Mnutter v Insurance company withdrawn indemnity

[Amethyst]

Re: Hi All - New member in need of help and advice!

Is it only the first accident that has a personal injury claim involved ?

[mnutter30]

Re: Hi All - New member in need of help and advice!

No Amethyst we had the 2 accidents in the space of 3 months. It was after the second accident when my wife got involved with Silverbeck Rymer and they said that they would take on both matters. Different handlers dealt with the 2 matters and the 2nd accident has been finalised and dealt with. It's the very first one that Aviva have an issue with and to be honest this was the most serious one that happened on the motorway.

[des8]

Re: Hi All - New member in need of help and advice!

So how on earth do I find out what the issue is? Are they obliged to tell me? It seems funny how they didn't have this issue with the second accident and I was insured in exactly the same way with the same company!

So that's why you need to push the insurers for an explanation.
Go via their underwriters and their complaints department.

As the insured IMO you are entitled to know why they are withdrawing indemnity.

[mnutter30]

Re: Hi All - New member in need of help and advice!

Cheers Des8 I'm going to call them again at some point and try and find out but I don't think I'll get anywhere.
Getting stressed out now with all this and just feel that I have no idea what's going on and what to do.

[des8]

Re: Hi All - New member in need of help and advice!

Confirm all telephone calls in writing (email sufficient)
and don't miss deadline for returning N181

[mnutter30]

Re: Hi All - New member in need of help and advice!

Well my wife and I decided to sit down and have a good read through some of the documents received and we found something that were not happy with at all. Recently I was sent the claim particulars which was drafted up by my wife's solicitor (which was not shown to my wife prior to me receiving the document) and this outlined all the ways in which I was negligent and to say that they are not accurate and contradictory is an understatement. They basically make out like I was some sort of F1 driver on a race circuit which is completely untrue. They state that I rear shunted someone (which I didn't), I was driving too fast (which I wasn't), I was not in total control of the vehicle and was driving carelessly and failed to slow down and stopetc etc etc which is completely false. I was adhering to the limit taking my family to the lakes when a plonker went from the fast lane to the middle lane and anchored on resulting in me making a split second evasive swerve into the fast lane colliding side on with a vehicle in the lane. All parties made to the hard shoulder and exchanged details.

Could all of this be a factor why indemnity has been withdrawn?

Regardless my wife is contacting her solicitor first thing in the morning and demanding that this is amended because it's not right.

Thanks

[judgemental24]

Re: Hi All - New member in need of help and advice!

Quick question

What is the date of the accident??

Whati is the date of the personal injury claim against you?

That is the actual date court procedings were iniated

[nemesis45]

Re: Hi All - New member in need of help and advice!

Well my wife and I decided to sit down and have a good read through some of the documents received and we found something that were not happy with at all. Recently I was sent the claim particulars which was drafted up by my wife's solicitor (which was not shown to my wife prior to me receiving the document) and this outlined all the ways in which I was negligent and to say that they are not accurate and contradictory is an understatement. They basically make out like I was some sort of F1 driver on a race circuit which is completely untrue. They state that I rear shunted someone (which I didn't), I was driving too fast (which I wasn't), I was not in total control of the vehicle and was driving carelessly and failed to slow down and stopetc etc etc which is completely false. I was adhering to the limit taking my family to the lakes when a plonker went from the fast lane to the middle lane and anchored on resulting in me making a split second evasive swerve into the fast lane colliding side on with a vehicle in the lane. All parties made to the hard shoulder and exchanged details.

Could all of this be a factor why indemnity has been withdrawn?

Regardless my wife is contacting her solicitor first thing in the morning and demanding that this is amended because it's not right.

Thanks

If confronting the solicitor you will need to be sure everything you say is recorded, but really it would be
best to keep all dealings in writing to avoid mistakes and denials.

nem

[mnutter30]

Re: Hi All - New member in need of help and advice!

Thanks Nem.

Surely though if my wife isn't happy with the particulars of claim they must have to amend it accordingly otherwise it's not right. I would of also thought that this should have been shown to her prior to this stage so she can look over things and agree with the contents.

[judgemental24]

Re: Hi All - New member in need of help and advice!

It is down to your defence to disprove their POC in you witness statement

The onus is always on the claimant to prove their case

[Amethyst]

Re: Hi All - New member in need of help and advice!

It will be hard dealing with this - your wife's claim co are there to get the best outcome to her, they don't give a flying hoot about you. Their job is to make her case as strongly as possible - and to make you look as bad and culpable as possible to get the highest compensation payout possible. You need to defend the case. What defence have you entered? or has Aviva entered a defence?

Your wife needs to deal with her claim company and you need to deal with your defence - you will have to pretend it is a third party making the claim against you, which means defending strongly - presumably your wife is on a no win no fee agreement with the claims co, so you defending shouldn't cause her any issues, but of course now you are fighting against her getting compensation.

Do you have a copy of your wifes agreement with the claims company ? They must have been given the information about the accident - they will embelish it to make it as strong a case for your wife as possible - sounds like they have gone a bit far and are on the verge of making things up.

Personally, I would just get my wife to drop it as this kind of thing can cause such problems in a relationship, a few grand really isn't worth it. From what you said previously it doesn't sound as though the injuries were life changing? so is it really worth this?

Where are the other involved drivers in all of this anyway? Did they make claims against your wifes insurance ?

I don't really get it overall, so feel completely free to ignore me.

[judgemental24]

Re: Hi All - New member in need of help and advice!

Sorry to keep repeating myself

What was the date of the accident in 2012

It is important

[Amethyst]

Re: Hi All - New member in need of help and advice!

Hopefully the claim company have checked the limitations issue - they did bring it up as a sales pressure technique

They also said that if she didn't claim within 3 years then the money put aside by the insurance company would go to the government.

but I would really not be surprised if the first accident was out of time.

[mnutter30]

Re: Hi All - New member in need of help and advice!

It was in August 2012.

I understand that my wife's company are trying their best to make their case as strong as possible but at the expense of doing so there making me out to be a bloody boy racer which may or may not be the reason why Aviva have washed their hands with me!
My wife has had issues from day one with regards this matter. Its been passed from pillar to post, they stuffed up on her medical report and every time she calls the claim handler for info etc. She states that she hasn't really had chance to read anything and would call her back. Funily enough this happened on Friday with her saying she would call her on Saturday and surprise surprise she got no call back!

Just don't know were we would stand if she pulled out altogether.

[des8]

Re: Hi All - New member in need of help and advice!

So besides the Limitation problem, they are IMO suing the wrong party.
The incident was caused by the "plonker (who) went from the fast lane to the middle lane and anchored on resulting in me making a split second evasive swerve into the fast lane colliding side on with a vehicle in the lane."