Car Insurance Claim - Bank Interest

Blackberry_Farm

Hi guys,

I had a serious car accident 3 and a half years ago.
Accident wasn't my fault and should have been sorted ages ago !

Sadly still not a penny from the insurance company !!!!

I am self employed farmer and as a result of the crash I have had to get an overdraft on the farm ( which we have never had ) because I have had to pay other people to to works and repairs I used to do myself !

Can I claim back the Overdraft Arrangement fees and interest this has caused me over the past 3 & 1/2 years as it amounts to almost £4,000 !

Thanks to ESURE dragging their heals I am almost BUST !
How they expect a self employed person to survive after a crash like mine I do not know !

Can anyone advise please ?

Cheers,

Dons

dacouch

Is it compensation for an injury you're waiting for or damage or damage to your vehicle

Blackberry_Farm

Car was written off,, it's Injury and loss of earnings etc..

Quentin

Assuming there is no dispute over liability, then ask your solicitor to get you an interim payment from the other side.

Blackberry_Farm

No dispute on liability, should be straight forward. My solicitor tried to get interim payments, but they wont as they want more and more medical reports. ?!?!?!?!?

I'm having a nervous breakdown due to all this and they don't give a !!!! !

Quentin

Push your solicitor again over this.

Blackberry_Farm

What about the bank interest and overdraft charges though ?
Am I entitled to claim them back ?

Quentin

You need to discuss this with your solicitor, normally these will be part of the many different heads he will be claiming damages for.

The loan will need to have been necessary as a result of the injuries for the claim to be successful, of course.

Blackberry_Farm

The loan WAS necessary as a result of the crash as we needed it to pay for repairs and contractors as I was incapacitated and not able to do other works to earn money.

My solicotor says NO interest and arrangement fees are not claimable ! But my siolicitor just seems to be as slow as the insurance company and only interested in hi fee !

I would have thought that if the Overdraft was a direct result of the crash then it should be claimed !?

barr182

Make your solicitor work. Tell him to chase up these people, tell him you will ring him every afternoon for an update.Any emails or letters hes sent/received regarding the case, ask to be forwarded to yourself. Hopfully some pressure on him will help speed things up a little

Quentin

Blackberry_Farm wrote: »

....My solicotor says NO interest and arrangement fees are not claimable....

If the loan was as as a result of your reduced income following your injury, and this can be confirmed (eg by a doctor's report confirming you were unfit for work), then challenge your solicitor over why he says this.