carpenters solicitors......... verdict?

Options
confusedkarma
confusedkarma Posts: 20 Forumite
First Anniversary Combo Breaker
edited 17 May 2013 at 6:30PM in Insurance & life assurance
i'm going through a claim at the moment via tesco, who uses carpenters solicitors. i got a call from carpenters today saying that basically they aren't pursuing my case as 3rd party has an independent witness (which isn't independent, and didn't witness anything anyway, but i'm struggling to prove) and that an independent witness basically trump cards the witness i have, plus photographic evidence showing damage, car position etc.
yet after speaking to tesco, they're still in complete agreement that it isn't anywhere near my fault and are continuing to battle with admiral.

is this normal?


btw, this was an early april accident, so still pretty early on in the whole "he said she said" arguement
«1345

Comments

  • lil.smartie
    lil.smartie Posts: 541 Forumite
    First Post First Anniversary Combo Breaker
    Options
    Terrible, still out of pocket let alone no compensation from an accident 3 years ago!

    Kate
  • confusedkarma
    Options
    Terrible, still out of pocket let alone no compensation from an accident 3 years ago!

    Kate

    OMG!!!!!! theres no way i could cope with putting up with their......erm...... poop ;) for the next 3 years! if only i could have reached down the phone line today id have put his "procedure" up his jacksy!!

    all i want is my excess back, but not sure £250 is worth while 3+ years of stress :(
  • forgotmyname
    forgotmyname Posts: 32,552 Forumite
    First Anniversary Name Dropper First Post
    Options
    Tesco are terrible for paying out.

    A family member got injured whilst working there, Not a serious injury but prevented them from doing the job for a few weeks and had issues for some time later.

    1 member of staff witnessed it and another was close by but didnt see it yet knew the object had been reported previously.

    5+ years later it was just about to goto court and they paid up.

    They were so obstructive it was unbelievable. Witness was transferred, Other staff member left. Tesco refused to give details of the previous complaints because of data protection.

    Terrible. They will bend the rules and obstruct all the way.

    Get a no win no fee company and leave them to it.
    Censorship Reigns Supreme in Troll City...

  • confusedkarma
    Options
    can i do that? get a different solicitor to pursue even if carpenters don't take things further? what company would you suggest?

    thanks ever so much for your help :)
  • Quentin
    Quentin Posts: 40,405 Forumite
    Options
    No solicitor would have concluded a claim (where liability is accepted) from an incident which only happened last month!

    You have disputed liability which will take months.

    If you are unhappy with the solicitor provided by Tesco you need to tell them and ask them to get you another, but you need more patience.

    The Tesco advisor who told you that they continue to "battle" the other side will be telling you the situation as shown on their file, and may not be aware of the full picture (the emergence of an independent witness etc)
  • confusedkarma
    Options
    Quentin wrote: »
    No solicitor would have concluded a claim (where liability is accepted) from an incident which only happened last month!

    You have disputed liability which will take months.

    If you are unhappy with the solicitor provided by Tesco you need to tell them and ask them to get you another, but you need more patience.

    The Tesco advisor who told you that they continue to "battle" the other side will be telling you the situation as shown on their file, and may not be aware of the full picture (the emergence of an independent witness etc)


    i spoke to carpenters solicitors yesterday and was told that as they have an independent witness and i dont, we wont be able to take it to court.

    ive not asked for it to be all resolved, i was expecting a long drawn out thing, which is why i was so baffled, and therefore put up this post.
  • Quentin
    Quentin Posts: 40,405 Forumite
    Options
    Are carpenters working for you or tesco?

    Ie. Have you claimed off any "legal expenses" policy to get your uninsured losses back and tesco are funding them, or are they dealing with the disputed liability on behalf of tesco?

    If they are working for tesco, there's not a lot you can do about replacing them.

    As they only informed you yesterday that they don't rate your chances of winning in court, maybe tesco still haven't had their advice yet.
  • confusedkarma
    Options
    from what i gather, tesco are "fighting" for my NCB, for my premiums not to be affected etc, and for what tesco have already paid out to me as settlement for the car. (car was written off so tesco have paid out, minus my excess)

    i didn't involve carpenters, they are the solicitor working for tesco, carpenters are (or not) "fighting" for my excess back, and they would also be claiming for injuries, losses etc but the only thing i've claimed for is my excess.

    there doesn't seem to have been any communication between tesco and carpenters at all, they haven't shared any evidence like i would have assumed (this is my first ever accident so have never had any experience before). when carpenters rang and basically said, as things stand there is no hope, so they wont persue, i was mortified! after a lot of crying, pleading, and a bit of getting very angry and having to watch my words, the carpenters chap agreed that they would review what evidence they have again, and as i know where this supposed independent witness has come from (a friends relative) i may have a chance of discrediting the witness. I that is, not carpenters. i have to find evidence? isnt that what carpenters are paid for? BLAH, im waffling lol can you tell its still really annoying me?

    anyway, i rang tesco after speaking to carpenters to see if they were in agreement and the guy was like !!!!!!? no way, we still have a strong case and can prove what the witness says is wrong with photos. so he seemed to be as baffled as me. and of course its a weekend so i cant speak to either now, so its just going to play on my mind all weekend, and will be suffering from mountain out of molehill syndrome by monday :/

    basically it just seemed a very odd thing for carpenters to say, especially as the claim is only 6 weeks or so in.
  • Quentin
    Quentin Posts: 40,405 Forumite
    Options

    i didn't involve carpenters, they are the solicitor working for tesco, carpenters are (or not) "fighting" for my excess back, and they would also be claiming for injuries, losses etc but the only thing i've claimed for is my excess.....

    You say you have only "claimed" for your excess.

    Your excess isn't covered by your policy, and you need to pursue the third party to get this back.

    It may be that you are using a "legal expenses" add on policy you have with your insurance to claim this (and you have been allocated carpenters by tesco to deal with this).

    But if not, then you need to pursue this yourself.

    (Tesco will be "fighting" the liability issue with the other side - if they are successful in getting the other side to accept full liability, then getting your excess back will be a formality for you)

    Do you have any correspondence regarding this which will explain carpenters role in all this?
  • confusedkarma
    Options
    Quentin wrote: »
    You say you have only "claimed" for your excess.

    Your excess isn't covered by your policy, and you need to pursue the third party to get this back.

    It may be that you are using a "legal expenses" add on policy you have with your insurance to claim this (and you have been allocated carpenters by tesco to deal with this).

    But if not, then you need to pursue this yourself.

    (Tesco will be "fighting" the liability issue with the other side - if they are successful in getting the other side to accept full liability, then getting your excess back will be a formality for you)

    Do you have any correspondence regarding this which will explain carpenters role in all this?

    what youve just said sounds right, the legal expenses thingy. so tesco have employed carpenters on my behalf? so can carpenters say i have no hope of getting my excess back, yet tesco still keep going with the claim? sorry for all the questions, and thanks so much for your help. i really am just in such a state. i cannot believe that she has got a mate to lie for her, and is getting away with it. no wonder everyone hates insurance, now i see why :(
Meet your Ambassadors

Categories

  • All Categories
  • 343.2K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.7K Spending & Discounts
  • 235.3K Work, Benefits & Business
  • 608.1K Mortgages, Homes & Bills
  • 173.1K Life & Family
  • 247.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards