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Car insurance claim went to court. I won but ...

(25 Posts)
Pinkiepromisex Wed 08-Nov-17 10:05:01

I had an accident in 2016 turned into my word against the other drivers and ended up in court in July. I won the case and was awarded expenses and told by the insurance companies solicitors I would receive the excess back shortly. The cheque for the expenses ( parking mileage etc) arrived within a few weeks. I called after around 8 weeks to ask about the excess and was told it was taking awhile but would hopefully get to me soon. Last week I was told I needed to ask the other parties insurers which I did only to be told it hadn’t been claimed for! Does anyone know where I stand with this? It looks like the insurers did their sums wrong and the solicitor did mention something about the amount being too much in court but I presumed they could add up!

CoraPirbright Wed 08-Nov-17 10:06:04

Can you go back to your solicitor and ask for their help?

SloeSloeQuickQuickGin Wed 08-Nov-17 10:06:17

What is the AIBU?

Pinkiepromisex Wed 08-Nov-17 10:17:05

Thanks for the reply Cora. The solicitor was acting on behalf of and instructed by the insurers. I don’t have legal cover on my insurance either which doesn’t help. I was really nervous about going to court and elated when I won so really annoyed that it’s still ongoing! I will call the insurers again now - takes about an hour to get through just wondered if anyone else had experienced the same problem.

GinDaddy Wed 08-Nov-17 10:19:12

How is this AIBU? There's nothing unreasonable here from the OP. Does everyone just post in this section now for traffic ?

unfortunateevents Wed 08-Nov-17 10:28:05

GinDaddy - yes! grin

Pinkiepromisex Wed 08-Nov-17 10:28:24

Hi, AIBU to expect my excess back after a successful court case?

Missingstreetlife Wed 08-Nov-17 10:31:13

Your ins should claim this back for you and reinstate no claims bonus.
Try claims management company?

SlothMama Wed 08-Nov-17 10:37:21

No I would expect my excess to be claimed for in a court case, when my claim went to court it was the first thing on the itemised list of what I was claiming for

Ermm Wed 08-Nov-17 10:40:11

Call the Financial Ombudsman Service. And if the first person you speak to doesn't know keep asking until you get someone who can properly explain it to you.

Pinkiepromisex Wed 08-Nov-17 10:43:19

Thanks missing. Still on hold waiting for the recovery department.

Pinkiepromisex Wed 08-Nov-17 10:50:52

Thanks everyone. Will try ombudsman if I get no joy.

Fluffycloudland77 Wed 08-Nov-17 10:55:35

Email the insurers CEO, their email address will be on google etc.

SlothMama Wed 08-Nov-17 11:06:24

Did your solicitor not do a breakdown of all of your losses? I can't believe that a solicitor wouldn't claim for the excess when for me at least it was the most important thing that I wanted back!

BabsGangoush Wed 08-Nov-17 11:12:39

How is this AIBU? There's nothing unreasonable here from the OP. Does everyone just post in this section now for traffic ?

Does it fucking matter?

Pinkiepromisex Wed 08-Nov-17 12:22:32

Ok. So according to Hastings it’s not something they usually claim for ( this surely is bollocks) but he says he can see through correspondence I have been promised it on several occasions so a Manager is calling back by the end of the day. I never saw a breakdown of costs and just assumed they would have the figures - obviously big mistake!

AJPTaylor Wed 08-Nov-17 12:28:32

If they do not call back with an offer of payment tell them you are making a formal complaint.

Bringmewineandcake Wed 08-Nov-17 13:28:56

The solicitors should have been clear on all your expenses and uninsured losses - including your excess. You won’t get it back from the third party now but I would definitely pursue it from your insurer.

PavlovianLunge Wed 08-Nov-17 13:54:25

Oh joy, the thread police are here. hmm

Pinkie, stand your ground, and make it clear that you’ll go to the Financial Ombudsman Service if needs be - that should carry some weight. Be clear about what you expect from them, what’s agreed during the conversation, and timescales. It’s a pain in the backside, but stick to your guns.

Good luck.

PiffleandWiffle Wed 08-Nov-17 13:57:40

Does it fucking matter?

Slightly, given there's a legal advice section - this'd fit in there better. AIBU usually ends up in a fight.

Although, given that the rest of the MN forums seem to be dying a death it's no wonder that AIBU gets used for traffic.

Ermm Wed 08-Nov-17 14:01:33

Bollocks that its not something they would claim for. Complaint to manager. Ask for it be lodged officially as a complaint - they have to deal with it within 8 weeks. If not happy then, then go to Ombudsman. (If it gets to that stage ask for compensation for distress and inconvenience)

phoenixAgainAgainAgain Wed 08-Nov-17 14:21:46

This should help

ElspethTascioni Wed 08-Nov-17 14:27:03

Yep, if it wasn't claimed at the court hearing then you've missed the boat with regards to getting it back from the other insurer. But by reason of the fault of the solicitor who dealt with the claim. Was there a claim for replacement vehicle charges by any chance? Which dominated the interest of the solicitor? Anyway, I'd threaten to sue them for negligence for failure to pursue recovery of your excess and hopefully they'll just cough up!

Pinkiepromisex Thu 09-Nov-17 16:39:52

Ok. After a few phone calls a Manager has given the go ahead and the cheque will be sent to me. My insurers will be out of pocket but I’m glad I didn’t have to go down the ombudsman route though I did mention to them that I would. Thanks everyone!

Bringmewineandcake Thu 09-Nov-17 19:17:18

Well done pinkie

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