Can I claim my car insurance excess back?

nomad

Hi all. Bit of a long one I'm afraid. In Aug 06 I wrote off my car caused, I claim, by inadequately signed road repairs carried out by a contractor for Rutland County Council. I maintain that Rutland CC failed in their duty of care to take all reasonable steps to safeguard against the risk of a forseeable accident as a result of the works carried out on the carriageway and I wish to recoup my loss. I have two witnesses to the lack of signage and a photo of CC workmen addding signs, on the instruction of Leics Police, after the incident. Rutland maintain that the sub-contractor is liable, not them. I requested that the contractor provided proof that the works were undertaken in accordance with the Construction (Design and Management) Regulations 1994 under which a Health and Safety Plan should have been compiled by the Principal Contractor that will have detailed the work to be undertaken and the measures that the contractor and sub-contractors were to take to safeguard both their employees and the public. No proof has been forthcoming except for a written statement from the contractor claiming all work was done in accordance with regulations. After approx a year of correspondence I wrote to the Local Govt Ombudsman who has read my claims and has written that ‘You are able to pursue this claim though the small claims court and I can see nothing to suggest that it is not reasonable for you to take such action’. Rutland CC were informed but they still deny responsibility. I have retained all correspondence the last being dated 15 Oct 07. The insurance excess I want to claim back is for £200. Is it worth pursuing the CC through the Small Claims Court? Should I be attempting to claim the full write-off cost back from them instead and refund my insurance company if successful? I have retained all correspondence.

Can anyone advise me, please.

Thanks.

Nomad

Quentin

Normally your insurance company would pursue a third party to recoup their losses. See if they have done so, and if they have been successful. If so use the contact they pursued.

If not, you should pursue yourself - as you would have had to do had you only had third party insurance.

Claim your excess and if successful get your insurance company to pursue for their losses. Then when they are successful they can reinstate your ncb.

lisyloo

Hi Nomad,

You insurance company should be pursuing the 3rd party for the insured losses.
Your legal cover would cover un-insured losses.

Now it might jsut be that the insurer can't be bothered as they have to weigh up the costs of pursuing it with the costs of simply paying the claim (and whilst your time is free, theirs in not as htey have to pay their employees).

I think you should be pursuing your insurer.
Firstly to recoup their losses so this is a "no fault" claim and your NCB is intact, but also for your un-insured losses.

Write to your insurer and ask them to pursue it (send it recorded delivery - 70p) and to pursue your uninsured losses.
If you are not happy with their response then make a formal coplaint.
If still not happy at the end then go to the ombusdman (insurance not local govt).

If all else fails then go to the small claims court to recover your excess and any additional costs resulting from the accident e.g.increased premiums due to an acdident loading or loss of no claoims (this may go over several years).

V_tricky

Well you sound pretty savvy, and like you have well researched your case.

I'm going to make the presumption that you don't have a legal expenses policy, because all you would do if you do have that is ask them to send the file to their solicitors for issue.

What you need to do if you don't have a UIL/LE policy is to ring (get the name of the person you spoke to)/write or email your insurer and advise them that you'll be issuing County Court proceedings for your uninsured loss claim (ie your excess) and would they like their outlay including.

If you don't ask them, then you will be prejudicing their position as they will be unable to recover their outlay.

A lot of insurers will make an agreement with the defendant insurers NOT to include their outlay (for cost purposes) but agree to settle the outlay claim on the basis of how the uninsured loss claim goes in Court.

If they do want their outlay including, you can reasonably expect for them to pay for the costs of the court proceedings.

If they don't want their outlay including, just issue yourself! As I say, you sound like you have a well researched case - you can issue proceedings on Rutland CC, and bring the contractor in as second defendant, and leave it for the courts to decide.

As you will probably know, it wouldn't cost that much to issue, and it sounds like it may well be worth your while.



Edited to add: It doesn't sound like you're averse to a little research, so perhaps you might see whether your local reference library has a copy of Binghams & Berrymans Personal Injury & Motor Claims Cases This is a tome & a half which has basic details of hundreds of cases. It would really help if you had details of previous cases with similar circs (you can search through the contents by incident type) - just photocopy the pages you need

nomad

Wow, thanks to you all for your responses. I'll be honest, I didn't know you could use Legal Cover in that way so maybe I'm not that savvy, eh?. And I'll bet I'm not alone in that either! Well, I hope not!

So I'll have to check that I was covered for LE at the time of the incident then approach my insurance co to pursue the Rutland CC for my insured losses. Sounds simple enough. I hope it works as I'm fed up with it all but I just can't let it go!

:wall:

nomad

Bah! Unfortunately, I should have contacted my insurance company within 180 days so, I guess, it's back to me to pursue it. Can anyone give me any tips on issuing County Court Procedings/Small Claims Court? If I lose can I assume that I'll cop the expenses?

V_tricky

Hi,

What a shame you missed the 180 day deadline. Boo!

Your best bet is to look at the Court Service Website which will give you most of the information you need.

Good Luck!