Going court need help

ioscorpio

OP

"So i went to a accident management company to sort this all out. Had a courtesy car for 3 months, all going well.

A few months later i received a letter that the other guy was denying liability and he had made up a fake witness about what really happened".

An AMC would want an admission of liability before they would organise a hire car. They would also ask if you had another car available, which you did have, by way of your own vehicle and also your dad had his vehicle that he was trying to sell. Who had the hire car for 3 months, you or your dad? It seems a long time, especially as your dad's vehicle was written off, a hire car would be stopped after the payout was made.

Quinn would have closed the claim, when you claimed directly throught the third party insurer via the AMC.

"They even came to inspect my dads car and wrote it off as a cat c on the register, even though i didnt get paid out for the car".

Why would you get paid out for the vehicle when it was your dad's vehicle. Quinn would not pay out on the cliam if you had claimed directly through the third party insurer. Surely the claim would be your dad's claim via your third party extension, not your claim?

Did you or your passenger have a personal injury claim? Who is the third party insurer?

poor_student1234

ioscorpio wrote: »

OP

An AMC would want an admission of liability before they would organise a hire car. They would also ask if you had another car available, which you did have, by way of your own vehicle and also your dad had his vehicle that he was trying to sell. Who had the hire car for 3 months, you or your dad? It seems a long time, especially as your dad's vehicle was written off, a hire car would be stopped after the payout was made.

Quinn would have closed the claim, when you claimed directly throught the third party insurer via the AMC.
Why would you get paid out for the vehicle when it was your dad's vehicle. Quinn would not pay out on the cliam if you had claimed directly through the third party insurer. Surely the claim would be your dad's claim via your third party extension, not your claim?

Did you or your passenger have a personal injury claim? Who is the third party insurer?

They gave me (my dad) hire car for 3 months as they thought i'd win the claim, we just took the hire car and no questions asked. They are not chasing me for the hire charges so im not bothered with that.

What is the AMC?

Why would Quinn close the claim?

Yeah my dad would get paid out not me, but as i had an accident with my dads car i had to pay him for the repairs, so if any money came from the claim he would give some to me to reimburse me.

Me and my passenger both had a injury claim but nothing has happened as Quinn has told 3rd party that i was uninsured.

ioscorpio

AMC = Accident Management Company or some call them a CMC = Claims Management Company.

The hire car company will want paying, so if the third party insurer does not settle the claim in your favour, then the hire car company will come after you for the payment, you or your father will have had to sign for the hire car and you would have signed an agreement with the AMC to handle the personal injury claim.

Have you not been back to the AMC to ask why they are not negotiating on your behalf with your own insurer and the third party insurer? I would check with the AMC to see if the hire car charges have been paid and if so by whom? Normally the hire car company would send the bill to the AMC who would then send it to the 3rd party insurer for payment.

Quinn's whole ethos is to settle claims as quickly as possible, whether they are fault or non-fault claims, so when you told them that the 3rd party had admitted liability and you was using the services of an AMC to handle the claim, they would have closed the claim. You will have been assigned a local Regional Claims Manager, who will have contacted you at the time of the claim, do you still have their details, as you could ask them to liaise with Quinn's claims dept.

Have you not contacted the 3rd party insurer yourself, regarding the third party extension, proving you were insured.

ioscorpio

OP
How did you get on in court?

Wig

MrLizard wrote: »

Please feel free to correct me if im, wrong,

Ok

but from my understanding, the car has No policy held on it and its in the fathers name!

Correct

So when not being driven an offence has occured namly with the owner of the vehicle failing to insure it.

Pursuant to Section 143 of the 1988 Road Traffic Act, any person who uses, causes or permits a person to use a vehicle on the road, must have an insurance policy in place. Parking a vehicle on the road falls within the category of "uses".

The vehicle was being driven at the time of the accident therefore no offence was commited.

So its all down to the wording in the third party insurance documents. I've checked mine and it does state about the other vehicle having to be insured.

Yes, that's fine, but the OPs policy says no such thing.

But has the point been raised about the offence committed by the father. Allowing the vehicle to be on the road!

No offence was committed, the OP i.e. "the person" in the bit of law you quoted was insured under his own policy so no offence was committed.

Im very interested to see what happens here.

Hopefully we'll get a full update when the thing has been settled.

Wig

ioscorpio wrote: »

OP
How did you get on in court?

AIUI he hasn't been to court, he had to submit a defence by December 10th.

How did that go OP?

poor_student1234

Yeah ive submitted my defence which included the witness statements to the court, mib and 3rd party solicitors.

Also got an update from Quinn Direct saying that they've received my complaint and they aim to deal with it within 4 weeks.

Just got to wait and see what happens now.

poor_student1234

Well got a letter from Quinn Direct and im not happy with the response at all. Dont know what to do next, will be forwarding the letter to the ombudsman but thats about it.

'Your claim was declined by Quinn Insurance as the vehicle you insured was not owned by you at policy inception or at the time of the accident and as such you failed in your obligation to discose all material facts. As you did not own this vehicle at policy inception or at the time of the incident the Policy was null and void in its entirety.

Your claim was referre to the Motor Insurers Bureau under the Uninsured Drivers Agreement and they have taken control of the claim and are currently defending this on your behalf.


Basically just becuase my name was not on the logbook of the car i was insured on they are not taking my claim on, i dont get that at all. Im sure it says on the newer logbooks that 'registered keeper is not the owner of the car'

Any help???????????????? becuase i reckon theyve shot themselves in the foot here

dacouch

It sounds like you have not given us the full details.

Why was your name not on the log book ?

Did you buy the car and if so do you have a receipt / finance for it in your name?

poor_student1234

Yes i have a reciept for it in my name, i bought the car from a family member and just forgot to register the car. My insurance was the only insurance in force on the car. It was my car full stop. What can i do