car insurance claim leaving financial hardship

rangiemad

Need help, 2.5 years into accident claim, other party's insurer accepts full liability, I can no longer work, not entitled to any benefits and no chance of further income. My insurance sols made huge delays, ignored important information when it was provided and now I am looking at defaulted cards, losing house etc in mean time while sols get their act together. Does anyone know what I can do whilst the sols sit comfortably doing very little on their lovely salaries, yet I can not do a thing. I am constantly told to mitigate my losses, but not told what the other party's insurance should do for me. Had a measly interim which hardly covered 1/5 of what I have spent let alone lost, can anyone point me in any direction.
CAB, MIND, SFA, STEPCHANGE all contacted to get same response, I don't fit any of their criteria.
If anyone has been in this position and can help, please do as I am going very grey with the stress

Quentin

Ask (demand!) your solicitor gets a further interim payment

OnanTheBarbarian

1- Make sure you keep in communication with your creditors like bank/building society etc so they know your position and that you are not just being delinquent and ignoring them.

2- Ask your solicitors why they are unable to procure a further interim payment at this stage duly explaining your serious financial situation.

3- Consider if it would be worthwhile instructing a different solicitor firm to handle your claim. Maybe a chat with a local firm you can visit will yield a better outcome going forwards rather than one of the factory firms the insurers pass their customers onto.

There will have to be some action taken soon as the solicitors will be needing to consider issuing court proceedings before the 3rd anniversary of the accident to protect your position.

MEM62

Sounds like to may have an incompetent solicitor. Ask for a reason for the delays and a time frame for progress. If you are not happy with the response make a formal complaint.

In your shoes I would have switched solicitors some time ago. Are you actually being represented by someone who is legally trained and qualified or some claims clerk masquerading as a solicitor?

alchemist.1

Are you not able to work because of the accident? Is this supported by the medical evidence?

rangiemad

Thank you to everyone who replied, all proactive suggestions.
I have already asked for a further interim payment, but given the answer that there is not yet enough evidence to put to the other solicitors to demand a further payment.

They are on the ball with the 3 year application to the court, and I think it is now a solicitor acting, rather than just a clerk, which was the initial appointment.

I am trying to gather info from the medical agency to support my complaint, also trying to put a case together re the car hire, as I only took this action on their advice (luckily have email evidence of this!), but now trying to claim back the cash, every obstacle is being put in my way, all under the umbrella of having to prove Mitigating my losses etc., but nobody there wants to let me know what their insurers should be doing to mitigate further damage to my situation!

I do wonder if the underwriter for my insurance is the same for the other parties insurer, as everything points towards the sols delaying as much as possible to make me fed up and accept an unrealistic settlement, so genuinely believe they can't be fully impartial in the case.

I will post later further comments/questions when I get chance to properly answer the posts you have all sent, I can't thank you enough at the moment, even that people have taken time out to respond.

Till later today, thanks. Watch this space as have found some interesting reading relating to this, but need to fully digest before further posts.

FutureGirl

Unfortunately the onus is on your to mitigate your losses and prove your claim - not the insurer. The things the insurer are asking you to provide are being asked because, if the insurer and your solicitor cannot come to an agreement, it will go to court, and without evidence a judge won't award it. So best to provide it now anyways.

For credit hire, the insurer will need to see evidence that you couldn't have afforded to rent a car yourself (so show then bank statements). The insurer will also look at when you went into hire, and when you received either your repaired vehicle back, or the cheque for the total loss.

The solicitors wouldn't want you to accept an unrealistic settlement. Especially if this case is not within the MOJ process, then the solicitors fees are based on your compensation. Even if the 2 insurers are with the same underwriter the claims will be dealt with by different people, usually in different locations. If we have 2 claims with the same insurer I deal with one in London, and someone in another office deals with the other., usually Birmingham or Glasgow office.

Where are you currently in your claim? Is the solicitor getting any further medical evidence? Are you 'waiting out' your injuries?

rangiemad

Thank you very much for your response, I must apologise for not being able to respond sooner, I didn't realise my broadband was being suspended until I could pay the outstanding amount and as most people enjoyed a happy easter, I have been crippled by anxiety, stress etc trapping me at home, too scared to leave the house unless with my wife.

