Swinton/Aviva Dialemma

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An individual (fictitious name Bob) in the village had a car accident where he pulled out at a junction, hit an oncoming car, which then hit my sons car and then hit my garden wall. Bob's insurance called, spoke to my son, said they would call us and arrange someone to come out and look at our garden wall. We spoke to our insurers to who said someone would visit to inspect the damage. To cut a long story short, someone visited our property, they inspected the wall and despite several letters, we never heard anything further. We are patient people, but having not had the wall repaired in 18 months we decided to get a quote and send it to Bob.

Now Bob is approx 80+ so we went fairly gently with our letter. Having waited over two weeks, still no response.. So I popped to Bobs house, knocked on the door, discussed the claim, he suggested that I speak to Swinton. I spoke to Swinton, they wouldn't discuss when I would be settled, they suggested Bob had to speak to them and if necessary I'd have to formalise things against Bob.

So, I popped back to Bob in hope he would do the reasonable thing, well he was quite aggressive and said he wanted nothing more to do with any claim, as far as he is concerned the insurance is liable not him and it wasn't his fault.... I've given Bob two weeks to settle...

My question to everyone is; would you sue Bob for the 1k.


Ps. yes is did talk to my insurance company (Aviva) they said I'd (yes me not them) still have to ask Bob for the excess and my premiums would go up because I've claimed....

Quentin

Yes issue a MCOL against Bob. He will then pass on the case to his insurer to deal with, and hopefully this will concentrate their mind to pay up on receipt of the court papers rather than go all the way to a hearing.

InsideInsurance

Do you know who Bob's insurers are? (swinton are a broker) It may be worth approaching them rather.

Do you have legal expenses cover on your home insurance? It may cover making a claim against Bob - though Bob's insurers are the ones that would end up paying if Bob is found liable.

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InsideInsurance wrote: »

Do you know who Bob's insurers are? (swinton are a broker) It may be worth approaching them rather.

Do you have legal expenses cover on your home insurance? It may cover making a claim against Bob - though Bob's insurers are the ones that would end up paying if Bob is found liable.

Alliance are his insurers and no, i don't appear to have legal cover on my building insurance...

MoreOn

Quentin wrote: »

Yes issue a MCOL against Bob. He will then pass on the case to his insurer to deal with, and hopefully this will concentrate their mind to pay up on receipt of the court papers rather than go all the way to a hearing.

hopefully I'll not have to...