3rd Party insurance advice

deheinz

Hi,

Just wondered anyone could advise me on the following matter. Back in Novemberber I was riding home from work and was hit by a car making an illegal right turn. I was injured and he bike trashed. The driver has been prosecuted and.sentenced admitting full liability for the accident.

I have been attempting to get a replacement bike through my solicitor and have provided a written report from a reputable bike shop confirming that the bike needs to be replaced and cannot be repaired. I have also stated that I am happy for anyone else to inspect the bike. My solicitor has passed this info to the defendants insurers but they have not responded.

I have been phoning my solicitor every week asking for an update on any progress made. Each time she responds by saying she has left 'messages' but had no response. She advised me against contacting the insurance company myself.

Given the farcial lack of progress I'm considering sacking the whole thing off and just buying anew bike, but as matter of principle don't think I should have to shoulder the cost. Has anyone else been in a similar position or have any advice? Any suggestions would because much appreciated..

Dave

estampida

they are playing dumb at the moment, the longer it drags for the less likely they will pay out (unless you don't let them get away with it)

as he was convicted, blame has already be given by the court

did you have life insurance, or out of home cover

if so get your insurance company to put pressure on this matter, if you policy covered for legal costs

I suppose you could by a direct replacement and send them the bill, I cant see then not paying it, as liability has already been established

deheinz

Thanks estampida, I do have life insurance, ill check out the policy.

Think I might get quotes for a replacement from another couple of bike shops, get another bike and send them the bill. My solicitor seems happy for things to drag on...

cookdn

On face value it appears that your solicitor is being pants. Liability is not in question, the only game that the driver's insurer should be playing at this stage is minimising their losses.

Your solicitor should be presenting your documented claim to the insurer and after a small number of warnings simply issuing proceedings through the courts. Some insurers simply do not react until they receive a court summons, but then your solicitor should know that so maybe you need a new solicitor.

If you are not claiming for injury you could do this yourself through the small claims track of the county court. I am waiting for the Police to finish their enquiries and will be doing this if Direct Line refuse to settle over their insured knocking me off when they tried to exit a roundabout through me and my bike. I guess you maybe in the same trap as me, without a claim for injury it simply isn't economic for a solicitor to actively handle.

Best regards
David

malcsussex

I would suggest direct contact with his insurance company and have a look at the FSA web site younger to look at the FSAhhandbook as it will tell you how third party insurers HAVE to do. Good luck!

Glasgow Calum

deheinz wrote:

She advised me against contacting the insurance company myself.

I wonder why :roll: Maybe you might actually get to the situation sorted quickly and she might earn less money... :roll:

deheinz

Thanks for all your advice, I am going to contact the insurers myself after a thorough read of the FSA website. I cannot wait to get back on a bike, all this quibbling is really quite depressing...

slowbike

Glasgow Calum wrote:

deheinz wrote:

She advised me against contacting the insurance company myself.

I wonder why :roll: Maybe you might actually get to the situation sorted quickly and she might earn less money... :roll:

Every time she "leaves a message" there is a charge ... so it seems she's happy to let the situation run and run ...
Who is footing her bill? at a guess - ultimately - you ..

If you have the insurance details then I would've thought it worth contacting them direct - indicate the court case and ask for settlement within 7 working days ... as time has dragged on I woudn't settle for less than full replacement cost of the bike - as per your shop quote.

Where did you get the solicitor from ?

dalifnei

If your solicitor is no win no fee they will not be charging for every letter or call.
If you do raise an action much depends on the value of your claim. Do you have a personal injury claim?

When did you start things off with your solicitor? They will have needed to have investigated things first and then intimated the claim to the insurer. They then have to wait for the other insurer to respond and cannot make things go any faster during this "pre action protocol" period.

bails87

Someone is doing nothing, either the solicitor or the insurers. What you do depends on who it is.

The insurers have got no wiggle room as the driver has admitted full liability.

If it is the solicitor I don't know if it'll come under the remit of the Legal Obudsman. http://www.legalombudsman.org.uk/decisi ... ation.html

cookdn

Whoops, wrong thread. :oops:

Sorry.

Headhuunter

Your solicitor is rubbish. By law there are strict periods within which the defendants insurer HAS to respond to your claim, they CANNOT let it role on for ever and ever. I suggest you sack your current sol and go with a decent legal firm like Russell Jones and Walker on a no win no fee basis... They were fantastic when I was hit my a driver 3 years ago, got me full costs of the written off bike, all medical fees and costs, transport to and from work etc costs whilst I was off the bike and 5500-6000 quid in compensation...

passout

Headhuunter wrote:

Your solicitor is rubbish. By law there are strict periods within which the defendants insurer HAS to respond to your claim, they CANNOT let it role on for ever and ever. I suggest you sack your current sol and go with a decent legal firm like Russell Jones and Walker on a no win no fee basis... They were fantastic when I was hit my a driver 3 years ago, got me full costs of the written off bike, all medical fees and costs, transport to and from work etc costs whilst I was off the bike and 5500-6000 quid in compensation...

Good advice I'd say.


By the way, you could join CTC in the future, 3rd party insurance comes as part of it. Not bike insurance though.

Iamnot Wiggins

estampida wrote:

they are playing dumb at the moment, the longer it drags for the less likely they will pay out (unless you don't let them get away with it)

as he was convicted, blame has already be given by the court

did you have life insurance, or out of home cover

if so get your insurance company to put pressure on this matter, if you policy covered for legal costs

I suppose you could by a direct replacement and send them the bill, I cant see then not paying it, as liability has already been established

Hahahaha! Life insurance for a damaged bike?! Get real.

Anyway, OP, do you have the vehicle reg number? If so, go to www.askmid.com and enter it into the search bit (you do have to pay £3 odd). This will then tell you who the driver is insured with and their policy number and, I think from memory, the claims number line. Call them up, explain the situation and then call them EVERY day until this is resolved.

If you've already been speaking to insurers, and an admission of liability has been admitted and proven (which it clearly has) then you really need to call them everyday asking for updates. As somebody already said, put a timescale on it before threatening further action.