Car insurance claim & solicitor fee worries

emma_spaghetti

Hi,

Wonder if you can help me - to cut a long story short, my car was written off a few weeks ago by a drive who was fiddling with his stereo and didn't see that I'd stopped. He hit me from behind and shunted me forward into the car in front which was very old, and may also be written off.

I'm currently going through the insurance claim and have been told my no claims won't be affected. My insurance company have offered me a price for my written-off car, with my policy excess deducted (£900!), and they have told me to speak to their solicitors with regards to claiming back my excess from the third party.

Today I got a letter from the solicitors, telling me a.) not to accept any settlements help or cash settlements for any claims, and that any incurring legal costs or expenses I will be primarily liable for, if not recovered from the third party, They said roughly this could equate to £2,000-£5,000! and b.) Not to accept any hire cars, as charges can be very difficult to recover from third party insurers.... bit late for that now, as I have already used a hire car for 3 weeks having been told I would not need to pay for it, and costs would be recovered from the third party!

They then go on to say they feel I have a good case here and the risk of going ahead should be fine, but that there can be no guarantee.


I'm just keen to find out anyone's thoughts, and whether I'm going the right way about this, or whether there's an easier way? I've never been involved in an incident before and I'm terrified that for whatever reason the charge comes back to me, and I am in no position to pay out that sort of money for solicitor's fees. The guy who hit me admitted liability there and then, then changed his mind apparently (not sure what was said, the lady I hit told me, as I happen to work with her) but has now gone back to admitting liability.

Anyone's advice on this would be greatly recommended.......

Thankyou!

atrixblue.-MFR-.

emma_spaghetti wrote: »

Hi,

Wonder if you can help me - to cut a long story short, my car was written off a few weeks ago by a drive who was fiddling with his stereo and didn't see that I'd stopped. He hit me from behind and shunted me forward into the car in front which was very old, and may also be written off.

I'm currently going through the insurance claim and have been told my no claims won't be affected. My insurance company have offered me a price for my written-off car, with my policy excess deducted (£900!), and they have told me to speak to their solicitors with regards to claiming back my excess from the third party.

Today I got a letter from the solicitors, telling me a.) not to accept any settlements help or cash settlements for any claims, and that any incurring legal costs or expenses I will be primarily liable for, if not recovered from the third party, They said roughly this could equate to £2,000-£5,000! and b.) Not to accept any hire cars, as charges can be very difficult to recover from third party insurers.... bit late for that now, as I have already used a hire car for 3 weeks having been told I would not need to pay for it, and costs would be recovered from the third party!

They then go on to say they feel I have a good case here and the risk of going ahead should be fine, but that there can be no guarantee.


I'm just keen to find out anyone's thoughts, and whether I'm going the right way about this, or whether there's an easier way? I've never been involved in an incident before and I'm terrified that for whatever reason the charge comes back to me, and I am in no position to pay out that sort of money for solicitor's fees. The guy who hit me admitted liability there and then, then changed his mind apparently (not sure what was said, the lady I hit told me, as I happen to work with her) but has now gone back to admitting liability.

Anyone's advice on this would be greatly recommended.......

Thankyou!

so you wasnt found at fault. so why are they deducting the excess? the excess should be taken from them not you.

how old is your vehicle what is is make model and how long you owned it. and have you accepted the £900?

emma_spaghetti

Hi,

Thanks for your response. I was told to file the claim through my insurance, so initially they deduct it from the settlement claim (the amount they'll give me for my written off car) and then the solicitors will aim to get it back for me from the third party, apparently...

The car was a 2007 Renault Megane, and I initially rejected their first settlement offer. They're working on a new settlement claim for the car (they originally offered 2700 with excess deducted), but say my policy excess of £900 will still be deducted from that amount whatever they offer...

sarahg1969

The excess will be deducted because she has made the claim from her own insurers. She'll need to claim that back from the third party insurers herself (or through her solicitors).

As for the other stuff, OP, don't worry. Your solicitor is telling you not to enter into any agreements with the other insurers, that's all.

emma_spaghetti

Thanks Sarah!

Is there no need to go through a solicitors to claim back my excess, then? I'm just very worried if they can't recover their legal costs and they end up coming back to me, even though they've said it'll be unlikely...:( I'd rather do it myself if I can.

In hindsight, I suppose it would have been better to file the claim through the third party's insurance, would it??

rev_henry

emma_spaghetti wrote: »

Thanks Sarah!

Is there no need to go through a solicitors to claim back my excess, then? I'm just very worried if they can't recover their legal costs and they end up coming back to me, even though they've said it'll be unlikely...:( I'd rather do it myself if I can.

In hindsight, I suppose it would have been better to file the claim through the third party's insurance, would it??

Yes probably, removes a middleman or two and the potential incompetence that comes with it. I'd just call up or write to the 3rd party insurance and ask them when they'll pay you your excess and settle the rest with your insurance.

dacouch

Are you claiming for injuies ?

emma_spaghetti

dacouch wrote: »

Are you claiming for injuies ?

Nope not at all, I just want my excess back..!

dacouch

I think they have sent you a standard letter which leans towards their fees where an injury is involved.

Who are you insured by and which legal cover is it

emma_spaghetti

dacouch wrote: »

I think they have sent you a standard letter which leans towards their fees where an injury is involved.

Who are you insured by and which legal cover is it

I'm insured with Hastings Direct, and they told me to call this solicitors in order to get my policy excess back. We spoke on the phone, and today I got this letter from them basically says they're acting on behalf of Hastings Direct and myself in connection with the recovery of uninsured losses from the accident. They say they've already sent a letter of Claim to the third party's insurers, stating why they're at fault for the accident and asking for their stance on liability - they say if he's admitted liability things could be sorted within a matter of weeks... I've already told them there was no injury so I believe it's just a case of them chasing up my excess.

dacouch

Getting the excess back from a clearly at fault claim is relatively easy assuming they have reported the claim and it's a reasonable insurer.

It's simply a case of sending a letter requesting the excess back with a copy of the receipt for the excess you paid. It sounds like the legal company have done this so hopefully it wont take long.

(You can send the letter yourself)