you'll find that this is allowable providing it is not grossly so, and you dent get a hand in deciding. With so many fingers in the pie, I'd suggest you'll be unable to prove a primary failure, and if you intend being a LIP, will most certainly lose given your scenario outlined earlier.

 

Goog luck anyway, you'll certainly need it!

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I had motor legal protection which should have covered me for them pursuing my uninsured losses, this clearly did not happen and everyone is blaming someone else yet I'm the one left paying - how can that be fair or legally acceptable?

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In addition, I chased the broker/insurance/drive assist for over two years trying to get them to act under my legal protection and recover my losses - yet it took the 3rd party to sue me for my innocence to be established! The broker even sent my complaint to the wrong insurance company (Age Concern or something replied!) and Drive Assist sent poor quality "photocopies" of my photographs to the trial, even the judge commented on them, and this could have prejudiced my case as they were brought into dispute due to the lack of clarity!

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Problem solved!! Just had a phone call from the insurers to say that rather than try to argue who was at fault and because I should be re-imbursed for my losses, they're going to send me a cheque including an amount for the distress and delay involved.

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As I noted, incompetence is allowed. I accept it is unfortunate and being told it 'is one of those things' is the last thing you want to hear.

 

You appear to have invented the term 'legally acceptable'. There's no such thing I'm afraid in civil issues.

 

Your issue of bad photocopies is also irrelevant, you didn't end up being liable as a result so how is that relevant? Finally, having 'Legal Protection' is a description, not a statememt of fact. I'm also unaware of any firm that will guarantee success and full recovery. They will TRY, but that is all. This is why your pursuit may just be throwing good money after bad. I only go to court when I have a 60% or above estimation of success.

 

I'd put your chances at the same level as the other claimants pursuing you. They didn't win either.

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Excellent. This was your only hope of a resolution, and at least your tenacity had paid off. Well done!

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To be quite honest you sound like you don't know what you're talking about. I had motor legal protection which covered me for them pursuing my uninsured losses, it went to court and it was decided that the accident was 100% the third parties fault therefore there should have been no issue recovering my losses as it should have been included as a counter claim and wasn't. The fact that it wasn't included is clearly down to the incompetence of someone associated with the broker/insurance company and as such I would have the right to legal remedy against said company(ies) with a very high chance of success (it's really not that complex given that there was apparently NO attempt at any kind of recovery in respect of my losses). I'd say the insurance company felt the same way as, having e-mailed them a copy of the claim form I intended to submit, they have just agreed a settlement.

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Be insulting by all means.

 

You would have lost in court. :razz:

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It wasn't "insulting" it was an observation. I happen to disagree with you over the issue of the outcome were it to have gone to court, but we'll never know now. Please refrain from expressing your opinions as "facts" when they are merely opinons without much to support them.

 

No further comment from you is required, expected, or for that matter, given your attitude, welcome.

 

Thanks

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You state someone "doesn't know what they're talking about" was an observation and not an insult? Dear me. It would only be a valid observation on your part if you had the insight into the court system. I'd suggest you get off your high horse and realise that you are not the first person to have a run in with an insurance company. I've taken 5 to court in the last 12 years, I won 4 and lost 1 - so unless your actual experience of litigation exceeds mine, your 'observations' are irrelevant and prove nothing.

 

Actually, I take back posting #17 - it is a shame they settled.

 

But given your histrionics so far, they probably settled simply to make you go away. A shame you won't realise that the court system isn't there to serve your feelings of imagined injustices. For someone who registered with CAG this month, and with one thread and 13 to your name, begs the question why you bothered posting in the first place, if all you wanted a glee club to support your imagined injustice. This is the wrong place.

 

As to your advice whether I should respond to your posting or not isn't required. I'll treat that with the contempt it deserves.

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Illiterate and egomanical, and you wonder why you have had so many problems? I've had enough experience with litigation to know that my chances were far better than you seem to think, not that your thoughts are relevant given your apparent attitude problems. Perhaps if you bothered to read you wouldn't have made such a fool of yourself on this thread from the beginning. I was actually looking for advice as to which company(ies) to sue, not on some ignorant reprobates opinion as to whether I had a valid claim or my chances of success (I'd already had that confirmed with a qualified professional). To date I haven't lost a claim that's gone to trial, so I'd say I was a fairly good judge of what to expect from the legal system and as such I really don't need some arrogant idiot stating fictional "facts" about something they clearly (I take back the "sound like" that clearly indicated it was an observation as you've made enough of a fool of yourself in your inability to read, let alone comprehend my posts) don't understand. The length of time I've been registered is irrelevant and quite frankly the fact that you bothered to mention it merely demonstrates your egomanical ignorance and attitude problems. Drop your god complex and maybe you'd learn something!

 

I'm not going to respond to you any further, so feel free to express your OPINION as to my case, chances, character and anything else you seem to think you're qualified to do, whether you are or not but please, at least try to make sense so I can laugh at you. :lol:

Edited by DottySpog

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:) Nurse! :whoo:

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It wasn't "insulting" it was an observation. I happen to disagree with you over the issue of the outcome were it to have gone to court, but we'll never know now. Please refrain from expressing your opinions as "facts" when they are merely opinons without much to support them.

 

No further comment from you is required, expected, or for that matter, given your attitude, welcome.

 

Thanks

 

Glad you got an outcome. buzby was only trying to help. Very often on the forum people's opinions sometimes vary from from what the OP thinks and believes. The opinions are no less valid. I am sure some other in the past may have the same regard for buzby's opinions but I am also sure that the 13,800 posts that he has become involved in elicited many welcome posts of gratitude for him giving his time and energy to assit others in problems that they had no way of solving themselves.

 

To say that your post smacks of ungratefulness is an understatement.

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What is there to be grateful for? the fact he couldn't even be bothered to read posts before spouting pretentious crap? the fact the he seems to have a persecution complex? the fact that he assumes he knows the legal position when clearly he is incorrect (according to the professional legal advice I received)? the fact that he thinks his opinion is more valid than anyone elses? the fact that he can see the future and as such maybe we should ask him before any of us leave the house in the morning to make sure it's safe to do so. You may find my post "ungrateful" however I do not see where gratitude is required, indeed had I been so ignorant as to believe the utter nonsense he posted I would now be substantially out of pocket and left with the impression that there was nothing I could do about it - great advice for a so-called "consumer action" board!!

 

When someone has taken the time to actually read a post, and respond in a considered and polite manner I condsider it worthy of a similar response, I have yet to feel the need towards that particular person.

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