Roofing co. damaged my car - Insurance won't pay

Bigg_2

Hi there

I wonder if anyone has any idea how I sort this! I have tried Citizens advice and the financial ombudsman, neither of whom can help.

• A roofing company working on my neighbours property dropped a stone on my car which was in my driveway at the time
• They admitted liability and agreed with their insurers the claim can be settled
• So I went ahead and booked the car to be fixed after getting permission from their insurance co
• The insurer said they would pay, but then suddenly backed out saying that as the excess on the policy was £2000, then the roofing co would have to pay me directly
• After various failed promises I have not received payment from the roofing co. and have had to pay for the work myself
• The roofing company are not responding to me and their insurance co. say they can't do any more

The bodyshop say that excess shouldn't matter, the insurers have agreed to pay and they should pay for the damage and seek the excess from the roofing co themselves?

I am not sure whether this is true or whether there is a legal rule that I can inform the insurance co to make them pay?

Thanks very much

molerat

Either claim through your insurance or issue a letter before action to the roofing co.

paddyandstumpy

If the value of the claim is below the excess then you have to pay.
When you signed up to the policy you should have gone into it eyes wide open that a £2000 excess means you are liable for that amount, the insurer will pay anything over that.

In the event of a non fault accident the excess is still payable, just recovered from the third party, unless you claim from the third party directly.

Bigg_2

Hi Paddyandstumpy, thanks for your reply

Its not my insurance policy, I am the third party!

It is a builder who damaged my cars insurance policy - the question is if his insurance co initially said they would pay, then realised its less than his excess and he won't pay me.... is the insurer liable to pay me then claim their excess back from their customer?

takman

paddyandstumpy wrote: »

If the value of the claim is below the excess then you have to pay.
When you signed up to the policy you should have gone into it eyes wide open that a £2000 excess means you are liable for that amount, the insurer will pay anything over that.

In the event of a non fault accident the excess is still payable, just recovered from the third party, unless you claim from the third party directly.

It's a shame you didn't take your own advice and made sure you had your "eyes wide open" when reading this thread!

mattk_180

By their insurance I assume you mean their Public Liability, in which case the excess does come into play and the insurer is not liable to pay if the damage is less than that.


You therefore need to claim directly from the company which you can do by one of the options already given to you - issue a letter before action and then go through small claims court if there is still no reply, or claim through your own insurance and let your insurance company try and recoup the money from the building company instead (although your insurance and NCB will be affected until your insurance company has made a full recovery).