Solicitor advice

Chantilou89

Hi,

I was involved in a non-fault accident and my claim has now been settled by the insurer minus my excess. I have been told I can claim the cost of this plus any injuries back from the 3rd party (foreign vehicle) using a solicitor.

I did not originally pay for the legal 'add on' as part of my car insurance, therefore the car insurance solicitors are doing my claim on no win no fee.

I sent all the paperwork off to them in mid November which they have confirmed they have received and put on to my file. My problem is that since then nothing has moved forward.

I have given them green card information, name and address of 3rd party UK insurance representative, however to this date I have still not been appointed a solicitor to deal with the case and they have not submitted anything to the third party.

Haven't heard many good reviews on them since signing the paperwork as others have had the same issue with hearing nothing, however it has been over 2 months and I have not been appointed a solicitor at all. No one replies to call back or emails, I have to contact them and just get given some excuse about 'problems with the system' and it will be done 'soon' but cannot provide me with an indication of when.

Any advice?

Spicy_McHaggis

How bad were your injuries and have you fully recovered?

You can either find your own solicitor or used the one of many who'll be calling you soon as a result of your collision.

Chantilou89

Hi Spicy,

I had concussion and whiplash, however I still get migranes and sensitive to light/noise 3 months on. It's not pleasant.

Although I've signed paperwork is it likely I will get charged? They have not completed any work as of yet and there's no mention of a termination fee in the paperwork although I'm wary.

Funny you should mention about the people contacting you, it did happen at the time from someone posing as my insurance company, however upon signing their paperwork at least they actually were contactable and moved forward with things. They did not however contact my insurance company like they were supposed to and I ended up quitting that contract as they were lying about being the insurance company.

Just a bit fed up with the whole thing. At the end of the day I just want my £200 excess back and would rather not use a solicitor. Just adding more stress to things.

Chantilou89

Does anyone else have some ideas on how I can move forward with this?

arcon5

Write them a letter recorded delivery telling them if they are unable to fulfil their obligations you will consider them to have disengaged themselves from the assignment and will use the services of a different company.

May or may not get their finger out

arcon5

Chantilou89 wrote: »

Hi,

I was involved in a non-fault accident and my claim has now been settled by the insurer minus my excess. I have been told I can claim the cost of this plus any injuries back from the 3rd party (foreign vehicle) using a solicitor.

I did not originally pay for the legal 'add on' as part of my car insurance, therefore the car insurance solicitors are doing my claim on no win no fee.

I sent all the paperwork off to them in mid November which they have confirmed they have received and put on to my file. My problem is that since then nothing has moved forward.

I have given them green card information, name and address of 3rd party UK insurance representative, however to this date I have still not been appointed a solicitor to deal with the case and they have not submitted anything to the third party.

Haven't heard many good reviews on them since signing the paperwork as others have had the same issue with hearing nothing, however it has been over 2 months and I have not been appointed a solicitor at all. No one replies to call back or emails, I have to contact them and just get given some excuse about 'problems with the system' and it will be done 'soon' but cannot provide me with an indication of when.

Any advice?

Excess isn't payable for third party claims.
Only if you claim for your car from your insurer. So if the TP insurer admitted liability and paid costs to your insurer this should have been returned.

If it hasn't then check with your insurer who paid all of this claim

Chantilou89

arcon5 wrote: »

Excess isn't payable for third party claims.
Only if you claim for your car from your insurer. So if the TP insurer admitted liability and paid costs to your insurer this should have been returned.

If it hasn't then check with your insurer who paid all of this claim

The claim was paid out within 3 weeks as the guy admitted liability and I had about 5 witnesses so it was pretty straight forward.

The insurance company wrote off the car and therefore paid out a cheque minus the excess, to which they said that as it was not my fault I can claim this back from the 3rd party if I used a solicitor.

I work in insurance myself so I know how excesses work, however what I am not familiar with are solicitors and legal bits and pieces.

Just need to be appointed a solicitor and for them to get on with things. :-(

Spicy_McHaggis

Chantilou89 wrote: »

The claim was paid out within 3 weeks as the guy admitted liability and I had about 5 witnesses so it was pretty straight forward.

The insurance company wrote off the car and therefore paid out a cheque minus the excess, to which they said that as it was not my fault I can claim this back from the 3rd party if I used a solicitor.

I work in insurance myself so I know how excesses work, however what I am not familiar with are solicitors and legal bits and pieces.

Just need to be appointed a solicitor and for them to get on with things. :-(

That wrong, if the third party is to blame they paid for your damage therefore no excess payable by you.

OnanTheBarbarian

arcon5 wrote: »

Excess isn't payable for third party claims.
Only if you claim for your car from your insurer. So if the TP insurer admitted liability and paid costs to your insurer this should have been returned.

If it hasn't then check with your insurer who paid all of this claim

it is a claim against a foreign third party, so although it will have started out trying to claim directly against the tp, but with the usual hassles of foreign insurers the claim will have been redirected to the claimant's own fully comp cover to deal, which is why the excess will have been incurred.

arcon5

Agree with above. If the TP insurer paid out for repairs there is no excess payable.
You would either make a claim on your insurance paying the excess, the TP then reimburse the insurer for all their costs, net result being no claim on your insurers therefore no excess payable.
Or the TP would have dealt with the claim, thus your insurer have no part in this and certainly can't ask for the excess.

They've screwed you over. You need to get back on to them and insist they return the excess paid as no claim was made on your policy. If they refuse i'd firstly consider taking legal action.

As for the compo claim, sounds like you used one of these sleezy claims management companies.Write giving them an opportunity to fulfill their engagement before going elsewhere. Keep proof you tried to resolve your complain with them (including logs of phone calls made) in case they try to hold you to the agreement, then seek a local solicitor who will do it on a conditional fee basis

arcon5

OnanTheBarbarian wrote: »

it is a claim against a foreign third party, so although it will have started out trying to claim directly against the tp, but with the usual hassles of foreign insurers the claim will have been redirected to the claimant's own fully comp cover to deal, which is why the excess will have been incurred.

If that's the case, then op has not made a claim against a third party - so the TP are unlikely to pay out on a PI claim if they haven't paid out for the car.

Clarity is needed op