I understand what you mean regarding the mitigation (limiting it), but what I was trying to say about the car hire was that after discussing the circumstances with both the insurer and the legal team dealing with this (having it corroborated and instructed to hire in an email from them) I hired a replacement vehicle from my wife's business (which she has evidence of this being her business from adverts back to 2005 and I can't think any judge would think that was trying to be deceitful), but I am now being told it was unreasonable to do so, despite needing the vehicle to tow with and emergency hospital appointments as I had nearly died just a few months prior to the accident and was still seriously ill at the time.

As for waiting out the claim, I don't understand what this is, as for not working, I continued to work as long as I could, becoming less reliable and far slower until I had reached the limit where I just could not take the pain and lack of sleep any more. Hence I have not had any earnings since mid 2016.

It has now been over 6 moths since I wrote to them explaining my circumstances, but they keep passing it around not answering any of my questions and trying to cover up their mistakes and tardiness.

Unfortunately, my creditors do not accept this and having defaulted, it will only be months before collectors come knocking.

If there is anything you could suggest I am more than happy to try anything.
Kindest regards

Also, I now they have not any qualified/experienced solicitors in Mental health issues, is this something they should address just as I wouldn't employ an electrician to replace my roof, they both work in houses but totally different skills, if you see where i am coming from.

FutureGirl

Who and why are they saying it was unreasonable for you to hire a vehicle? Did you hire it on a credit hire basis?

From your OP I see you didn't need a hire vehicle for work. Do you have another car in the house? As you 'hired' a vehicle from your wife's company, couldn't she have just lent you a vehicle instead of making you formal hire one? (these are likely the arguments the insurer is putting towards your solicitor).

Did you not claim for your vehicle damage on your own policy, or was it a TPFT policy?

I see your solicitor is currently issuing protective proceedings for the 3 year limit. What is happening with your claim? Are you obtaining further medical evidence, or has the solicitor obtained all of this now? You will need to speak with your solicitor (the one you said your file just got passed to) to provide you with an update, and what happens next in terms of your claim.

alchemist.1

Hiring a car from your wife's business? Dont tell me she is a sole trader. Any judge would be thinking what kind of wife charges her husband to let her borrow the company car.

rangiemad

Thank you for such a quick reply.

I had major issues with a previous accident 4 years earlier being told I had hired a luxury car through the other parties insurance, (My Range Rover written off through no fault, they hired me a Range rover, then tried to say I upgraded the hire car!). This didn't have tow bar and caused major issues of loss of business.

So after explaining everything with my insurers, and instructed legal team, they advised I hire through my own pocket and claim back as it was impossible to hire anything with a tow bar, which was needed for work to tow very large trailer with materials and tools to and from jobs, and was yet again straight replacement type of car. My wife could not just lend me this as it was here business asset, and she lost a lot of other work due to me requiring the vehicle, which I know I can not claim for as it is her business accounts. Hence I hired it from her until the insurers finally agreed full settlement.

Also due to VAT issues it was hired for periods no longer than 9 days at a time, as anything over this would have meant I couldn't claim the VAT back. Something she has always done as part of her business.

As this is her business asset and her income depends on it, there was no possibility of her being able to lend it to me as she would not be able to carry out her business without it and consequently losing all her income. If that argument is going to be used, does every person married to a solicitor have to have them represent them for free, despite losing their income from the time involved, as that is their business asset, and I am sure there would be uproar in legal circles contesting this.

There was no there vehicle available to me any other way.

My written off car was claimed for from the other parties insurance, who have accepted full liability for the incident, yet I had to go to the ombudsman who ruled in my favour, that my insurers were initially undervaluing the vehicle drastically, despite reams of evidence I provided them and the ombudsman, hence it took so long for the settlement to be agreed and need for replacement vehicle until I could buy a replacement. The written off vehicle was (and still is ) on my drive, having no recovery costs, storage costs etc claimed for.

Yes they are serving 3 years at a different court to my local one due to conflict of interests, but they have taken so long to arrange psychiatrist reports, despite being told at the very beginning there is no PTSD treatment in my NHS area through my doctor, that this could only be dealt with privately, and that the longer it is not dealt with only compounds the issues to the state I am in today.


They are apparently seeking further medical evidence, but this was agreed in a meeting in February, yet they still haven't fixed appointments some 3 months later. Overtime I send a request for information they just send back scripted replies with no answers telling me to wait.

I did read in their contract that once accepted by the insurance it is my right to use any solicitor of my choice, but they don't explain if that can be done with the usual £100,000 legal cover from the insurers, or if I would have to pay myself or lose a big % to the solicitors at settlement.

Kindest regards