Getting back My Excess

trebletap

Hi, 10 months ago a car ran in to my house and caused some damage. The claim was paid out in full. But now I am having trouble getting my excess back from Tesco Insurance. They say the they can not pay it as the third party insurance company will not pay 'them' until they get the police report. Several calls to tesco later and they say the police still have not replied to 'their' request? Ok it's only £100 but what more can I get tesco to pay my excess. Thete is a Police Crime Number but the police will not deal wit me. It's so frustrating. Many people might just decide to leave it be - but why should I. Kind rgds Steve

Quentin

You can go straight to the driver for your money.

Write a "letter before action" requesting the money, and giving him 14 days to pay. Say that failure to pay will result in you taking legal action to recover your money.

Then if this fails issue a summons via MCOL. His insurer will sort you out rather than allow their client to get a ccj! (Which would send him up the pole with them!)

vikingaero

Agree with Quentin. Sometimes the only way to make an Insurer to act is to sue the Policyholder. It's not nice for the Policyholder but it's the best way to give the Insurer a kick up the arris.

DeeDeeinDooDoo

Hi,
I'm in a similar situation. Guy reversed into me and I have a passing, independent witness to support me. Paid my £100 but my insurer says that other guy and his insurance have not admitted liability yet (5 months so far since accident). I think I will try this as I have his address. What does MCOL stand for please?

Also agree that people think you should just forget about it - £100! No way!

Premier_2

trebletap wrote: »

... Thete is a Police Crime Number but the police will not deal wit me. ...

Why not? It was your property that was damaged, why won't they give you the crime reference number?

Premier_2

DeeDeeinDooDoo wrote: »

...What does MCOL stand for please?

Money Claim On-Line

Raise county court claims from the comfort of your computer ... and save on filing fees too (should you lose)

rev_henry

I beleive a fairly recent change in legislation (sorry don't have anywhere to back that up) means you can actually sue the driver's insurance company directly, as by law they're jointly liable for what's happened. Makes it a bit more pleasant for the driver. And also OP, can't you get onto the 3rd party insurer yourself, before sueing anyone? A few stern words with them might sort it out.

Quentin

rev_henry wrote: »

And also OP, can't you get onto the 3rd party insurer yourself, before sueing anyone? A few stern words with them might sort it out.

How patient do you want us to be?

He's waited 10 months for his money!

You see anyone else waiting that long, then trying a "few stern words" to get things moving?

A court summons will get everyone jumping!

rev_henry

Quentin wrote: »

How patient do you want us to be?

He's waited 10 month's for his money!

You see anyone else waiting that long, then trying a "few stern words" to get things moving?

A court summons will get everyone jumping!

Ah yes, fair comment. MCOL is the way forward.

Premier_2

Remember, court action should always be seen as a last resort.

A few stern words may do the trick, a letter before intended legal action is certainly what county court judges look for to ensure people are not using the courts as a first choice option.

WildWayz

Thanks guys!

I am in a similar situation;
Last Friday a drunk driver crashed into a flatbed recovery truck and shunted it into our car, then he legged it. Our neighbour chased him and held him until the police arrived. He never gave the police a sample, so he is off to court on 31st December.

In the mean time, I have to pay £200 excess which I would like back! The insurance company said that I will get it back once the Admission of Liability has been cast on the drunk driver. Should I tell them when the court case is? Is there anyway for me to check the results of the court case?

My car is a Nissan Almera Tino Twister 02 plate, 74,000 miles. The damage cause was a deep/sharp dent to the boot door, rear bumber has been dislodged/pushed out and there is scratching to the front bumber (quite deep). The boot has to be slammed hard to shut it, otherwise it wont close. Wonder if they'll write it off
(Hope so - looking to get a new car anway!)