Car Insurer is refusing to settle third party damage

[Geronimo1]

I had fully comprehensive insurance on my car when I had a supposed 'no fault' accident in July 2010 in which my it was written off after hitting several things including a BT telegraph pole. I say 'no fault' because the driver who caused it did not stop. My passenger and I were lucky not to be hurt.

 

The telegraph pole was broken near the base but as far as we could tell, the lines were intact. It was just leaning over at about 30 degrees from vertical.

 

The details of accident were reported by phone. I was never given a claim form to complete, though I did mention in all correspondence that the car had hit the telegraph pole.

 

The insurance company only agreed to pay the full value of my car after I complained to the FSA about the way the claim had been handled.

 

Some months later, in November, I had a letter from BT Openworld requesting that I pay damages of about £2500 (I don't seem to be permitted to state exact figures, see further on) for repair to the telegraph pole. I referred them to my insurer who contacted me to confirm that I had hit the telegraph pole which I did.

 

Yesterday (14th January), I had a letter from BT to state that my insurer had refused to settle the claim and that I had 14 days in which to pay the money before they would instigate legal proceedings against me.

 

We passed the scene of the accident about two hours later and the telegraph pole was back in service. The claim from BT Openworld seemed to suggest that it had taken about 50 man hours to fix. It stated working rates regarding which it said they would prosecute if they were divulged, so I'd better say no more. Suffice to say that I think that the costs are GROSSLY exaggerated.

 

Without going into details, I have a lot of **** on my plate at the moment and this feels like it is going to tip me over the edge.

 

Can somebody please offer some advice?

[unclebulgaria67]

Just send on the BT letter to your Insurers by recorded delivery, with a covering note noting your policy number, asking them to respond to BT as a matter of urgency.

 

Don't get stressed out about this, as it all perfectly normal. Your Insurers will deal with these matters on a daily basis and they will no doubt dispute the costs BT have detailed. Once your Insurers are in communications with BT, you should hear no more unless your Insurers want to go to court to dispute BT's costs. At that point because it was your car, BT will issue court proceeding against you and your Insurers will deal with it on your behalf.

[Geronimo1]

Thanks for the reply.

 

There has already been contact between my insurer (Equity) and BT. That's why I'm getting so anxious.

 

The letter from BT dated 11th January states:

 

Claim Invoice No. XXXXXXX was issued on 25th October 2010 together with supporting documentation, and to date no payment has been received.

 

As you are no doubt aware, BT has been in correspondence with your insurers. Unfortunately, they have failed to settle the account and as such, I must look to you for payment.

 

BT is not prepared to leave this matter in abeyance any longer, and unless I receive payment within 14 days from the date of this letter, my instructions are to commence legal proceedings against you for recovery of the full amount due. Any proceedings will, of course, contain a claim for interest and costs.

 

Please note that BT will conduct this claim in accordance with the Practice Direction on Pre-Action Conduct and the Pre-Litigation Protocol to Dispose of Damage to Network Claims.

 

As a matter of courtesy, acopy of this letter has today been sent to your insurers/loss adjusters for their information.

 

As you can see, the letter has already been sent to my insurers.

 

I have no idea what the Practice Direction on Pre-Action Conduct and the Pre-Litigation Protocol to Dispose of Damage to Network Claims is all about.

[unclebulgaria67]

Just phone your Insurers to chase this up on Monday and follow up with a letter.

 

Yes it is not nice being threatened with court and your Insurers should be dealing with it. But your Insurers are entitled to enter into a dispute with BT and they will take over any court claim, paying for any sums required as a settlement.

 

Ask you Insurers on Monday whether they intend to let BT take this to court, so you can be prepared when a court claim is received by you. The court claim will always be against you as the car driver. They can't take your Insurers to court. But your Insurers will deal with it if it gets that far.

[Geronimo1]

I think that's the biggest cause for anxiety, that I find the letter when I get home from work on a Friday night and it completely ruins the weekend because you can't speak to anybody until Monday.

 

Seems to happen a lot!

[sailor sam]

Do not enter in to discussions/correspondence with BT, let your insurers deal with it.

 

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 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.

[Geronimo1]

I e-mailed Equity and had a reply stating that I had never mentioned hitting the telegraph pole in any of my correspondence. This is a patent lie as I have mentioned it in at least three e-mails as well as in every phone conversation.

 

I replied quoting the e-mails (I always keep a copy of everything ), one of which was a reply to theirs (back in November) asking me to confirm that my vehicle had hit the telegraph pole.