Car insurance legal cover doesn't cover fighting the council

Eshy_K

I had an accident back in August, 5 days after getting my brand new car. I was driving down a local road when my wheel clipped a dislodged drain cover & it caused £3000 worth of damage to my new car. The insurance company handled the repair of my vehicle & took all the details of the accident and contacted the council. I contacted them as well with pictures of the drain cover and the damage it caused. I received a reply from the council before my insurance company, and they weren't taking responsibility for the accident. My insurance company told me they would send another letter, but because legal cover is only against another person they would not be able to take the council to court if they still don't accept responsibility.

Surprise, surprise the council aren't taking responsibility. They say the drain cover is not dangerous while it is in it's correct position i.e. lying flat, but it wasn't lying flat, it was dislodged - hence why i hit it. So now the insurance company have to close the case, but I had to pay my £350 excess and my premiums will go up next year because I lose some of my no claims.

I am so frustrated because even the insurance company said it wasn't my fault, they believe the council are to blame. There was no kerb damage at all on my car, so I just clipped the dislodge drain cover, that was protruding into the road, which caused it to spin up and dent all along the side of my car. It was lucky no one was walking along the street cause I could have taken their legs out, I'm so glad that didn't happen. If the drain cover was in place like it should have been I wouldn't have hit it.

A few days later I drove past the drain cover & it was dislodged again, I took pictures and the council actually re-adjust the drain cover, completely resetting it and putting in a new cover, but they still didn't take responsibilty.

I looked at no win no fee companies but they only seem to deal with personal injury, and I wasn't injured. But I just don't want the council to get away with this, I pay all my taxes and then they do this! I really can't afford this!

Any advice would really be appreciated, thanks in advance

qazitory

Might be worth talking to a solicitor and get them to send an official letter?

Eshy_K

I can't afford a solicitor, I'm hoping there's another way around it?

mattymoo

Fight it yourself under the small claims procedure. You'll pay a court fee (around £45 last time I checked) and the council can then either defend or pay up. Many will chose the latter but even if they do defend, the court process is quite informal (as courts go) and you do not risk paying costs if they win.

You can even do it online - have a look at https://www.moneyclaim.gov.uk/csmco2/index.jsp

mattymoo

Eshy_K wrote: »

My insurance company told me they would send another letter, but because legal cover is only against another person they would not be able to take the council to court if they still don't accept responsibility.

Is that your interpretation of what they said or did someone actually say they only pursue claims against individuals? Either way it's complete tosh since many claims are pursued against employers of company car / LGV drivers every day by legal expenses firms.

Call them back and ask them for the page number / clause they are referring to - I bet they can't find it.

olly300

Go to your council website and search for insurance. Some councils make it easier to claim for such incidences by making you complete a form and attach evidence, there as other councils you will have to write a letter sending it by recorded delivery and if they refuse to pay up you will have to go down the small claims procedure as stated by Mattymoo.

Either way it's not hard to do yourself with a bit of help from someone if you get stuck.

bitemebankers

The last time I looked, the moneyclaim.gov website explains how to write a final demand letter before you start the formal court process. It sounds to me like your local council are playing games, and it's now time to play hardball. Once they've realised you're not going to roll over on your back, they'll probably pay out.

Eshy_K

Thanks everyone for the suggestions, I really wasn't sure how to proceed but it looks like there's way to take this further. I really don't want to let them get away this and hopefully they won't once they realise I won't back down! Thanks again, have a good christmas all