Insurance Company Not Paying Up...

[Deleted User]

A guy drove a van into my wall on 9th October 2015, he initially stated that he would pay for repairs, he got quote after quote and told a few lies and suffice to say does not have the means to pay for the repair. I then contacted his insurance company and they started the process for me to claim. I sent a quote over to the company that deals with claims and they had a surveyor come and inspect the damage. They asked me to provide a second quote, so I did and then I got a reply stating that they are no longer dealing with my claim as the driver has instructed them that he will pay for the damage. I know that he is unable to pay and I have contacted the insurance company again and all I get is that they have sent a letter and they are waiting for him to reply. Even if he does reply stating he will pay I know that it is not going to happen. Is this even allowed as I just want my wall fixed and seem to be going around in circles? Any guidance would be very much appreciated.

Retrogamer

Start small claims proceedings against the driver. He will forward the claim to his insurance company and they will pay you

OnanTheBarbarian

I agree, start small claims proceedings for the most expensive quote, if he ignores the proceedings or when you get judgment against him, send the judgment notice to his insurers and they then have to pay up in accordance with their obligations under Section 151 of the Road Traffic Act.

If you have legal cover with your home insurance, get them to appoint the lawyers to do this for you and then you won't have to spend on the court fees etc

[Deleted User]

OnanTheBarbarian wrote: »

I agree, start small claims proceedings for the most expensive quote, if he ignores the proceedings or when you get judgment against him, send the judgment notice to his insurers and they then have to pay up in accordance with their obligations under Section 151 of the Road Traffic Act.

If you have legal cover with your home insurance, get them to appoint the lawyers to do this for you and then you won't have to spend on the court fees etc

That seems like a very good plan thanks.

muppet610

If you have got impact cover to your own Buildings policy then you should be able to put a claim into your insurer.

It would then be down to them to make a recovery of their outlay from the other party I evolved in the incident.

It is no different than having Comprehensive cover under car insurance and the vehicle being involved in an accident. The insurer would put the vehicle right and THEN claim it back afterwards not wait for the other party/insurer to pay up.

I would speak to your insurer as this may be quicker than going through the small claims court and they will have more power to get a settlement from the other parties insurer. They may even be prepared to try to recover any excess that you will have to pay to claim off your own policy.

Nb. One final point. If you do speak to your own insurer, please be aware that the claim will be noted on the Claims and Underwriting Exchange so you will need to disclose it to any new insurer even if you choose not to pursue the claim.

magpiecottage

It is probably better to go through your insurer. If they arrange the repair for you then they are responsible for the quality and if it is defective you can take them to the Financial Ombudsman Service. If you arrange it yourself - or the driver's insurance company arranges it you will not (even if he is insured by the same company).

At the same time, you can pursue a claim against the driver for the excess and any other out of pocket cost - including any loss of no claims on your own house insurance etc.