The accident happened on a roundabout I was already on, someone pulled out on me and I T-boned the side of their car.
An 'independent' assessor has looked at my car and wrote a damage report which went to the other drivers insurance company (who I am personally claiming from as my insurance is 3rd party cover only).
Their company have now wrote to me saying they are denying my claim because:
They can't understand why the whole front of the car is damaged (erm..because I T-boned the other car!)
They can't understand why the nearside wing is damaged (erm..because she kept driving for a few seconds, which tried to drag my car to one side. The chassis went out of line and it moved the wing out of position).
They can't understand how the nearside door is damaged (erm..it isn't!).
Is there much else I can do other than write to argue their statement?
A solicitor or small-claims court would not be cost effective as I'm only claiming approx £400.
What can I do?
2007-08-26 07:41:57 · 8 answers · asked by crazeetaxi 2 in Cars & Transportation ➔ Insurance & Registration
I would thought that your insurance company and her's would fight it, not them send you the letter.
2007-08-26 08:17:15 · answer #1 · answered by WelshLad 7 · 1⤊ 3⤋
Yes they will deny after all you are acting for yourself. Keep on batting give them say 14 days to reply then try the Ombudsman or issue a County Court Summons but you must prepare your claim carefully . Numbered paragraphs will help with each point. You are claiming in negligence. If you are going down that road do not make your claim against the insurance company the defendant is the other party. They will pass it to the insurance company who will have 14 days to acknowlegde and a certain time to put in a defence. There will be a counter claim from them which must be answered point by point as a Defence to the Counterclaim with in I think 14 days. The forms can be obtained from the Court. DO NOT FORGET TO KEEP COPIES OF EVERYTHING. Do you have a witness? Get a statement of them before you start. They may have to attend the hearing if it goes that far. Sooner or later you will be asked to list any documentation you intend to use in the hearing and supply a copy to the other side. the other side wil be required to do the same. The chances are it will not come to this but follow each step rigerously. The Court staff will guide you as to procedure but not help you to prepare your case. I would USE THE COURT ONLY WHEN ALL ELSE FAILS.. Make a note of the time you spend you may be able to obtain an order for costs at 2/3 of the fees of a solicitor if it gets to court. I do not know the present Court Rates. Take this carefully I may be out of date
2007-08-27 12:11:35 · answer #2 · answered by Scouse 7 · 0⤊ 0⤋
You state that the small claims court would not be cost effective, but I disagree principally because you do not need legal representation in the SCC. They were introduced as a rapid (and cheap) method of resolving disputes for amounts less than £5000. Legal expenses are not recoverable using this method, so if you lose you cannot be made to pay such expenses to the other side if they have chosen to use a solicitor.
If the other person's insurance company is refusing to deal with you then just make your claim against the other driver. Her insurance company will be obliged to pay up if you win. I think (but I am not absolutely sure) that you can name them as jointly and severally liable so that you can chase either one for the full amount or both at the same time.
Bear in mind that the level of proof required is not stringent. It will be settled on the "balance of probabilities" rather than "beyond all reasonable doubt," as would be required in a criminal court.
2007-08-26 20:58:01 · answer #3 · answered by Trainman 3 · 0⤊ 0⤋
Even with third party cover, your insurance company should battle this out with the other company. If you disagree with the decisions all companies have a complaints/appeals procedure. If this fails the insurance ombudsman can be contacted.
You need to ensure that all your letters are copied for future reference. Also your cover may include legal expenses, in which case you should contact them for advice. Remember that if the other party's insurer has sent someone they are not impartial - who is paying them!! They do have the right to question damage, but let the companies fight it out, thats what you pay them for. Good luck!
2007-08-27 21:06:09 · answer #4 · answered by SP/ARMAGH 2 · 0⤊ 0⤋
Write to the insurance onbudsman. We did this when my other half had an accident and his insurance company paid out to the other party (even though it was her fault) without contacting my partner so he could tell them his account of the accident and then they took away all his no claims bonus. His insurers were no help and wouldn't budge on the situation until we conacted the insurance onbudsman and strangely enough the accident was then classed as the other drivers fault and they reinstated my partners no claims bonus!
Give it a try, doesn't cost you anything.
Good luck!
2007-08-27 07:23:54 · answer #5 · answered by Anonymous · 1⤊ 0⤋
The problem with roundabouts are that sometimes there are 2 lane circles, and 99% of the time the person in the outside lane MUST turn right at the FIRST turn. A lot of people dont know that and get in fender benders, including me.
2007-08-26 14:48:29 · answer #6 · answered by CARS 3 · 0⤊ 2⤋
Its not for you to worry about, you register a claim with your insurance company and the other party register a claim with theirs, then the insurance companies battle it out.
Unless youre not insured in which case you shouldnt have been on the road.
2007-08-26 14:50:59 · answer #7 · answered by John S 4 · 1⤊ 2⤋
You can let your own insurer handle this mess. Damn, life's too short...
2007-08-26 18:34:35 · answer #8 · answered by Anonymous · 2⤊ 2⤋