help needed! my car insurance wont let me use my legal cover

lisyloo

my whole point of my 1st post is that i have paid my insurance a rediculous amount and they are not doing what is stated in my policy.

Make a formal complaint then.
I suggest you used recorded delivery or if over the phone take a note of name, date and time of all calls (can help if they need to listen to recordings).

My spelling and grammar might not be the best, but what has that got to do with anything? That does not affect how my insurance should be conducting my case.

YES it does, this is what we have been trying to tell you.
If people don't understand what you are saying or what you are asking i.e.. you cannot commuinicate effectively, then OF COURSE it will affect the outcome.
This is true of internet posting, dealing with solictors or judges in court.
If they can't understand you then you won't get your points across.

Therefor it is not because they believe i would not be successfull its because they would have to pay more for a solicitor they do not use.

If you are not happy with the service, then complain.
You must use the formal procedure (if you don't have it then ASK for it).
You must write to the correct address to get through to the correct department, not jsut send to any odl address on your paperwork.
But there is a free and independent body you can go to if you are still not happy.

xsexkittenx

I have paid more than £1000 on my insurance and yes it includes legal cover i have not had to pay seperately, i have noted all names, dates and times of all calls ect ect and have already put my complaint in writing to them, the discussion has been side tracked from the question as people have jumped in and pointed the finger one way. the insurance don't want to take it on as they would be argueing with themselves, but if its a 50/50 why take his on, but not mine?

adouglasmhor

xsexkittenx wrote: »

I have paid more than £1000 on my insurance and yes it includes legal cover i have not had to pay seperately, i have noted all names, dates and times of all calls ect ect and have already put my complaint in writing to them, the discussion has been side tracked from the question as people have jumped in and pointed the finger one way. the insurance don't want to take it on as they would be argueing with themselves, but if its a 50/50 why take his on, but not mine?

If it's a 50/50 they aren't taking either his or yours on but portioning out the blame equaly.

lisyloo

and have already put my complaint in writing to them

Have you followed the formal complaints procedure?
It's really important that you correspond to the correct address and follow the correct procedure.
It will start timers and that department have procedures and abilities.
If you just wrote in to an address from your paperwork it might not be treated as a formal complaint.
Was it marked "Formal complaint"?
I know it sounds picky but if they don't recognise it as a formal complaint then they won't treat it in line with their procedure.

the discussion has been side tracked from the question as people have jumped in and pointed the finger one way

Agreed.
I'm trying to concentrate on what you can do now.
Others don't know the exact sequence of events or the road layout etc.
The way the case is decided will depend on your version of events, his version of events, the police report, the independent witnesses AND what's cheapest for the insurers.
Insurers often agree between themselves to go 50/50 and not argue because arguing in court just costs loads of money.

the insurance don't want to take it on as they would be argueing with themselves

You paid for the plicy.
They have to give you what you are entitled to.
So unless they have a valid reason they cannot turn you down.
Personally I don't think the grounds you have expressed (having the same insurer) are not valid and they still owe you a service, but the way to go is to complain formally.

If it's a 50/50 they aren't taking either his or yours on but portioning out the blame equaly.

I think xsexkittenx is saying that they have taken on pursuing his uninsured losses but not hers.

Is it definitely 50/50?
I'm sure I read a few posts that seemed to indicate you'd had nothing in writing and he was disputing it. So it sounds like this was proposed but has not been finalised????

xsexkittenx

lisyloo- lol yes you are correct, thats what i was trying to say but im not very good at explaining it through writing, it is a 50/50 and his insurance have paid for my car, but there was no damage to his, they have taken on his but not mine thats what i was trying to say.

custardy

there cant be 'no' damage to his car
to cause that impact there has to be contact so at least panel creasing and paint

xsexkittenx

NO there was NO damage to his car! I really don't no how to put it any simpler to you! This was witnessed by me and the other witness who was sat in his car behind me along with the other two witnesses that jumped a 6ft wall (after seeing it from the window) to check we were ok.

xsexkittenx

I did NOT hit him, my car was stationary when he hit me, his black plastic wheel arch scraped across my number plate and caught the lip on my bumper (hence it being ripped of) i dont have a clue how it broke my light or buckled the bonnet but somehow it did.

razer12121

I think what we need to do now is more so focus on helping sexkitten rather than digging at her, however i would say that spelling it out correctly and not using slang would help people understand you alot better. Maybe that is why people have given you such a hard time??

dacouch

xsexkittenx wrote: »

overtaking might not be a criminal offence but driving without due care and attention is and overtaking at a junction is doing just that, and no my car was stationary when the guy hit mine he did not see me as he carried on pulling back in.

Careless Driving is NOT a criminal offence, it is a motoring offence. The penalty for it does not involve a jail sentence