What to do?

baileywoos

In August 2008 my husband made a claim (for the first time ever) on his van insurance as some idiot piled into him, going too fast on a single track road in wet conditions.
Since making the claim we have been passed from pillar to post and are getting nowhere.
The other party claims it was my husbands fault and is insured by the same company - Norwich Union.
The first lot of solicitors we were given decide after a few weeks that they couldn't represent us due to a "conflict of interests" and we were appointed the same firm but from a different area.
We sent the same detailed info to the new firm and our last correspondence from them was 20 November 2008, since then we have received nothing despite my husband ringing both them and NU to push it along.
The vehicle can't be used due to the damage although we are still paying premiums which have even very nicely increased.
What can we do to push this along?
If we change Insurance Companys now will it affect this claim?

Quentin

Changing insurance company's won't affect the claim at all.

But why hasn't the claim progressed, and your repairs been carried out (or did you only have third party insurance?)

baileywoos

Haven't a clue why there's been no progression cos the solicitors and insurance company haven't contacted us.
Yes, it was only 3rd party, fire and theft, so I guess we're having to wait for his insurance company (the same as ours) to give the go ahead?

Quentin

In that case, you have no cover for this, and cannot make a claim from your own insurer. They will have no interest in the matter of your repairs, and apart from you having to notify them of the incident, there is no point expecting any contact from them regarding getting your own damage repaired.

If the van is off the road you could suspend your insurance till it's back on the road which will save some money.

You must sort out the repairs yourself, and it seems your solicitors are attempting to get an admission of liability from the third party.

If you want to get the repairs done and move on, you can pay for them yourself. Then if your solicitor is successful you can pass the bill on to be reimbursed by the third party or their insurer.

But if you want to await the outcome of the dispute on liability, then be aware this sometimes takes years, and there is no guarantee of the outcome being in your favour.

dacouch

It sounds to me that the Insurers will say that this claim was a 50 - 50 claim as the other driver will almost certainly be saying its your fault (Unfortunately people do not like to admit when it is their own fault).

This will means that each driver was equally at fault.

The best thing to do with this type of claim in an ideal world have been to photograph your damage and his damge, any road markings, skids etc as this makes it easier to demonstrate what actually happened and would help demonstrate the other driver was speeding etc (I know its easy with hindsight but if it ever happens again try to do the above).

I would recommend you ring Norwich Union or their solicitors and ask them what is actually happening and what chances they think you have got of getting your claim settled as this may help you plan what to do. I know its not the news you wan to hear but I would prepare yourself to be told the other drivers insurance is not paying for your damage.

baileywoos

dacouch wrote: »

It sounds to me that the Insurers will say that this claim was a 50 - 50 claim as the other driver will almost certainly be saying its your fault (Unfortunately people do not like to admit when it is their own fault).

This will means that each driver was equally at fault.

The best thing to do with this type of claim in an ideal world have been to photograph your damage and his damge, any road markings, skids etc as this makes it easier to demonstrate what actually happened and would help demonstrate the other driver was speeding etc (I know its easy with hindsight but if it ever happens again try to do the above).

I would recommend you ring Norwich Union or their solicitors and ask them what is actually happening and what chances they think you have got of getting your claim settled as this may help you plan what to do. I know its not the news you wan to hear but I would prepare yourself to be told the other drivers insurance is not paying for your damage.

The photos etc are the first thing we did. Photos of the damage, the road, the weather conditions everything.
I've contacted both the solicitors and NU again and they claim they're going to get back in touch. Just have to wait I guess.

dacouch

baileywoos wrote: »

The photos etc are the first thing we did. Photos of the damage, the road, the weather conditions everything.
I've contacted both the solicitors and NU again and they claim they're going to get back in touch. Just have to wait I guess.

I'm impressed! If you have all of this information then assuming the information points to you not being at fault the claim should be settled in your favour.

I would recommend you speak to your solicitors and ask them on what basis the other party is arguing the claim. You may be able to dimiss their arguements. It may also be worth asking the solicitors to issue proceedings against the other party if you have a strong case although as they are Norwich Unions recommended solicitors and are fighting against another branch of the same solicitors they may not be very willing to do this....