Is legal cover on insurance policy of any value?

Jo-Ann_3

Just looking for some quick advice regarding a minor car accident. The main thing no-one was injured but I’m unhappy with the way the insurance company has dealt with the claim. A car drove into the side of mine at a very minimal speed and did no damage to my car. I won’t give full details but I don’t believe it was my fault.

However, the insurance company went ahead and accepted I was liable (even though I asked them not to) paying out £900 which affects my no claims bonus.

As I have legal cover as part of the policy I thought I’d invoke that, but was told if I went to court and didn’t win outright I’d be liable for all their costs. Isn’t that rendering my legal cover worthless as I could hire my own solicitor who would work on those terms for free?

There is no way the third party had £900 damage to their car as the impact speed was so minimal and the car was probably worth less than that anyway so I suspect at least part of their claim was suspicious. Can I follow this up at all?

I suspect that I can’t do anything about any of this and will just have to ‘suck air’ but thought I’d ask on the off chance. Reading my note again - I'm expecting too much of the insurance comapny aren't I?

Thanks

squeaky

Hi Jo-Ann,

We have an Insurance board which covers motor insurance too - so I'll move the post across for their gurus to help you out with it.

Good luck

Forum_Team wrote:

MOVING THREADS FOR BETTER RESPONSES

Hi, Martin’s asked me to post this in these circumstances: I’ve asked Board Guides to move threads if they’ll receive a better response elsewhere (please see this rule) so this post/thread has been moved to another board, where it should get more replies. If you have any questions about this policy please email [EMAIL='forumteam@moneysavingexpert.com']forumteam@moneysavingexpert.com[/EMAIL].

.

lisyloo

There is no way the third party had £900 damage to their car

Sorry but there is no way you can know this.
Firstly even small bumps can damage items like catalytic converters.
Secondly if you have to repaint properly then you have to do the entire panel.
This involves removal, masking other areas, preparing for painting (sanding), mixing the exact colour match, painting, using the oven (fixed cost), attaching part and removing masking.
This is often quite a bit more expensive than people think, even a small area can be a few hundred quid if done properly.
Then there's a hire/courtesy car as well.

Do you have evidence - CCTV, witnesses?

If not then my advice would be to go no further than a formal complaint.
You can complain for free through the insurers formal complaints process.
You can then take the complaint to the ombusdman which will cost the insurer about £500.
This will cost you nothing.

I would personally not commit my money to an argument without an evidence, witness or CCTV.

wealdroam

Jo-Ann wrote: »

As I have legal cover as part of the policy I thought I’d invoke that, but was told if I went to court and didn’t win outright I’d be liable for all their costs. Isn’t that rendering my legal cover worthless as I could hire my own solicitor who would work on those terms for free?

Are you sure that you can hire you own solicitor for this case on a no win no fee basis?
They only do no win no fee when they are certain to win.
This is not one of those cases.

Jo-Ann wrote: »

...I'm expecting too much of the insurance comapny aren't I?

Yes.

catfish50

Jo-Ann wrote: »

As I have legal cover as part of the policy I thought I’d invoke that, but was told if I went to court and didn’t win outright I’d be liable for all their costs. Isn’t that rendering my legal cover worthless as I could hire my own solicitor who would work on those terms for free?

I have legal cover as part of my contents policy. They resolved a problem for me. I had to apply for their help, it doesn't come automatically. The application was approved, but it didn't go to court. They didn't even deal with the company I was claiming against, they just paid me what I was claiming. They said it was cheaper that way. It was a bit frustrating but at least I got the settlement.

lisyloo

You cannot generally lose your legal cover to sue an insurer.
Although it's not clear to me who you are looking to take action against.

Quentin

Jo-Ann wrote: »

As I have legal cover as part of the policy I thought I’d invoke that, but was told if I went to court and didn’t win outright I’d be liable for all their costs. Isn’t that rendering my legal cover worthless as I could hire my own solicitor who would work on those terms for free?

You contradict yourself (or misunderstand) when you say you could "hire" your solicitor who would then work for you "free".

Your insurance company will only let you use their "legal cover" if they are advised you have areasonable chance of winning whatever it is you are wanting to claim off a third party. In your case they clearly don't think you have a good case.

You can go and "hire" your own solicitor, but once hired, how would he be working for "free"?

(No win no fee solicitors generally take you on only when they consider you will win, when their fees are then paid by the loser)

vaio

Think you are misunderstanding and she means that if she was liable for costs if she lost then she could do that with any solicitor for free (free meaning without paying the premium for legal cover)

Jo-Ann_3

vaio wrote: »

Think you are misunderstanding and she means that if she was liable for costs if she lost then she could do that with any solicitor for free (free meaning without paying the premium for legal cover)

Thats what I meant, I'd just worded my original email poorly. Thanks for clarifying Vaio.

alistair.long

Hi legal expense insurance will evalute the problem and will see if they still want to indemify you.

e.g if I have a crash and I say its the other persons fault, they will cover me, however as soon as they find out it was my fault, or interpret it as the other person will win they may stop giving legal expense.

A simple way to see if the case will win is to ask a no win no fee solicitor, if you notify them of the fact you have legal expense then they will call the legal expense if they think you can win, and represent you.

Quentin

alistair.long wrote: »

A simple way to see if the case will win is to ask a no win no fee solicitor, if you notify them of the fact you have legal expense then they will call the legal expense if they think you can win, and represent you.

Seems a pointless exercise.

Why not just go straight to a no win no fee solicitor without paying the expense of the "legal expense" add on?

Neither a nwnf solicitor nor insurance "legal expense" will take on your case unless they think you are likely to win.