Equity Red Star/Drive Assist Write Off Pay Out

[slapmiheed]

Hi everyone!

 

I would like some advice if you could help me!

 

I had an accident a couple of months ago, a car pulled out from a side road into my vehicle. I've contacted my insurance and told them it was the 3rd partys fault but they are now disputing liability.

 

The problem I am having is that my insurers have written off my vehicle and I am now without a car. I sent back the hire car as the liability eventually would be with me if the insurers couldn't recover costs, so at £50+ a day I didnt want to risk it. I have agreed a write off settlement with my insurers and the registration of the car has now been passed over to them. But as the liability is now in dispute I have been told I wont get any payment until it is resolved with the 3rd party!

 

Is this correct? It seems wrong that my insurers have my car and will be selling it for scrab and I'm left with nothing until this is resolved. Who knows how long it will take...months, over a year!? Can my insurers not give me the fee we agreed, then when the case is resolved request it from the 3rd party or request the excess from me?

 

To give an overview, my insurers are Santander the underwriters/administrators are Equity Red Star. They have passed it onto Drive Assist who are now dealing with it and Incident Management Solutions scrapped the car and agreed a write off fee with me, and my solicitor is through Minster Law. This is all new to me so a bit confusing that soo many partys are involved!

 

Sorry if this is a bit long winded, but any advice would be much appreciated!

[unclebulgaria67]

If you have comp cover, once a settlement for the write off has been agreed, the Insurers will normally pay you the settlement less the excess. The Insurers would continue to pursue liability with the third party Insurers and you would also pursue your excess at the same time via your legal expenses people. If your Insurers managed to make the case the third party was liable, then they would recover their outlay and any loss of no claims would be reinstated, plus your excess would be paid back to you separately.

 

If this is not the way it is working, then I suggest that you ask Santander to look into this. Santander use BISL as the intermediary and they are usually about as useful as a chocolate teapot, so you might have to be insistent that they make enquiries for you.

[Mwynci]

Drive Assist have been appointed by your broker EDBL (Equity direct broking ltd) to deal with your claim on a non fault basis, which is fine when it is, but as soon as a discpute comes in it goes t-up. I doubt your underwriters ERS have been involved at all.

The reason the payment is being withheld is Drive Assist can only recover from the third party insurer, not pay you out, and when there's a dispute there's no payout from the third party insurer. At this point as you are now out of hire, I doubt drive assist could care less.

You need to complain and complain hard to the broker. They are stiffing you, all the whilst getting a kickback from drive assist and minster law for your claim.

[slapmiheed]

Thanks alot guys (sorry for the late reply), this is a real help. Been bogged under with other things...I'll get onto equity and transfer it over to them. What a load of hassle!

[poppycottage]

Hi slapmiheed, very interested to read your thread. I know it was a long time ago but I am curious to know the outcome. I am in a similar situation (however I kept hold of the hire car from Drive Assist and kicked up one hell of a fuss with my broker The Post Office. Likewise Incident Management Solutions said my car was a "write off" (but they changed ownership and never wrote it off) but TPI refused to pay their ridiculously inflated repair costs. Drive Assist sent me a reduced amount from TPI after 8months of them battling it out and expected me to pay the garage directly for the repairs - for a car that didn't even belong to me anymore. I refused, saying I wanted ownership reinstating first. This didn't happen. Drive Assist paid the garage for the repairs and then "snatched back" their hire car.

 

Hence I do not own or possess a vehicle or any total loss settlement. What a shower of ****.

[honeybee13]

Hello poppycottage.

 

The OP hasn't been here since their last post, but they may reply to an email alert of your post above. Otherwise you are receiving advice on your own thread from the guys here.

 

My best, HB