motor insurance claim question

[bartonski]

hello, i need some advice regarding an accident i had. I have third part cover only but believe the third party was to blame for the accident. My insurers havent heard anything from the third patry insurers and it has been over a month since the accident. I was told today by my insurers that they would not persue a claim against the third party jusy incase the third party insurers dont accept liability. They said that they would wait for 6 months to a year and if nothing was heard they would close the claim. But, if contacted by the third party insurers they would defend my claim. hey dont have my interests at heart which is what i thought i was paying them for. I have no doubt that the third party was to blame but obvioulsy they dont see it as a 100% win for them and so do not want to shell out any costs.are they not supposed to be representing me?are they allowed to refuse to make a claim against a third party and to bury their heads in the sand for a year hoping nobody will contact them?is this how it really works?!..im shocked...any advice would be appreciated.

[eeyorebob]

Third party only cover is just that - covering against accidents you have that you are at fault with so that the TP isnt "out of pocket". This means as they dont "repair" your vehicle they WILL NOT approach the other company in case costs cannot be recouped - its the cover you have. Do you know the insurance company of the TP? try talking to them directly saying that you are the other party involved and see what they have to say that way?

 

its not going to be easy to get your company to act based on the cover you have i'm afraid.

[bartonski]

ahh i see ok....ill never get third party again! maybe if i talk to the TP insurers that will kick start a claim against me which could hopefully result in a 50/50 or even 100% in my favour Would my insurers have to represent me if that was the case?

[eeyorebob]

Do you have legal expenses cover alongside it? if so then yes they would hand it to the Legal expenses part of the cover ONLY if it was disputed and their insurance wanted to take you to court. If you do NOT have this cover level, then you would have to represent yourself.

[bartonski]

hi, yep i have legal expenses cover. would they make a claim on my behalf or just defend my case in the event of a claim being made against me

[eeyorebob]

It depends on who the Legal expenses cover is with - its worth giving them a ring (should be a number for them in your policy booklet - its NOT usually the same as for the insurance company), explain the situation and see what they say

[bartonski]

ok cool. theyre gonna ring me back but at the moment as there are 2 third parties involved in the incident and one of them is untraced they are currently making a claim with the MIB. However most if the damage was done by the second third party who did not drive away..hmm..its confusing...thanks for your help

[T.C.]

If you have legal expenses insurance, then the solicitors instructed will simply write the letter of claim to the third party holding them liable.

 

The third party will then or should pass on that letter to his/her isurers which will kickstart the claims process.

 

If the third party fails to act on the letter of claim, then it is a simple case of your solicitor then issuing proceedings, and if needs be the third party then becomes personally liable.

 

It is not an uncommon situtation, and often insurance companies simply cannt be bothered to look after their clients when for the sake of a standard letter of claim the situation can be resolved quite quickly.

 

The MIB element of the claim is less straightforward as the MIB will become one of the defendants, but in respect of your claim against the party that did stop, there should be no issues providing the solicitors instructed under legal expenses do their job properly.

[Santa1023]

As I found out while renewing my cover recently, legal expenses cover isn't even standard with comprehensive policies now. It added nearly £30 to the premium.

 

As a matter of interest I found that TPF&T cover was more expensive than fully comp. I gather that that is normally the case.