How do I claim a against my insurance co?

Polvo

Just over two years ago I had an accident on holiday in Spain and my car was written-off.

I only had third-party cover (with legal protection cover). The accident was not my fault but there were no witnesses.

I tried to pursue a claim with the legal protection company against the Spanish driver but "helpful" but almost useless - e.g. they wouldn't pay to have a legal letter translated in to Spanish.

They told me that in cases like this it is common for each party to pay for the others damage. At this point my main insurer decided to take over the case.

Months later and I'd heard nothing. I got in touch with them to ask about progress. "The case is closed" they told me, "we settled with the other driver".

I never got a penny. Now I want to claim against my insurance company (not the legal protection people) for mishandling the case.

How should I proceed?

tonys_3

I would be careful. You have already lost the car and I presume your premiums have gone up. Is there any point throwing good money after bad.

From your insurers point of view, if the Spaniard has not admitted liability, and insurers tell us not to do that, then to recover your costs, it will end up
in a Spanish Court, in Spanish and under Spanish Law. Any bias will not be in
your favour. With no independent witnesses, its probably unlikely that the
case would go to Court anyway. It is hard to see what your insurance company could do other than huff and puff. If that doesn't work, can't see there is a plan B.

Given those circumstances, I doubt that you would get satisfaction from an English Court. What more could your ins co. do?
You could ask Citizens Advice for their opinion and the AA or RAC legal dept.
if you are a member. Much though it goes against the grain, you may just have to put it down to experience. And perhaps work out the economics of 3rd party insurance.

Polvo

Thanks for the reply but I should clarify one thing - I only want to go after my insurance company.

The legal protection insurance were making slow progress when one day the car insurance company instructed them to hand over their files and stop pursuing the case as they realised that they might have to pay the other party.

The thing is that they settled the case without telling me and didn't proceed as they said they would ie each party paying for each other's damage.

So I want to complain to my insurance company, say they made a mistake and ask for the value of the car plus expenses as compensation. I just need to know the best way to do this. I have copies of the letters sent from the insurance company to the legal protection company which I think should help my case.

Cumbrian_Male

in you policy it should have a complaints procedure. follow that in the first instance then when deadlocked go to ombudsman.

MarkyMarkD

There's no way you are going to get the value of your car. You were only insured third party and the only way you would get the value of your car is by 100% winning the claim by proving the third party was responsible.

As you say, there were no witnesses. The legal expenses insurers are only obliged to pursue a winnable case, which it sounds like this wasn't. The main insurers settled the claim in what they considered the most expedient way - paying the third party, rather than risking going to court in Spain which would cost them an arm and a leg.

tonys_3

When you are insured 3rd party, in the event of an accident the only person that your insurance company will not pay out is you-regardless of who was at fault.They may not pay out the other person if they were to blame but they still will never pay you. Your case is destined to fail, no matter whether your
ins company was totally incompetent, useless et etc as your policy is not
designed to cover any of your loss or costs. That's why it is called 3rd party.

There is you, your insurance company and the other person involved who is
referred to as the third party. Either by accident or design your user name was well chosen -as you have been.

Polvo

MarkyMarkD - thanks for the advice.

Tonys - I'm not sure if you read the situation carefully. The reason I want to compain to the insurance company is because I was in the process of claiming against the Spanish driver via my legal protection company. After about a year my insurance company instructed the legal protection company that they would take over the case. I understood that they would take-over where the legal protection people had got to.

Wig

IMO there is some truth on both sides of the arguement here (i.e OP and thread respondents).

The OP was persuing a legal claim against the third party with the aid of his appointed legal help team. The insurance company somehow took over and settled the case.

The way I see it the insurance company has to deal with the case if the policy holder has made it into a "claim" the only way the insurance company is going to stop dealing with it is if the policy holder says "Stop - I'll deal with this myself"

As the policy holder did not do this I think the insurance company is able to deal with it as they see fit.

I also think that this should not necessarily stop the policy holder from persuing a claim with legal help against the 3rd party. I would say if anyone is at fault it is the legal team for halting the legal process just because the insurance company said to. It is none of the insurers business what is going on between policy holder and legal help team. AFAIC

BUT I will also say this is a legal minefield and the only people qualified to answer these qu's are lawyers who know their stuff, not internet forum folk who may or may not know some basics.

I will also say, OP life is too short, live and learn, and forget it, it's not worth the hassle. But one of the easiest ways to get a judgement against your insurer would be to write them a letter of complaint outlining your greivances, wait for their response and then say you are not satisfied and wish to take the matter further to the Ombudsman, and ask them to clarify what their agreed procedure would be with this in mind, then take it to the ombudsman and if there is a case to answer the ombudsman most likely will find it.

Like I said I consider the fault to lie with the legal help team, so the insurance ombudsman is probably not going to find fault, but there is probably an omudsman service for the legal help team aswell, but if it is what I think it might be they are going to be heavily biased in favour of the legal team.

Wig

tonys wrote:

Either by accident or design your user name was well chosen -as you have been.

I didn't understand this

tonys_3

Polvo-I do understand the situation, and I feel for your plight.
No one could
foretell the outcome with your legal protection company so with the lack of witnesses etc etc. I feel that alll that will happen is that you will become more frustrated and cost you more money. Better to bite the bullet and get on with your life. I think I confirmed what markymarkd said in an earlier post.