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Paddy, outrage at insurance claim : (



  182


Hello paddy i have spoken to you a number of times about this insurance claim but still it is not settled. The incident happened way back in may last year and ever since then the accussed has not been playing ball.

I thought i might have been getting somewhere when i was awarded back my 2 years ncb quite a few months back now, im sure you even said it was in its final stages. Even when the police reported to me that he had admitted it to them i beleived that he was not gonna get away with it.

Still waiting ive been getting really wound up as you can imagine, i went to my insurance brokers today looking for anwsers because i have not had one single letter or phone call from anyone who is dealing with this claim.

So my brokers phoned who is dealing with it, i think it is some solicitors because i was only 3rd party at the time it was being dealt with under that 25pound legal protection thing. They had told my broker that the party responsible had not been replying to any letters that had been sent out to him either from his own insurers or these solicitors that are dealing with it.

Now my fear is that he has cancelled his insurance and i actually beleive he is no longer driving and has moved address so they assumingly cant get hold of him, how does this effect me?

Does this mean i wont get my money?

surely he was insured to get the claim to this stage as to reward me back my ncb, wouldnt i have heard otherwise?

Whether they can trace him or not, he was still insured at the time of the accident, whether he is still insured or even driving, shouldnt his insurance co still pay up?

What can be done, if you no what are the next steps that will be taken?

When my broker tried to phone the solicitors it went through to answer machine so it could not get sorted anymore whilst i was down there so she said she would contact me within the next coulpe of days with some answers.

Rob

cheers for your help.
 
  320d M Sport


Hmm, sounds like somebody someone ISNT doing their job and youre suffering as consequence!!

If you were insured TPFT or Third Party Only on your own insurance you WILL be using your legal cover to claim from his Insurance. The fact that he may have since cancelled his insurance makes no difference whatsoever-like you say he only needs to be insured at the time of the incident. The guy has probably done as much as he has to, sounds like his Insurers are the people who are delaying it.

Whats confusing me is that you say the other guys insurance (TP ins) have not been getting responses to their letters and as such they cant do anything?? Sorry, but that sounds like a crock of the old b8llsh*t to me. When the accident happened they would have sent the neccesary forms to their client for him to fill in, they shouldnt need to write to him nearly A WHOLE year later-what purpose would it do, they arent going to find out any extra info?!!! They normally wait till they get a claim form from their client and see if they think they have to adnit liablility, they almost certainly will have all info they need by now.

So what next then!!?

First off, you want something in writing sent to you to state they admit liability. You then need to know exactly what it is YOUR brokers are trying to claim from the TP ins for you ie is it just vehicle damage? is it Personal injury?? Have figures been put forward and agreed??

The letters which insurers send have to give a certain timescale to reply, so if your insurance company send a letter asking for something, they would normally put a certain number of days on it, say 14. If that then isnt met they will send another and so on. Provided that your insurance company have done their job properly-ie given the TP every oppurtunity and adequate time to settle this claim they could present the case to court. Id ask them about the possibility of this.

At the end of the day its not really the persons fault who caused the accident that its being delayed, hes probably got no idea that all this is still going on-its not his responsibilty. The delay is either at his insurance company or maybe even your own? Sad as it is the best way to keep on top of this is to ring them about 3 times per week, honestly. You might think about writing a letter to the Claims Manager asking why this is taking so long, why is no-one keeping you updated, whats happening next and can you take this to court??

If i missed anything Im sorry! Let me know how you get on!

Paddy
 
  182


Cheers for all your advice paddy just a shame i cant get these answers from the people who are supposed to be sorting this out. I just recieved a letter this morning from JST Mackintosh Commercial & Insurance Lawyers,

Dear Mr Waterman

Accident: 05/05/2002

I write by way of update in relation to your claim.

The third party responsible has failed to provide his insurance details to ourselves. I should be greatful if you would advise as to whether you have received any information from the police as to whether they have pursued the matter with the third party in order that i may contact them and obtain the third partys details.

I look forward to hearing from you.

Yours sincerely

Zef Macintosh

JST Mackintosh

What i dont understand is that when the police spoke to me they told me that they had spoken to the person invoved and he had admitted responsibility. Now when the copper spoke to me all he gave me was the person name, address and reg and told me thats all i needed and it was no longer a police matter, that they had done there bit.

I know that its not my insurance brokers who is dealing with the claim, its these people and its taken them this long to tell me that they havent got his insurance details.

I was told that all they needed was his name, address and the reg of the car which is what i provided.

I also provided a full written statement, from what i can remember had a police reference number included in that statement so why have i received a letter like this???

I dont really no what else to say other than im contacting my brokers to sort this out Ive done all i needed to do last may, they should no his insurance details by now i thought thats what they could find out from that legal cover and protection??

Cheers again Paddy more than likely will be speaking again soon.

Rob.
 
  320d M Sport


So this letter from your solicitors is asking for police details so they can contact them to see if they have the insurance details for the other driver involved? Im amazed they havent done this by now??!!

The police would probably have given the other person a producer-hence when they say all they need is the name, address etc thats true as they can get everything else when he produces his docs. So, you need to know if he did produce, if he did who are his insurers... It sounds like your solicitors havent even wrote or spoke to this guys insurance company because they dont know who it is..... I wonder if the Third Party gave false details??

Basically what your solicitors need to do is to get the TP insurance details and present a claim to them, according to that letter though they need his details first....

Best thing for you to do is give the solicitors all the police detials (ref number etc) and say they got all his details, just ope they can find his insurance company or track him down....

What a sh*tter!!

Paddy
 
  182


Hi Paddy, ive been in touch with both the police and the solicitors since my last letter. Basically the solicitors dont have any of the third partys details all they have is his name and address.

When i spoke to the solicitors they told me to contact the police and speak to them about sending a producer out and i am to state the fact that i was only third party at the time. But when i spoke to the police they told me that they wouldnt do that because the officer who spoke to the third party was happy enough that he had claimed full responsibility and no further action was to be taken.

Now ive been doing my own investigations, i know for a fact that the third party lives at the address that was given to me buy the police because i am a postman and ive be looking at his first class letters everyday.

What the solicitors also told me was that if all the letters came back with addresse unknown written on them then my claim would be worthless, which is shorly a load of b****cks coz wouldnt everyone else do that???????

Where i am at now is the solicitors are going to send another letter recorded delivery and if they dont get a reply from that then it becomes a police matter again. i suppose ive just got to keep on waiting..........

Just because he doesnt reply to a couple of letters, shorly he coulnt get away with it he has admitted full responsibility to the police and that is in there report!!!!!!

once again cheers for your help

Rob.
 
  320d M Sport


Hmm 2 things, why cant your sols:

1) Pay £10 to the MIB to see if they have his insurance details

2) Issue proceedings directly to the TP?

Ask them that!!

Cheers
 
  182


Hi paddy gonna be righting a long letter just so i know what im writing about who are the MIB?

What is there buisness?

Are there any other things i should mention that i dont know about?
 
  320d M Sport


Sorry!

MIB is Motor Insurers Burea. All insurance companies pay into a pool in case of untraced (hit and run etc) and uninsured drivers. They would pay you out and you should keep your ncd as well. Id basically sum up all the above, or even meet them face to face?!
 


Paddy....

....I have to say, what a thoroughly nice bloke you are for helping out in such a way....all credit to you mate....my respect !.



Bill.
 


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