Car Damage - No Win No Fee?

DJS1988

Thanks for that Jamie - wasn't sure if I should do as the insurers last letter was so blase.

Unholyangel - I've just thought, I went straight from the carpark at the o2 to the carwash. I would like somewhere like that probably holds on to their CCTV - I am going to go there tomorrow to ask.

Thanks again for everyones help and suggestions - feel like I am slowly working my way out of a minefield.

unholyangel

Let us know how you get on

DJS1988

A long overdue update on this thread!

AXA have continued to deny liabilty. I was advised to ask for specifications of the parts that damaged my car, and for the CCTV. AXA stopped responding to me, I made a complaint and funnily enough they began to reply. They have told me the garage does not have CCTV on the car wash or entrance, only on the forecourt and exit. That's fine with me I told them, as my car had to be parked on the forecourt whilst I went and purchased my ticket! Last week they changed their story to say it was only on the exit, which would not be beneficial to my claim. They are clearly clutching at straws and have contradicted themselves. They have still not provided me with the specs I asked for. I understand if an incident is reported, the owners of the business are legally required to keep this CCTV.

Whilst the above has been going on (the above was dealt between myself and AXA as I had tried to not get my insurance involved if possible – their latest response was sent last week, despite my last letter and complaint to them being back in September), at the end of October
I instructed my insurer, Elephant, to get the ball rolling, as I was clearly getting nowhere myself. I sent all documentation that had occurred between AXA and I, contact details to the person dealing with the case there, pictures of my car etc etc.

At the end of December, I received an email to say Elephant had tried to call me (when I was at work), so I called straight back. The person dealing with my claim was not there, so I left message after message and got no response. I was unable to speak to this person until the New Year, and no one else seemed willing to help me with my case and questions. When I eventually did speak to the person, he asked me “How are you getting on with the case” - my reply was “no, how are you getting on”. He then seemed very sheepish and organized an engineer to come and access the damage. He also tried to fob me off (despite being MY insurer), with “All garages have disclaimers so you probably don’t have a leg to stand on”. Now, when this happened, the first thing I did was to check I did in fact have a leg to stand on. I took some legal advice, and they told me that with the amount of damage the garage could not hide behind a disclaimer. They went as far to say that if disclaimers really got people out of their responsibilities, that there would be disclaimers on every pavement, shop, office etc in the world, so no one had to ever take responsibility for accidents etc.

AXA informed me last Friday that no one from my insurers has been in touch with them. I have also had no joy trying to get hold of Elephant (email or phone) to discuss what the engineer reports said (I imagine precisely what the Vauxhall Garage I took my car to for a repair quote said), and what is happening with the claim. I have now made a complaint.

SO – I am no closer to having this sorted. I am not willing nor have the money to pay £400 excess to have the repair done. My insurance is up for renewal in March, I have no idea where I stand on this, I do not wish to renew with Elephant as they have thus far been useless – but I assume I cannot move whilst there is an ongoing claim?

If a Moderator could possibly move this to the Insurance forum, that would be great – I think I maybe better suited over there?