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Original poster

legal advice needed. insurence refusing to pay out.

38 replies

misdee · 19/05/2004 11:05

we had a car crash a few weeks a go. the lorry driver admitted liability at the time of the crash. but the insurence companmy his work uses is refusing to pay out as according to them he is not claiming liability for the crash. we are losing a load of money because of this crash. we have had to pay out for hire car, new car seats etc and am very out of pocket. all we've had is an initial payout of £400, which is the value of the car less excess of £400. his insurence comp are basically trying to get out of paying the excess plus the expenses we have incurred. can anyone offer advice.

OP posts:
bunnyrabbit · 19/05/2004 11:07

Misdee,
Did you inform/go through your own insurance company?

BR

Original poster
misdee · 19/05/2004 11:10

yup. they are dealing with it. his insurence comp are hard to get hold of.

OP posts:
katierocket · 19/05/2004 11:10

I was going to ask the same, this is normally something that your insurance company would deal with on your behalf (although they would ask you for statements to back up your version of events etc)

Were there any witnesses?

Original poster
misdee · 19/05/2004 11:12

the initial £400 has come from my insurence comp. they are trying to claim things back for us, but his (can i say NU??) are being arsey. apprently even tho he admitted liability for the crash and crushing my car they still have to prove he caused the crash.

OP posts:
Original poster
misdee · 19/05/2004 11:13

no witnessess, but markings on the rd make it very clear he was at fault (he cut the corner turning right and went over the front of our car at the T-junction) police were involved, but they are saying it has nothing to do with them as its not the police who have to payout.

OP posts:
Original poster
misdee · 19/05/2004 11:14

he admitted it was his fault tho. police statements prove this.

OP posts:
foxinsocks · 19/05/2004 11:20

insurance companies always tell you not to admit liability - this is because a) you often don't know full circumstances and you're in shock and b) so that there is less chance of them having to pay out!! i.e. liability has to be proven.

They will want to make 100% sure it was his fault first. If it says it in the police statement, then that's a good start. This should be your insurance company sorting it out - they should pay you then claim the money back from NU surely?

If you continue having trouble, go to the insurance ombudsman. They will help.

foxinsocks · 19/05/2004 11:22

P.S. sounds like you need to give your insurance a kick up the backside! Get them to pay you and let them sort out all of these problems.

Original poster
misdee · 19/05/2004 11:24

the thing that is really annoying, is that they want us to carryon paying our premimums till this is sorted out. thats a heck of a lot of money if it takes months. they say we can cliam it back later, but i really hate paying out for something that i dont need/use/have. the car has been written off!

OP posts:
bunnyrabbit · 19/05/2004 11:37

eeerrr why should you pay for an insurance that you don't need? And why should you pay for insurance with them when they don't appear to be the most efficient insurance company around?

If it was me, this is exaclty what I'd 'phone and ask them.

BR

Original poster
misdee · 19/05/2004 11:40

we have phoned them. they are with-holding a cheque for 85pounds (for the car seats we replaced) untill we pay them mays premimum. but the car was writted off in april. i dont understand it.

OP posts:
foxinsocks · 19/05/2004 11:46

misdee, if I understand you correctly, these are premiums for the old car - the one sitting on a scrap heap somewhere? tell them where to go! (If it is for your new car then DON'T stop!!).

I think that is ridiculous. I would give them one chance to sort this out. Phone them and

  1. Ask them what is delaying your claim.

  2. Tell them you want the money owed to you now. You've had the crash, you have a police statement saying someone else is liable and you want the insurance money that you are owed. Maybe NU aren't being unreasonable and its just a story they've made up to try and not pay you out? how would you know??

  3. Tell them that asking you for premiums when your car has been written off is not only ludicrous, it sounds pretty much illegal!! You don't have a car anymore!

  4. Tell them you will contact insurance ombudsman unless they start being reasonable.

I'm sorry you're having to go through this. What a hassle and I'm sure, the last thing you need.

foxinsocks · 19/05/2004 11:48

oh posts crossed!

Were you paying insurance a month in advance or arrears? What I'm saying is that maybe May's premium was for April. Just check when it was due and when your contract started. A bit rich of them though.

bunnyrabbit · 19/05/2004 11:48

....Sounds daft but I just had a thought that they may be trying to make you pay the whole year's premium before paying out. Although we all pay our insurance monthly, the premium is for the year.

Agree with fixinsocks, you need to contact the insurance ombudsman and clarify exactly what your rights are. They may be acting legally, but I very much doubt it. Not sure...

BR

bunnyrabbit · 19/05/2004 11:49

Sorry, typo, I meant foxinsocks.

Original poster
misdee · 19/05/2004 11:51

We have a letter from my insurence company which came with the initial payment of £400, which states 'your policy will be suspended, but if the car is repaired you can apply to have the policy reinstated'. if the policy is suspended, and no refunds will be made on the premimum, then surely i should be made to pay the premimums for a car that is scrapped as it was worth too little to repair. we then had a letter about a week later, saying that a claim cheque for £85 is being withehld as we owe thenm mays premimums. we dont have a car atm, our next car is a disabilty car so fortunatly wont have to deal with insurence companies for 3yrs.

OP posts:
Original poster
misdee · 19/05/2004 11:57

as far as i am aware its a month in advance we pay.

OP posts:
LIZS · 19/05/2004 11:57

Are the police planning to prosecute ? If so perhaps his insurance cpompany are going to stall until then. . However I'm surprised that your insurance company won't reimburse your expenses in full, minus your excess, and then reclaim from his.

foxinsocks · 19/05/2004 11:58

how amazing - have just looked for the insurance ombudsman and seen that it doesn't exist anymore. It's all under the Financial Ombudsman now (apparently). Anyway, you have to official complain to your insurance company first - in writing I presume.

Can you ask why they want May's premium?

Original poster
misdee · 19/05/2004 12:00

not going to prosecute, but they are sebnding him some driving course. i thought this would be a straighforward claim, but its turning into a joke.

OP posts:
bunnyrabbit · 19/05/2004 12:01

OK so I just called them for you (hope you dopn't mind) Actually it's now the Financial Ombudsmen...

It looks like I may have been correct in my assumption and, although they allow you to pay monthly, they do have a right to make you pay the whole years premiums. If you want to check it out yourself call 0845 080 1800.

BR

bunnyrabbit · 19/05/2004 12:03

When does your insurance year/policy end?

Original poster
misdee · 19/05/2004 12:04

it started in dec. so guess i have to pay out till then then.

OP posts:
foxinsocks · 19/05/2004 12:04

bunny rabbit, how amazing. I guess it makes legal sense (but not much else). We pay our premiums annually so I've never thought about it really but I guess the contract is for a year's insurance. That is hard, especially if you have an accident in the first month of your policy and have to fork out the rest!

Poor you misdee

bunnyrabbit · 19/05/2004 12:07

Well, I would certainly pay May and see what happens.... not that I'm suggesting you should default on payments after then of course .

Legally I wouldn't know where you stand on this so I would strongly reccomend that you just give them a call, as I didn't mention about the disability car and I don't know if this makes a difference.....

BR

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