Taking an insurance company to Court

insured · 5 June 2007 at 11:53AM

Hi
I am posting this on a couple of the boards in the hope that someone can help me. I apologise if you have seen this before, but I am getting a bit desparate.
I

mattymoo · 5 June 2007 at 9:18PM

Not sure if it will be okay in the small claims court if the situation is ongoing and likely to exceed the small claims procedure limit (£5k iirc).

Normally to go to the ombudsman you have to have exhausted the in house complaints procedure and reached a formal deadlock. If you have not done this, you could be waiting 2-3 months for the ombudsman to tell you this.

If this situation has only recently developed then you need to consult your policy booklet and look at the section "how to complain". Then follow that process. Nothing to stop you indicating that you are making the complaint and will pass it to the ombudsman if you are not satisfied with the outcome .

As for solicitors, were you in a trade union at all? They often have advice for members and legal expenses cover. Also comes with some insurance policies and bank accounts. Check the terms and see if they will intervene for you. There will often be a conflict of interest clause were say legal cover with Royal Bank of Scotland cannot be used to sue an RBS subsidiary (they own several insurers). That is just an example and might not apply to RBS but it is something to watch out for.

Good luck and let us know how you get on.

russcraze · 11 June 2007 at 2:25PM

russ.
Car claim, what is the position if a claim is advised by my insurers to be settelled on a fifty fifty basis, when I am not to blame, my vehicle was stationary and pulled tight into the nearside when the other party went into a skid and collided into the offside, the only factor the other party has the accident happened on a country road, quite wide enough for two vehicles to pass, if I accept the insurers findings my noclaims goes.My insurers solicitor is quoting costs in excess of £4,000. to me if I go to court and lost.

CFC · 13 June 2007 at 1:33AM

russcraze wrote: »

russ.
Car claim, what is the position if a claim is advised by my insurers to be settelled on a fifty fifty basis, when I am not to blame, my vehicle was stationary and pulled tight into the nearside when the other party went into a skid and collided into the offside, the only factor the other party has the accident happened on a country road, quite wide enough for two vehicles to pass, if I accept the insurers findings my noclaims goes.My insurers solicitor is quoting costs in excess of £4,000. to me if I go to court and lost.

How very extraordinary. Are you sure your insurers are settling on a 50-50 basis, as it is not in their interests to do this? Are you positive it's not a 'knock for knock' instead? You could take the other driver to the small claims court I think for your car repairs, no need to involve the solicitors then, because you could do it yourself.
It may be worth asking the underwriters whether they will allow you to keep your no claims if there is no cost to them for car repair because you sue the other driver. I have no idea if you can sue for the extent of loss of your no claims bonus, I think you cannot, but someone else will be able to tell you for sure.
On the other hand, remember that stupid accidents caused by stupid people are one of the pleasures of driving - so is it worth time, stress and effort in pursuing any of it, in the bigger picture?
The exact amount of your claim for property damage is usually the amount of money it would take to fix the damaged item. For example, if 'A''s car was dented by 'B', 'A' would sue 'B' for the amount it would cost to repair it. To be safe, 'A' should get several estimates.

If the cost to repair the damaged item exceeds the value of the item, you may only be entitled to the value of the item. If the cost to fix 'A''s dented car exceeds the market value of 'A''s car before the accident, 'A' may only be entitled to sue 'B' for the market value of the car. This will depend upon other factors, such as whether the item is easily replaceable.

If you're only entitled to the fair market value of the item, you must deduct the value of the object after the injury. If the fair market value of 'A''s car is £3,000 and it would cost £3,200 to repair the dent, 'A' may sue for £3,000 (the value of the car). However, the value of the car after the dent must be deducted from that amount. If 'A''s car is now worth £500 with the dent, that amount must be deducted from the £3,000 fair market value of 'A''s car. This means 'A''s damages are £2,500.

Taking an insurance company to Court

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