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Lorry hits my wall.


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After all the hassle of taking Barclays to court i don't want to be taking anymore court cases out, anyhow something on the back of my mind tells me I've come across more corporate dodgy dealings.

 

I don't want to be claiming on my home insurance if i can help it, as i've a £450 excess nor any legal cover as i've only ever claimed once in about 20 years after a kid with a catapult smashed my window.

 

I've done a askmid as i had no idea who the insurers of this lorry was that was on contract by B&Q who were delivery next door ,the lorry smashed my wall down and pillar and my gate and it all fell down on a public footpath. The driver of the lorry gave me details of a company called BRS Warwick they contacted me and wanted to do it reinstate it privately when i gave them details of the damage they started ignoring me.

 

Anyhow i paid £4.50 to get the insurers of this lorry only to find it has 2 insurance policies attached to it.

 

Allianz insurance plc policy no ********

QBE UK ltd  policy no ***************

 

I contacted Allianz and a few days later after i put a claim in with them they sent me a email saying that BRS were operating it under their own insurance of QBE uk ltd. 1 coval wells Chelmsford, the QBE policy number Allianz gave me is slightly different to what's recorded on Askmid.

 

When I contacted Allianz  a few hours later BRS contacted me giving me a excuse that she was on holiday and her assistant didn't deal with it while she was away and they wanted to repair the wall privately.

 

I told them know i was let down the first time and I'm having it done through the insurance.

 

Anyway after i said this to BRS,  Allianz emailed me directing me to the other insurer QBE as it was not being used under their insurance at the time of the incident.

 

Ive got some strange feeling that BRS that  are part of the volvo group and Allianz are in each others pockets and working together to fob people off, could this be why it it is insured by a small company QBE as well  and a large company Allianz to make you go round in circles.

 

Anyhow i cant get hold of QBE to lodge my claim to them by phone, as it says to email them due to covid.  Anyhow who do i make a small claim to in court? QBE insurance  or Allianz insurance?

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Commercial fleet Insurance, where the Insurance  may have been in process of changing to different underwriters.

 

Suggest a letter before action to BRS Warwick, asking that they pay you the full cost of the wall repair or you will issue a Court claims against them.  Obtain 2 Builders quotes for the work and send them with the letter.

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im not sure if this is the case but you could be right, i will upload the letter for a better understanding.

BRS did want to fix the wall privately then went cold on me when i give details of damage.

 

When i found who the insurers were they suddenly contacted me giving excuses why they started ignoring me, i said no im going through your insurance for security plus you let me down the first time.

 

 ive got a funny feeling that BRS and the insurers are a "in it together bunch" BRS probably spend a fortune on insurance their part of the volvo group. it was strange that when i contacted BRS and said "no deal" allianz contacted me and said It was insured by QBE insurance

 

Askmid says that "there are valid operational reasons why more than one policy may appear on the database for a given date". "We therefore suggest you contact each insurer identified to establish which insurer/policy should respond to your claim". ( i will upload letter soon)

 

img20200702_21434032.pdf

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considering it expires in Jan 2021 it looks like it has 2 insurances policies running on it at the same time, What a farce! each insurance company could blame one another this shouldn't be legal, but it looks like it is.

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The insurance companies have got nothing to do with you – and you shouldn't worry about it. You should follow the advice given by my site team colleague @unclebulgaria67. If BRS want to bring in their insurer then that's up to them. That I would suggest that you avoid dealing directly with their insurer. They are experts at delaying and prevaricating and knocking you down. Get your estimates for the damage and then proceed against BRS. If anybody tries to tell you that you should only correspond with the insurance, ignore it.

BRS are liable and how they sort the problem out and get their money back from their insurer is up to them – that you shouldn't get involved in a tangle

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Thanks the only problem ive turned BRS's offer down they could use this against me in court.

My home insurance will pay out , if for some reason they cant get my excess of £450 (my words not theirs) who do i claim off, i only want to do the court as a last option as i had all the court hassle with Barclays and they no full well LIP have no legal knowledge and use this to their advantage.

Edited by hello12345
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Another problem BRS wont pay cash they said they will get a builder, but there is some welding and fabrication to a metal farm gate and reinforcement metal needed for hinges in pillar, that im not sure a builder will entertain, also how do i know they are going to pay the builder after they complete the work?

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Why did you turn the offer down? Did you do that in writing? How was that offer expressed and how was your refusal expressed?

I have to say that you've been here over a year and I'm not too sure why you go ahead and do these things without asking at least for some advice.

In terms of the welding et cetera – BRS would be responsible for the entire repairs. It's up to you to dictate terms. I'm not too sure why you are allowing yourself to be pushed around by BRS

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considering it expires in Jan 2021 it looks like it has 2 insurances policies running on it at the same time, What a farce! each insurance company could blame one another this shouldn't be legal, but it looks like it is.

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There can be many reasons for dual insurance, depending on the use of the vehicle, certain hires, contracts etc, - nothing our of the ordinary there, just get the firm to confirm which one, as above don't let them dictate, they are in the wrong. 

 

I would use you own insurers , and always advise this in cases where there is an impact claim for a  wall or similar. 

 

Reason being is the third parties liability is for indemnity only which realistically is to pay for the damaged part of the wall and that only, they don't even have to pay for a builder, just the cost to repair, leaving you to deal and fend for yourself.    Your home  insurance cover will be on a new for old basis, giving further allowance if there any grey areas in regards to block matching, matching items (say for the welding) potential wear and tear contributing etc,    - more chance of getting more of the wall done than just the section that is damaged - plus it gives you a much better right of recourse if anything goes wrong, especially if you get a cash settlement or they use dodgy bob the builder. 

