Non-fault accident claim help 7 months ago / now insurance renewal.

jay213

I have a family member who is having difficulty with a non-fault accident that happened around six-seven months ago. Their car is likely to be an write off as it couldn't be driven shortly afterwards. This was their first accident/claim.

They couldn't afford their insurance excess of £800. It was mentioned to them that they could go directly to the third party’s insurance (apparently, the driver admitted liability).

However, they went with one of these personal injury claim companies (only just found this out just before the Christmas break). I think she thought they would claim for the car as well.

When she tried to make contact with the at fault drivers insurance company in May/June she said that they told her they couldn't deal with her and that they would have to deal with the third party, I assume the personal injury firm. But she said the personal injury solicitor wasn't doing anything, so she switched to another firm. She contacted the other driver’s insurance company a few other times, but she said they hung up on her and were confused as to why she was calling.

The second firm couldn't start anything without receiving the paperwork from the first firm and there was a lot of back and forward to get the paperwork from the first firm. It took until late November / early December for the second firm to get her file.

She has been in contact with her insurance company and they won't help unless she pays her excess or has written confirmation that the third-party insurance company accepts liability. She got a letter from the solicitor from the second personal injury company, but I think they said they need it to come directly from the other driver’s insurance company.

Should she be able to still go directly to the third-party insurers?

She’s now eight months pregnant and this is obviously adding stress to her, she has been unable to drive her car for six months and now her insurance has expired. To renew with her current company her renewal has gone up to £1200, which they said they will only accept a single payment for. She has asked to pay monthly but they said as she made a single payment previously that it has to be the same, is that right?

she can get cheaper insurance with another company with a black box fitted but as her car doesn't move, they can't fit it in apparently and other companies don’t want to take her on as she has an open case. I don’t think she can sorn the car as she has nowhere to keep it. Is temporary insurance an option?

Arklight

jay213 wrote: »

They couldn't afford their insurance excess of £800.

This needs a whole lot more explanation.

It's all fun and games choosing an unrealistically high excess to get a cheaper premium, until you need to actually pay it to be able to access the insurance in a claim.

If I understand this correctly, her insurer wanted the excess up front in order to progress her claim. She couldn't afford this so attempted to sue the other party through an ambulance chasing lawyer, which hasn't worked out. Now her original claim is still open with her insurer and unresolved, and will be until she pays her excess, or her insurer are happy the claim is resolved and with it their liability.

My advice would be to pay the excess.

Mercdriver

Hard lesson to learn, but OPs relative should in the instance they couldn't afford the excess should have gone directly to the third party's insurer at that point.

OP, are you sire that it is a personal injury solicitor that they have gone through, or a claim management company? They aren't necessarily the same thing.

jay213

Arklight wrote: »

This needs a whole lot more explanation.

It's all fun and games choosing an unrealistically high excess to get a cheaper premium, until you need to actually pay it to be able to access the insurance in a claim.

If I understand this correctly, her insurer wanted the excess up front in order to progress her claim. She couldn't afford this so attempted to sue the other party through an ambulance chasing lawyer, which hasn't worked out. Now her original claim is still open with her insurer and unresolved, and will be until she pays her excess, or her insurer are happy the claim is resolved and with it their liability.

My advice would be to pay the excess.

Unfortunately, she didn't realise the total of her excess would be £800, she mentioned that she thought it was a lower figure, I can't remember now but I think she thought it was around £300. I think she didn't read the details / small print and realise when she selected £300 that it was on top of a preset excess.

jay213

Mercdriver wrote: »

Hard lesson to learn, but OPs relative should in the instance they couldn't afford the excess should have gone directly to the third party's insurer at that point.

OP, are you sire that it is a personal injury solicitor that they have gone through, or a claim management company? They aren't necessarily the same thing.

I believe it is an personal injury only solicitor, as when she got transferred to the second company and asked about her car they said that they only deal with personal injury and not the claim for the car.

Could she still go to the third party insurer or is it too late?

jay213

Can her insurance refuse to give her monthly installments for another years insurance on the car?

Shaun_of_the_Dead

jay213 wrote: »

Can her insurance refuse to give her monthly installments for another years insurance on the car?

Yes they can.

Ectophile

jay213 wrote: »

I believe it is an personal injury only solicitor, as when she got transferred to the second company and asked about her car they said that they only deal with personal injury and not the claim for the car.

Could she still go to the third party insurer or is it too late?

The limit in the UK, except Scotland, is 6 years to make a claim for financial loss. So it won't be "too late" for another 5 years or so. In Scotland, the limit is 5 years.


The limit for injury claims is 3 years, so don't let the ambulance chasers drag it out too long.