foreign wagon wrote my car off

[cosytoes]

Hi,

Just looking for a bit of advice as my solicitors are stonewalling me. I was wiped out by a foreign lorry driver changing lanes on a motorway, unfortunately I was in the lane he changed to. The police attended and the driver was found totally at fault, although they didn't prosecute him.

My injuries were sufficient for the insurance company to make a £5200 compensation offer. this I accepted as I have been off work for 6 months now and my wage has dropped to 1/2 pay. (i'm desperate and skint)

This offer was made in October and I assumed that the cheque would follow shortly. But no. Apparently European insurance companies have upto 90 days to pay up, and according to my solicitor they take all 90 days.

Surely this isn't correct as I understand UK companies must pay within 15 working days from receiving signed acceptance. Is there anything anyone can suggest I do to get the cheque sooner

Thanks in advance

[SuperVillain]

The Claim would have been made through the MIB green card system but I'm not sure on time limits for payment and there doesn't appear to be anything relating to it on the MIBs website... maybe someone else will know and post...

[Slimm]

Sadly your solicitors will be wanting to do as little work as possible for their fees, dealing with foreign companies can be a pain at the best of times, let alone in the legal arena. They'll have no interest in actually issuing court proceedings which would be all that they can do apart from keep nagging. All I can really suggest is that you make yourself as much of a pain as you can - phone your solicitors to chase twice a week, asking for updates, ask when the last time they chased the other side was. I'm not aware of any law or guideline which gives foreign insurers 90 days to pay - not my area of expertise but IIRC a claim made in England/Wales under English/Welsh law will be dealt with according to the CPR or Civil Procedure Rules. Essentially if a payment is ridiculously slow in coming your solicitors could issue 'Part 8' proceedings to ask the court if they feel the defendant is being unreasonable.

 

I doubt the foreign insurer will be paying anyway, probably a UK agent who will then bill the insurer later. If your firm keep stonewalling ask them about this '90 day' business and where you can read more about it. I often have solicitors/paralegals quote sections of the law to me which do not say what they claim. Ultimately though you're rather at the mercy of the firm you instructed, too late to go elsewhere now - all you can do is pester them and ask about their complaints procedure if they cant back up the 90 day thing.

[Grandprix]

i am in a similar situation, Having seen this post and the replies I contacted my solicitor, because my "foreign" wagon driver (who also hit my car whilst changing lanes)has agreed to pay compensation, but I still haven't received my cheque.My solicitor confirmed that CPR rules were followed in agreeing the claim. and all time limits adhered to. But the actual payment timespan is just an agreement.And not covered by any law. If it had been a court judgement they could try to enforce payment but as it was settled outside court they can take as long as they want to pay. Sorry to be bearer of bad news. I know how you're feeling as my claim was made in March and I'm still waiting now, whilst the bills pile up.

Something needs to be done as the huge amount of left hand drive wagons on our roads make driving on dual carriage ways and motor ways very scary. Apparently the driver of the wagon that hit me didn't have the correct mirrors and therefore didn't see me........ a very scary thought when you're driving at 70 miles per hour and invisible!!