Going court need help

esmerobbo

In your letter it says "you carried out an assessment of MY car. Change it to the vehicle I was driving or my fathers car!

Add to the letter asking them to confirm if they refuse to act for you that you wish them to confirm that this is their final decision. You will need that confirming before you can go to the ombudsman.

poor_student1234

Lum wrote: »

Remove your policy number from the version of this letter posted on this forum you muppet.

You don't want to make their lives any easier by making this thread easier to find.

Also the like to quinn's website seems to be mangled, however I would suggest rather than saying "can be viewed at .blahblah" say "I have encolsed a copy of your website for your reference". Keep a few copies at home for when they change it too.

lol. Thats not my policy number.

Thanks for the responses ill be waiting for a response from dacouch then hopefully sending the letter off today.

poor_student1234

Ive just spoken to someone at Quinn Direct and theyve told me to sent them a copy of the claim form i received in the post about going to court and they'll review it and get back to me. So should i still make the complaint or send the claim form and wait till they get back to me.

dacouch

OFFICIAL COMPLAINT TO BE TREATED WITH URGENCY

Dear Sirs,

Accident Date : 19/06/1009
Policy Number : GED10901091
Claim Ref : HJJHJJ

I reported an accident I was involved in and you initially dealt with the accident, you subsequently denied the claim on the basis that I was utilising the driving other cars extension and the car I was driving did not hold it's own Insurance.

I have looked into this matter and also sought advice from others, my Certificate of Insurance which as you are no doubt is a legal document and must comply with the Road Traffic Act confirms that I'm covered to drive any vehicle not belonging to me. It makes no mention that the other vehicle must hold it's own Insurance. This on it's own would mean that you are obliged under the provisions of the Road Traffic Act to deal with the third party claim.

The policy document itself under Section 2 "Liability to others" and more specifically under the subsection "Driving Other Cars" does not specifically state that the other car being driven under this extension must hold it's own Insurance. Under contract law, the contract (Policy) must state an exclusion if you wish to use it. As you do not state that the vehicle must hold it's own insurance. As such you should be aware that you cannot deny my claim on this basis. It should also be noted that some Insurers do specifically state that the other vehicle must hold it's own insurance, they do this to ensure clarity and for it to be enforcable.

As you are aware from my previous communications, the other party are taking me to court for damages.

I hereby advise you that should they take me to court, I will hold you fully liable for any costs and any reasonable consequential costs incurred. By not providing the cover that I'm clearly entitled to under the policy cover there are the potential for Quinn Insurance of extra costs as obviously I'm not able to defend the claim in the same way a company of your size and experience can.

You will not from your records that I and the police have contacted Quinn on a number of occasions to confirm I was covered to drive the vehicle involved in the accident when I have been stopped by the police whilst driving it. It is my intention should you continue to not meet your obligations under the policy cover to request a copy of my entire file including call records / transcripts which will no doubt confirm these calls.

I have been in contact with the Insurance Ombudsman, who have already initiated a claim which you are no doubt aware will incur unrecoverable costs to you should the Ombudsman proceed with the claim. They have also advised me that there is the possibility of them also awarding me additional damages awards against you should they feel you have not acted appropriately.

A photocopy of my Certificate of Insurance along with a photocopy of pages 8 and 9 of your policy are also enclosed.

Due to the imminent court case, it is in your own interests to treat this letter with extreme urgency.

I await your urgent advices

Yours faithfully

Poorstudent

dacouch

I would not worry about Quinn looking at this page as if anything it will help your page as they will see the advice you have seen and that their arguement does not hold water

JimmyTheWig

Just a couple of copyedits...

dacouch wrote: »

I have looked into this matter and also sought advice from others, my Certificate of Insurance which as you are no doubt is a legal document and must comply with the Road Traffic Act confirms that I'm covered to drive any vehicle not belonging to me. It makes no mention that the other vehicle must hold it's own Insurance. This on it's own would mean that you are obliged under the provisions of the Road Traffic Act to deal with the third party claim.

"as you are no doubt aware" - the word "aware" is missing.
"on its own" rather than "on it's own" - no apostraphe here.

You will not from your records that I and the police have contacted Quinn...

Should be "note" rather than "not".
I'd write "the police and I" or "I, and the police," rather than "I and the police" but am not convinced on this one.


HTH

Lum

poor_student1234 wrote: »

lol. Thats not my policy number.

Fair enough. I retract the muppet comment.

poor_student1234

I cannot thank you enough for your help. Now it is just the case of waiting for Quinn to reply.
Regarding the claim form i recieved in the post i have filled out the last part which says i am disputing the claim and have sent this back to the county court.
I doubt Quinn will be in contact before the 10th of December, therefore i need to start to make a defence as thats the deadline. Are there any templates available that i could use to help me.

Wig

Hammyman wrote: »

It is really simple. If the terms of your policy require a car driven under the third party extension to have insurance in its own right (pretty much most do nowadays to stop people getting one policy to cover several cars)

No, pretty much, most DON't have that policy exclusion

JQ.

I'm definately no legal expert but I'd go totally overboard - I doubt the other side will. Loads of photos. Google earth images. Detailed diagrams of the crash. You could even go for a bit of video from inside a car. Make their decription of the crash and that of their witness sound stupid. See if you can get your witness to confirm that no other witnesses were present at the crash. Get your witness to make a really clear statement. Try to prove their decription on the crash is nonsense.