 

Your insurer will want the third party details and will chase the responsible underwriter for their recovery, you may be able to piggy back on that. The reason for their hesitance in confirming about claiming back the XS will be due to the fact they are a home claims team and don't do an awful lot of recovery of losses compared to a motor claims department, and generally don't have as much experience on a day to day basis (or certainly not the front line staff). 

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What happened BRS, contacted me after the accident and wanted to repair the damage i agreed i told them don't you want to go through the insurance they said no !. I said ok you can repair the damage, they asked me for more details about the damage so they could post the job on mybuilder.com. Anyway i emailed them giving them details of the damage and they never replied and ignored me.

 

It was only when i done a askmid and got the insurance details of 2 policies running on the vehicle and contacted Allianz the first on the list, BRS contacted me saying sorry for the lack of communication i went on holiday and left it with another staff member who failed to contact you.

 

BRS offered to say they want to repair the damage i said "NO" you messed me about the first time and now i want the security of going through the insurance.

 

  I did give them one last opportunity under my terms i told them to pay ***** (fair amount)into my account and that would settle the matter and i would sign a agreement that the damages are paid in full.

There reply was "that is not how we do things here and to contact their insurance" and conveniently never gave me the insurer responsible.

Edited by hello12345
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my home insurance have offered £ 950 -  450 XS = £500 they have been speedy on the matter this is to repair the 3 mtrs of double wall and pillar,  but haven't considered the cost of repairing my bent and twisted and dented farm gate nor the cost of welding a rod on the hinges to reinforce the weight of the gate through the pillar. nor damage to fence trellis and the costs of removal of bricks ect. Im not greedy but this is not a fair price also my premiums are going to increase for next few years i suspect.

Edited by hello12345
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Follow the advice and get 2 builders quotes, send them to BRS and ask them to pay for the cheapest one in full. They should agree to it (going through their insurer will cost them more). If they refuse your offer and want to use their insurance, then that's up to them. It's not for you to get involved.

 

Why do you deliberately cut yourself short £450?

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BRS might mess me about again ,How do i know they are going to pay the builder? i offered for them to pay me , they have pictures of the damage but they only want to dictate on their terms

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It's not for you to worry about how they are going to pay the builder. The builder should invoice them directly (if they've agreed to pay for your damage). And then it's between them.

 

If they don't agree then you send them the letter of intent that you will take them to court for the damage.

 

If you prefer to just sit back and take the money cut, then it's your choice, but dare i say, not the best choice.

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i think it might be worth taking the loss than deal with their arrogance, i could be wasting more weeks with them without resolve.

 

I did contact a company called CRASH based in NI who deal with this they said they would look into it for me without costs, if they have a more than 50% chance of recovery they would take it on and recover legal costs from the insurance company, there might be some charge i will have to talk with them more.

I haven't decided yet. Anyone heard of this company? they are on Facebook as well.

Edited by hello12345
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this is a claims managemnt co and they will complicate things no end and you may have to pay them out of your own pocket if they are incompetent enough to screw things up.

The simplest thing has already been suggested, you get 2 quites from builders and pass them on to BRS and ask them to tell you which of the builders you can expect to start work and when.

Yu keep your involvement to making the builder a cup of tea until the job is done and them you get the work inspected befre you agree that it is of satisfactory quality and that the matter is now settled. If their builder doesnt do a good job them you tell them this and tell them that you WILL take legal action to put you back to your original position.

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i could contact BRSs again they will only get their own builders, I'm ok with this they are probably going to let me down again thou.   I'm going to have to forget about the gate and hide it out the way as a builder is going to run a mile because they wont be bothered in getting a metal worker involved.

 

I've had one builder come down he  obviously wasn't interested,  to complex for him he never come back to me with a quote

Another builder i sent pictures online and he never contacted me either.

 

A cash settlement would be easier but I'm not pushing for it. With cash i could use the services of a builder and metalworker. the hinges need to be welded on to a metal rod and the bricks built around it, the gate i can just tart it up a bit and accept the damage.

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BRS could quite easily pay a agreeable cash settlement to get things moving easily and quickly , but these big corporates are all the same they want to inflict as much pain on people as possible and make life difficult for people. Barclays were the same, these big corporates are all the same greedy selfish and like to make people suffer.

 

I contacted QBE insurance claims today but it is a automated message about emailing because of covid, no response so far from email.

The funny thing is i  got in contact with the non claims department and i told them about a claim they put me on hold then i was cut off.

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I don't understand why your insurers will only pay for part of the damage caused by the lorry.  Do they think some of this damage was pre-existing or just general maintenance or something?  I presume you've asked them why.

 

Also, why are you so keen to have a cash settlement and why are you so worried about whether BRS will pay the builder?  If they don't pay him, he can sue them.  It's got nothing to do with you.

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The insurers wont send a loss adjuster down , I've told them about the gate  and shown pics but cant get a estimate by a builder for gate or whole job as its like asking a builder to estimate damage for my car. The only way would be to get a metalworker down to price the gate up and hinges separately,. this is not going to be easy so i think I'm going to have accept the damaged gate and take the loss. The cash settlement would be better to get the gate sorted later after builder has done the wall. also a cash settlement would be quick, i could wait weeks for BRS to sort things out and then they could go cold on me again. at least with a insurance company you no you will get it fixed despite how long it might take. it has that added security. The home insurance carries a 450 XS plus higher premiums I'm not sure i will get it back.

 

if i could get a builder to price up the wall and a metal worker to price the gate and hinges up separately the home insurance might accept this, that is a possibility.

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