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On 23rd May 2008, at 13.52 hrs, whilst my vehicle was parked in an access lane, the loaded wheeled bin belonging to the premises next door, rolled down the lane and ran into the rear of my vehicle damaging the rear spoiler above the boot.
I requested details of their public liability insurance at the time, but this was ignored, along with subsequent letters to their registered office. I have just recently found out that the business was insured through AXA, and have asked them to send me the necessary claim forms to complete.
To date they have not done this.
I have two people that witnessed the incident and are prepared to give statements to that effect, and I took several photographs of the incident moments after it occurred. I wrote two “recorded delivery” letters to the insured at their registered office, both of which were ignored by them. On 21st July 2008, I issued a claim through the Northampton County Court, for the amount of £599.25 + costs and interest, this claim was not disputed by the other party and no defence was offered, therefore Judgement was entered on 13th August 2008, for the amount of £659.25 + interest.
Before I took the decision to pass the matter to the courts, I made various enquiries to find out who the other party was insured with, and it was not until after judgment was entered that I found out that the other party was insured through AXA, and I would now like to pursue a claim in that respect.
This was their response:
"Thank you for your letter and enclosures dated 27 November 2008.
In light of your comments we have now written to the registered address
of the insured for additional information. A 21 day deadline has been given failing which, if no response is provided, we will proceed to close our file.
The comments made in the third paragraph of your letter have been noted. While we are sympathetic to the situation you find yourself in, unfortunately there is no legal requirement for our insured to hold public liability insurance or indeed report an incident to their insurers.
Clearly, if an incident does occur and they do not report the matter then potentially they are in breach of their terms and conditions. This is the situation we are faced with at present.
We will be in touch again just as soon as our time restraints have expired.
If you have any queries, please contact us on the above telephone number. To enable us to respond to your enquiry more quickly, please quote our reference as above".
Can anyone enlighten me as to what my legal position is with regard to this claim?
Many Thanks
Derek
I requested details of their public liability insurance at the time, but this was ignored, along with subsequent letters to their registered office. I have just recently found out that the business was insured through AXA, and have asked them to send me the necessary claim forms to complete.
To date they have not done this.
I have two people that witnessed the incident and are prepared to give statements to that effect, and I took several photographs of the incident moments after it occurred. I wrote two “recorded delivery” letters to the insured at their registered office, both of which were ignored by them. On 21st July 2008, I issued a claim through the Northampton County Court, for the amount of £599.25 + costs and interest, this claim was not disputed by the other party and no defence was offered, therefore Judgement was entered on 13th August 2008, for the amount of £659.25 + interest.
Before I took the decision to pass the matter to the courts, I made various enquiries to find out who the other party was insured with, and it was not until after judgment was entered that I found out that the other party was insured through AXA, and I would now like to pursue a claim in that respect.
This was their response:
"Thank you for your letter and enclosures dated 27 November 2008.
In light of your comments we have now written to the registered address
of the insured for additional information. A 21 day deadline has been given failing which, if no response is provided, we will proceed to close our file.
The comments made in the third paragraph of your letter have been noted. While we are sympathetic to the situation you find yourself in, unfortunately there is no legal requirement for our insured to hold public liability insurance or indeed report an incident to their insurers.
Clearly, if an incident does occur and they do not report the matter then potentially they are in breach of their terms and conditions. This is the situation we are faced with at present.
We will be in touch again just as soon as our time restraints have expired.
If you have any queries, please contact us on the above telephone number. To enable us to respond to your enquiry more quickly, please quote our reference as above".
Can anyone enlighten me as to what my legal position is with regard to this claim?
Many Thanks
Derek
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