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Swift cover incompetance and other issues


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Hi All, Thanks for taking the time to read my problems. Hopefully someone will come along and offer some advice.

 

I had an accident in DEC 2011. It was snowing, i indicated and started to turn right into a side street. The car behind me wasnt paying attention and slid into the right hand side of my car damaging both doors and writing the vehicle off. the defendants car suffered damage to the oassenger front wing and wheel. At the scene we exchanged details and the defendants passenger signed to say that there car was at fault.

 

I have been dealing with the most incompetant insurance company EVER. for the last 18 months I have been hitting a brick wall trying to sort this mess out. The defendant has said that they are not at fault and said that we were traveling the other way and i pulled out infront of her. Her solicitor have disputed the evidence that her passenger signed at the side of the road because it took my solicitor and insurance company 13 months to send it to them. The defendants witness statements have major differences in them. (at a quick read i have counted 8- ranging from the reason of travel, the damage to my car, the damage to her car, the weather conditions etc) I have pointed these differences out to my insurance company who refuse to ask the defendants solicitors why they are different. I originaly complained about the poor service and fact they had not sent the signed admission of liability to the third party in Jan of this year. The complaint was closed because 'it was unjustified'

The county court trial date is set for Monday the 17th. I live 300 miles away from the county court where its at and have been told that i cant claim expenses etc for attending. I think the hearing is for 10am. It would take me 5 hours to drive down for the hearing and cost upwards of £300 for the total journey.

 

im so frustrated because I know that this should have been a simple case with the 3rd party signing and accepting liability. but the errors by my insurance company have made it complicated.

 

What Can I do? my legal advisor doesnt want to know, and i think to be honest she couldnt care less what the result is on monday because i have given her a hard time.

 

Any help would be greatly appreciated. I cant sleep on a night from worrying about whats going to come of the hearing and how much my insurance will go up as a result of there incompetance.

 

Thanks

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If it has got to the stage of going to court, then I would suggest that you leave it in the hands of your Insurers Solicitors. They would not be going to court unless they thought they had a good chance of winning. Most of these accident claims are dealt with outside of the courts.

 

You don't need to attend the court. You have provided written testimony of the accident which your Solicitor will use. It is pretty obvious that you could not attend a court hearing that is 300 miles away and there is no need anyway.

 

I would suggest that you trust your Insurers Solicitors that they know what they are doing, as they deal with these things on a regular basis. If they have not done something which you think they should have, perhaps this is for a reason. Sometimes if you are holding trump cards, you don't show your hand before you go to court.

We could do with some help from you.

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If it has got to the stage of going to court, then I would suggest that you leave it in the hands of your Insurers Solicitors. They would not be going to court unless they thought they had a good chance of winning. Most of these accident claims are dealt with outside of the courts.

 

You don't need to attend the court. You have provided written testimony of the accident which your Solicitor will use. It is pretty obvious that you could not attend a court hearing that is 300 miles away and there is no need anyway.

 

I would suggest that you trust your Insurers Solicitors that they know what they are doing, as they deal with these things on a regular basis. If they have not done something which you think they should have, perhaps this is for a reason. Sometimes if you are holding trump cards, you don't show your hand before you go to court.

 

My file handler has said that i need to attend court to answer any questions that they may have. What she doesnt seem to appreciate tho is that its a massive cost for me to attend court. a cost that she says i cant claim back.

 

My insurer wanted to split liability 50/50 on thursday last week. I refused. Since then she has been off with me and quite difficult.

 

I have the 3rd parties solicitors details. Could i get in touch with them?

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My file handler has said that i need to attend court to answer any questions that they may have. What she doesnt seem to appreciate tho is that its a massive cost for me to attend court. a cost that she says i cant claim back.

 

My insurer wanted to split liability 50/50 on thursday last week. I refused. Since then she has been off with me and quite difficult.

 

I have the 3rd parties solicitors details. Could i get in touch with them?

 

Ask your file handler to pay your transportation costs and overnight hotel accommodation expenses. If your Insurers want you to attend then it is only reasonable that they pay your costs, if they are saying that you can't claim these back. The other possibility, is that you ask the court to join the hearing by a telephone conference call. If you know which court it is, you can organise this directly.

 

You should NOT contact the 3rd party solicitors, as this may undermine your own Insurers Solicitor.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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Is this a full liability trial tomorrow? Is there an injury claim too or just vehicle damage?

 

What is the name of the Court that is hearing the case?

 

I'm very surprised it is so far away but if you fail to attend the Judge will not e impressed to say the least and it is likely you will lose.

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