Woolfie's Father-in-Law car crash

[Woolfie]

My father in law had a car crash in November last year (2006) when his car was written off by a car running into the back of his. He was cut out by the firebrigade and taken to the local A&E and released the following day.

The car, an 'N' reg Ford Escort, was removed and taken to a local garage where it was stored for two weeks. His dog had to be taken to the Vet and required treatment.

Since the accident we are no further forward with the claim. We received a settlement figure in January which we were going to accept but it turned out it was from the wrong insurance company. The other driver was in a hire car and my father-in-laws insurance company had been chasing the hire companies insurance instead of the other drivers.

So that was him back to square one and we are still waiting for a satisfactory resolution. The other drivers insurance have made an offer but are refusing to pay for loss of use of the vehicle and also storage of the vehicle before it was written off.

Also he is awaiting them to arrange a medical examination as he has limited mobility in one leg now and it collapses under him. He also has shooting pains up the leg and in his back too.

I have written to his insurance companies solicitors today declining the offer and outlining what he would be prepared to accept in partial settlement as we still have to sort out the injury part of the claim. We are very dissatisfied with the service he has received from his company and i am wondering if it would be worth taking it to the insurance ombudsman.

Also wondering if we should expect them to pay the storage charges.

Anyone got any thoughts? it would be much appreciated


Thanks

Woolfie

[Tools]

Hi Again Woolfie,

I will put the answers i gave you in chat earlier onto your thread now youve made one.

Ok we decided that the cars value (the cost of buying a replacement like for like) was £555 private sale and £610 independant dealer . They have offered your FIL £400 for write off value . This seems low and I would be inclined to reject that offer and say nearer £500 at least . Tell them you have looked around to see how much a replacement would cost and show them the figures. They may also be trying to say that he has to pay the excess , but as you mentioned in chat earlier the other party has admitted liability so no excess should be paid .

Recovery and storage charges should be met by the other parties insurance company. Even if they are third party only insured , he is the third party and no costs should be paid by him.

The personal injury and the dog should all be sorted out by the insurance company if he has legal cover added to his policy . I also mentioned finding out if both parties were isured with the same company as this can cause a conflict of interests when advising you that an offer is fair .If you aren`t getting anywhere fast , ring them , daily , hourly , get the name of the person who is dealing with the claim , and politely not abusively (remember the person on the other end of the phone is human too) keep pestering them . Explain his/your concerns about being out of pocket and without transport . Did the policy include a courtesy car?

If you get no where fast with the PI claim then yes as discussed He may be as well taking the case to a NO WIN NO FEE kind of firm . I`m not sure if this is a service Leagle-Beagles are taking on yet but if the insurance co.`s solicitors don`t work out , PM Celestine with the details and she might be able to find out.

Keep us updated Woolfie and good luck

Jules

[Woolfie]

Thanks again Jules for your help!!

Just a quick update. Phoned the insurance company today to find out if there was any progress and they have informed me that they now require a second medical records release form for the company that deals with the personal injury side of things. So yet another delay.

We have rejected their offer and put together a letter of our demads for settlement so hopefully they will meet us somewhere in the middle.

Woolfie

[iancognito]

Woolfie

Check the policy to see if it includes legal cover ( its usually about an extra tenner or thrown in for free and used to be called DAS but not sure it is now) if so you are entitled to get a solicitor to act for you with the fees paid. Admittedly its not a brilliant service but may push things along a bit.

If you are in an accident caused by someone else, you pay NO associated costs, they will all be covered under 3rd party insurance and they do not expect to pay out their first offer, I also found many insurance companies include accident management as part of their cover so check that too.

Do as Tools advised - hassle them constantly, your file will just be put aside until some new query or development brings it back to the top again, if nothing is happening it will stay buried.

[Wrighty]

Woolfie are you talking direct with the TP's insurer when you have legal representation/solicitors?

Claiming against the wrong CI!!. If that is the case you need to place the solicitors on notice that if they don't get it sorted you WILL change lawyers as is your right

Unfortunately as there appears to be a continuing injury until the victim has had another medical general damages (pain & suffering) cannot be assessed. However as you say an interim payment could be made.

The problem with that is that the IC's prefer not to make such payments because like Xmas & holiday times it gives them a better bargaining power if they can prolong settlement knowing that the victim is fed up & just want's by this time to put matters behind them

Lots more than usual settlement offers get made just before Xmas & the reason why is obvious

[Glenn UK]

re legal cover, check you household contents and buildings cover, one or both may also include legal cover for fees up to a set amount.

This means you can seek legal assistance under those insurance policies tpyically up to a value of 50K or so.

with respect to the othe rparties insurers surely since they insured party is at fault then they are liable to pay all your costs due to their parties fault?

If your insrance company are quibbling then it would be interesting to know why they are not supporting your claim against the thrid party?

Glenn