Help needs - insurance/liability

ljrees83

Hi guys

I had an accident in October 2014. I was pulling into a corner and a car came on the other side of the road that took the corner too wide and shunted me a cross the road into a verge. My car was damaged on every panel on the right hand side, hers just on the front right.

She admitted liability at the scene, and we exchanged details.

I was signed off from work for 2 weeks with whiplash.

She's since denying liability, despite me getting an independent witness and the engineer reports saying the accident couldn't have been my fault due to the damage.

I'm still waiting for this to be settled by a solicitor allocated to me by the car repair company. Kwik fit have never written to me about the accident and said its closed off as s non fault claim, yet I am still awaiting reimbursement of approx £2.5k of expenses (physio for 9 months, car seat, excess, time off work)

I am fully comp insured and have legal cover.

Is there anything I can do? Should Kwik for be doing more? My solicitor has issued court proceedings against the other party.

JayCartwright

Who's policy did you claim off?

ljrees83

Mine. The car repairs were organised by Kwik fit but I've not had any assistance with any of the other costs.

JayCartwright

And you've claimed for your consequential loss?

ljrees83

Through my solicitors but it's still not been paid. They keep telling me that it's due to her denying liability, but if I'm fully comp shouldn't this be covered?

JayCartwright

ljrees83 wrote: »

Through my solicitors but it's still not been paid. They keep telling me that it's due to her denying liability, but if I'm fully comp shouldn't this be covered?

I think the issue lies with your solicitor and where they are attempting to recover the funds from. They will not be speaking to your insurance company other than to update them as to how your claim is progressing and whether they are still receiving funds to continue. They will be attempting to obtain payment from the third party. However saying that liability must have been admitted if you have a non fault claim.

Speak to your solicitor for the answers you seek.

ljrees83

Is it not something Kwik fit should be doing?

JayCartwright

ljrees83 wrote: »

Is it not something Kwik fit should be doing?

Such as?

It's going to court.

Aretnap

ljrees83 wrote: »

Through my solicitors but it's still not been paid. They keep telling me that it's due to her denying liability, but if I'm fully comp shouldn't this be covered?

No. Having comprehensive insurance just means that your insurer (Kwik Fit, I presume) will pay for accidental damage to your car, regardless of fault. It doesn't mean that they'll pay for your time off work, physio, damage to the car's contents etc. all of those things are uninsured losses which you have to claim for from he thirs party's insurers yourself. Kwik Fit have no role in that process, unless you have legal expenses cover in which case they'll pay for a solicitor to help you with the process. Basically it's your solicitor you need to be talking to - hassle them to hurry things up, if necessary by starting court proceedings against the third party, which ultimately is the only way to force the issue.

[Edit - I see you've already started court proceedings, in which case there's not much to be done except wait for the court date, or (preferably) wait for the third party's insurers to fold and pay up.]

dacouch

JayCartwright wrote: »

I think the issue lies with your solicitor and where they are attempting to recover the funds from. They will not be speaking to your insurance company other than to update them as to how your claim is progressing and whether they are still receiving funds to continue. They will be attempting to obtain payment from the third party. However saying that liability must have been admitted if you have a non fault claim.

Speak to your solicitor for the answers you seek.

I don't think Kwik Fit paid for the repairs, I think the repairs were done under a Credit Repair basis which the solicitor will attempt to recover with the injury claim.

It would be interesting to see if the OP had a (Credit Hire) "Courtesy" vehicle for the first two weeks after the accident

JayCartwright

dacouch wrote: »

I don't think Kwik Fit paid for the repairs, I think the repairs were done under a Credit Repair basis which the solicitor will attempt to recover with the injury claim.

It would be interesting to see if the OP had a (Credit Hire) "Courtesy" vehicle for the first two weeks after the accident

They probably didn't, but unless they have actually claimed their costs back why would it be closed as non fault?