3rd party claim - how long should I expect to wait?

geri1965_2

OK, I don't know if you have a solicitor or not (I'm guessing not) but the principles are the same.

Insurers should deal with the claim under the terms of the pre-action protocol for personal injury claims - this means that once you send a letter of claim, it should be acknowledged within 21 days and they should make a decision on liability within three months thereafter.

As dacouch says, even if liability is clear cut, and admitted within this timescale, the time taken to settle the claim can vary as it will depend on how long the injuries take to settle. It is difficult to assess what a claim is worth until then, so most insurers will wait and get a medical report before making an offer.

If the insurance company haven't replied to you yet, and it is over three weeks, then chase them up. As you were injured I would recommend getting a solicitor to act on your behalf, if you don't have one already. The protocol is all well and good but without a solicitor, you can't enforce the sanctions if they don't abide by it.

Whitewillow_2

I know the circumstances are different but my hubby was involved in an accident in July 08, claim still ongoing, even with witnesses, had to go to court (last month) and we are still awaiting resolution, I wouldnt hold your breath, do what you can, but insurance companies never move fast unless they want something from you!

lisyloo

Hi thrifty_pete,

Do you have free legal cover on your house insurance?
This normal excludes accidents whilst a driver or passenger in a motor vehicle.
So you may find you can use your free legal cover.

If not, why not use a "no win, no fee" solicitor.
They will get things moving for you.

thrifty_pete

An interesting lesson in when not to get to pessimistic from googling the problem on online forums! The insurance company have settled up, within 10 days of me contacting them! They didn't ask for any evidence of the loss whatsoever, although they must be relying on the legitimacy of the claim from the Police report.
Maybe someone will google this in the future and find it useful. It is important to know that the statutory body which maintains the list of insured cars is the Motor Insurers' Bureau, whose online search from http://www.askmid.com/ costs £3.50. This will give you the name and address of the insurance company, and the policy number the car is insured against, which you'll need to make a 3rd party claim. I reclaimed that £3.50 from the insurer though. The police initially told me that information was confidential under the Data Protection Act. That is not correct, and rather unhelpful, the Police should have better training for their call centre staff.
I think I've learnt from this:
1. Don't be too pessimistic
2. The Royal Mail 1st class takes 10 days in October 2009
3. Get a witness to any accident
4. Keep lots of records of all the costs
5. Legal expenses insurance is not useful for claims under £1000
My legal expenses insurance resulted in my case being "sold" to a solicitors for £700. Since my claim is for less than that, it seems absolutely ridiculous. The insurance company presumably know this, and settled up before I brought in the solicitors.
For once, things are going well!

Quentin

You say you claimed less than £700 (including the £3.50 you spent getting the insurer's details) - but how did you arrive at the level of compensation you claimed for your injuries?

The insurer may be pulling a fast one in getting you to agree to (comparatively small) injury compensation just 6 weks after the incident. It may still be worthwhile getting some advice from the solicitors appointed to handle the case for you.