car accident, now gone to soliciters

gordikin

alistair.long wrote: »

thanks for answering a lot of the questions. The reason why whiplash was assumed is because most insurance companies will deal with the claim and will not forward it to Solicitors as solicitors dont take a case for £300 damage as they can only recover £80 solicitor fees, not worth the effort.
I therefore believe your insurance are dealing (claim handling company) with it and not solicitors, correct me if Im wrong.

As the accident happened while you were stationary in traffic. Pictures will help to prove you case.

Have you got 2 estimates and also price from autotrader to the other party.

It seems that you are just another number and you have a case from what you have stated, however what you will notice is that if you donot have a solicitor the case will not go any furthur soon.
What you may have to do is talk to the claim handling company to pursue the claim, they will then do what they can, eventually (after 4-6 months max) tell them to issue court proceedings.
They may say no so you will have to tell your insurance to use legal expence insurance, and then also urge them to issue a claim.

The cost of issuing a claim yourself is not much, for upto £500 its £50, upto £300 its £30. You should also pay a independant engineer £50-150 for a detailed report.
You can then claim £9.25 an hour limited to £48.

the good thing is that if you loose you pay £80 to the other party solicitor and you lost all your costs.
The bad thing is if you loose (judges make some crazy decisions), if they have a counter claim your insurance will have to deal with it.

....what planet are you on?!!!

dacouch

naz101 wrote: »

ahh thank you Dacouch for clearing up something that I have been asking for a few months.

the reason I went with elephant this time is they were actually decent when I wrote off my car 3 years ago. This time I pulled out of a junction and hit a speeding car but as I was in the wrong it was my fault. It did take 4 weeks for them to confirm my car was a writ eoff and send me out an acceptable amount..although it was an nccrease of £3500 from their initial amount

The thing is I had just renewed my insurance but they refunded me the whole amount minus 1 month and it was all sorted in the space of 5 weeks.

Even when the guy in the other car came back 8 months later an sent me a bill for health stuff, elephant told me to fax it over to them and they dealt with everything...

I am really really hoping that albany follow this example and get it sorted....
Im the type of person who worries about everything and this isnt helping....

If you have a brand new car, the majority of Insurers will replace the car / give you the value of a brand new car if it is written off in the first year of ownership from new. (Some allow 2 years). However Admiral and probably (Elephant I have not read their policy but suspect it's the same) do not so they just pay you the used value of the car which could be many many thousands less. So if you own a car that is brand new, it's worth not insuring it with an Admiral company for the first year of ownership.

Cancelling a policy and giving a refund when there is a claim is highly unusual and I suspect someone made a mistake.

The dealing with the other drivers medical claim months after an accident is what you pay your premium for and is how an Insurer should operate

naz101

WOW i didnt realise that about a new car thing! really really lucky that didnt happen to me then.... it was in the beginning of my 3rd year.

I kind of suspect someone made a mistake about the refund too but Im not complaining! that was a nice £300 back in my pocket!

i would expect them to deal with the accident bit but I just had a fear after what people were saying and the fact that they took it straight off me was nice as I received the court summons 1 day before my end of year exams!!:(

magpiecottage

alistair.long wrote: »

You MUST NOT leave your vehicle or trailer in a dangerous position or where it causes any unnecessary obstruction of the road.

[Laws RTA 1988, sect 22 & CUR reg 103]

You cannot LEAVE your car and remain in it!

Law of common sense!