Non Fault Car Accident 3rd Party Insurance Not Paying

InsideInsurance

Quentin wrote: »

I quoted the court costs for a claim of £1000 as that is the amount the OP stated he was out of pocket over this.

If he claims in excess of £1000, then the costs will be greater.

A claim for £1000 will cost the OP £200, a claim of say £1000.01 will cost £30 more (£230)

Understand now?

The difference of £30 -v- £1,000+ isnt a particularly major consideration though it may be a case of wanting to massage the numbers.

That said, it is fairly unlikely to go to a hearing and so the issuing difference is only £10

Quentin

InsideInsurance wrote: »

The difference of £30 -v- £1,000+ isnt a particularly major consideration though it may be a case of wanting to massage the numbers.

That said, it is fairly unlikely to go to a hearing and so the issuing difference is only £10

I answered your question "why £1000". You then went on about the OP being able to claim £10,000 for some reason, even though his costs are set out above as £1000.

You now say unlikely to get to a hearing, but the costs I quoted are based on a hearing as clearly stated in the post. And as the other side have ignored his LBA he now is faced with either starting a claim or giving up!

(It isn't £30 v £1000+, but I think you know that. It's £200 for up to £1000 claim v £230 for up to a £1500 claim)

The costs go up at £1000.01, and rise to over £900 for a £10,000 hearing.

The OP faces a significant fee just to issue a summons (£60/70), and should be sure he will win before throwing more good money at this, bearing in mind the conflicting experts.

An initial consultation with a solicitor would hopefully be free.

The insurer looks to have called his bluff by ignoring the LBA.

InsideInsurance

Quentin wrote: »

I answered your question "why £1000". You then went on about the OP being able to claim £10,000 for some reason, even though his costs are set out above as £1000.

<snip>

The insurer looks to have called his bluff by ignoring the LBA.

Again, the difference of £10-£30 wouldnt be that material in my mind. I feared you had mistaken it to be triggering a Fast Track allocation which would be a very material difference in costs. If in your mind £10-£30 is a material consideration on how to act then we can just park the matter.

The TPI could be calling his bluff or may simply not even bothered processing his letter yet. Back in my claims days a LBA on a non-PI claim was not considered priority post and so would be put at the bottom of the stack when it's received. At times the backlog could be well over a month (and several months after particularly heavy winters).

LBAs to insurers are rarely that effective as they are heavily over used by other insurers, solicitors, credit hire companies etc and a large insurer probably receives a couple of hundred a week if not more.

Actual summons tend to be more effective, namely as they go to the insured and they are more susceptible to brown trouser moments and immediately chase their insurers and summons normally are considered priority mail even for non-PI claims.

redbughill

InsideInsurance wrote: »

Actual summons tend to be more effective, namely as they go to the insured and they are more susceptible to brown trouser moments and immediately chase their insurers and summons normally are considered priority mail even for non-PI claims.

Are you suggesting taking the insured to small claims & not his insurance co?

I would have thought his insurance co are liable as they have been dealing with the claim.

redbughill

InsideInsurance wrote: »

If you search on here you will see a post from yesterday where a person had a convertible that stopped working after an accident and it was shown to be caused by corrosion in the wiring loom which clearly isnt accident related

If only it was that simple, the power on my car shutdown due to the incident, normal feature on these cars i have been told, however from this one of its computers wouldnt respond.

If my car was not hit, the power cut or surge it casued wouldnt have upset one the computers.

The garage have said its odd but rare but can only be related, i guess i will have to ask for that in writing!

mcjordi

you would have to issue proceedings against the negligent driver not the insurance company.. they insurance company cover his negligence

Quentin

InsideInsurance wrote: »

If in your mind £10-£30 is a material consideration on how to act then we can just park the matter.

£30 is a significant increase on £200!

At least to most moneysavers.

If the third party is calling his bluff, then all that is left is to proceed, and that means cost!

I am suggesting avoiding wasting this (it will be wasted if the claim is thrown out), the OP should get proper legal advice on his chances of winning a claim via the court.

He should be a able to get an indication of this foc from a solicitor by way of the free initial interview.

This will at least give the OP an idea of his chances, and aid making the decision whether or not to throw more money at this.

Quentin

redbughill wrote: »

Are you suggesting taking the insured to small claims & not his insurance co?

I would have thought his insurance co are liable as they have been dealing with the claim.

No, the driver is the one liable, and you should issue court papers against the driver, if that's your decision. (You will waste your money if you issue against the insurer!)

(The driver will then pass on the summons to his insurer who will take over its defence, but in his name and on his behalf)

InsideInsurance

redbughill wrote: »

Are you suggesting taking the insured to small claims & not his insurance co?

I would have thought his insurance co are liable as they have been dealing with the claim.

You always take the at fault party to court but their insurers will be the ones that respond on their clients behalf.

The only time you'd take the insurer themselves to court would be if you allege they themselves caused you damages (eg defective repairs). In this case the argument is over if something is accident related or not in which case its the driver.