Car Insurance Excess

Hasbeen

Apologies if posting in wrong place, please move if wrong.

Was talking to close relative last night who was telling me he was considering an LBA letter to an individual "Scotish legal system?"

Quick version, he parked in carpark no cctv. He came back to find another car had rolled out of its parking bay ran for 20m down hill and hit his front, destroying front bumper, Pass wing and full light cluster.

He took pictures of all especially the one where the other cars handbrake was not applied.

Other driver came back and immediately reversed back into original space then proceeded to deny all.

My relatives car was repaired under his motor traders policy, but they are unable to claim back his excess of £500 as other driver is denying blame.

My question is can he actually do LBA in these circumstances and if so what is required if this goes to small claims court?

Thank You for any helpful comments/advice!

Car_54

Has he contacted the TP's insurer? Has he shown them the pics proving the handbrake wasn't applied?

Hasbeen

Car_54 wrote: »

Has he contacted the TP's insurer? Has he shown them the pics proving the handbrake wasn't applied?

No he has not, not even sure if he knows who the TP's is he has been relying on his own ins but unfortunately does not have legal cover?

jk0

Is your friend in the AA or RAC? They might be able to help.

Hasbeen

jk0 wrote: »

Is your friend in the AA or RAC? They might be able to help.

No, he runs a part time vehicle recovery business which need the motor traders policy.

CHR15

I'm going through something similar. A car crashed into me by trying to take an exit from a roundabout from the middle lane.

The other guy is absolutely at fault, he argued on the spot that we were both supposed to turn off there.
Once he realised he was in the wrong he simply denied everything and claimed I hit him. The photo showing him in my lane in the side of my car seems worthless. All the google maps with highlighted routes, road signs, full narratives of he said, I said etc simply chucked away.

Insurance settled 50/50 so I lost half of my excess (and have an At Fault claim against me).

I can't say for Scotland but in England, you can take it to court. If you get a decision in your favour, the Insurance companies adjust the claim in your favour.

Insurance companies aren't bothered at all, don't expect any help there.
I have a formal complaint into their (lack of) handling which I will pump up to the Ombudsman in due course, at least LV will need to pay the Ombudsman the money they should have returned to me.

My complaint surrounds LVs lack of effort in preventing Insurance fraud as they will make no effort to challenge unrealistic statements.
In my case, as in yours, lying to insurance comapnies seems to be encouraged. We all suffer as a result.