Car Insurance Dispute - Going to Court

dacouch

notafan wrote: »

I'm not recommending him for details of a law firm...

as i said its so the OP can see what sort of things the other insurance company will reject.

Car wise like him or not that site has a wealth of information.

But a lot of it is incorrect, he has cleaned it up a lot recently but some of his advice regarding Insurance was shocking.

For instance he was telling people whose car was a write off that they could insist the other party repair it no matter what the cost or insist they source a like for like replacement. Amusingly he sited a case regarding credit hire as a legal reason why (It was incorrect advice). He has stopped giving this advice out.

As I said before it is ironic he slates credit hire and claims management companies when Lucybc in effect runs a claims management firm that offers credit hire (Which he and her actively push on the HJ website). Granted Lucybc states she will never pursue a customer for CH costs but she is still putting people in expensive hire cars that have an effect on premiums which HJ slates providing it is not Lucy's company

notafan

In particular it has its own forum like MSE where people are talking about car related topics specifically where i'm sure the OP as i mentioned will get a wealth of information - which in the same respect as this site is sometimes based on opinions and shouldnt be taken as gospel positive or negative.

imbud

I'm now in the position of being summonsed to Court to pursue a claim made by Claimfast in my name to recover the costs of a hire car. Do I really have to attend? I had no choice in the matter of the car supplied - it was left on my drive and the repairers were very quick in turning the job around so no extended hire period. The other party admitted libility - what can I do - will I get hit for any costs for something which was not my fault and can I get any compensation for having to take a days unpaid leave from work? Am totally bemused as i thought that's why i paid my insurance premium.

Quentin

You do need to comply with Claimfast's procedures and assist them getting paid (you will have agreed to do this when originally making your claim).

Tell them all about your loss of earnings and all other expenses you are put to in order to attend (if it does actually go to court) before the hearing starts as they will be able to ask the judge to award these costs - after your side wins of course!

imbud

Thanks Quentin, If Claimfast ( i.e. Me as they are pursuing it under my name) lose the claim am I going to get hit for costs involved ( hire car, Legal fees, Court costs etc)?

Quentin

Check your contract with claimfast, but usually you only are liable in the event you weren't truthful when reporting your incident.

As far as the court case is concerned, again that is all down to them (again, unless you have given them false info on which they are basing their case)

So wouldn't worry.

lisyloo

Enterprise turned up at the repairers with the Kia, and said "This is yours"

Did you sign something?

If yes, then you do have a choice.
You have a choice to read what you signed, decide if the fees are sensible or not and accept/decline.
I do appreciate that some smooth talking person may have talked you into this and made it seem easy but as a consenting adult you do have some responsibiities also for what you agree to.
For example if it was say £300 per day, then I'd say no thanks and go and hire a car myself for £35 per day or the train for £6 per day or ride my bicycle for £0 per day.
If you have signed something then you are not a passive bystander although I appreicate they have made it as easy as possible for you to go along with it.

Let's hope for the OPs sake that Claimfast do not charge anyone who co-operates.
However I bet they have the ability (reserve the right) to do so in their contracts.

vax2002

The Insurers are refusing to pay because claimfast are taking the pizz on the hire car cost.
I think the other party will have a damn good case in court.

birkee

The other parties insurers were in a position to write off your car due to repair costs, but now they are put in a position off paying two and a half times that, or digging in their heels. Not well handled all round.

lisyloo

The only time that you would become liable for costs if you do not help claimfast with their enquires. ie refuse to assist in court, refuse to statement etc

I know it's a while since UnknownSaver posted.
But I presume this means that anyone going to court has to take time off work at their own expense (either paid vacation or unpaid leave presumably).
Also I guess they get a CCJ (county court judgment) on their credit record?
To say nothing of the emotional stress of preparing and attending court.

This is precisely why I always say I would rather "take the bus".
Which is actually a catch-all for walking/cycling/lifts/borrowing a car/train/bus or where necessary reasonably priced (circa £35) per day car hire.