midget1500

okay, further to this thread - http://www.scoobynet.co.uk/bbs/thread.asp?ThreadID=212418

the insurance company of the idiot that ran into the back of me is causing me major grief!

they've offered me 50/50!!! hahahaha no way. went to speak to the CAB and all they said i can do is sue him (plus as he is a student he couldn't afford to pay costs anyways). this means i need a solicitor and have to pay the costs etc. now, considering the damage is only 600 quid or so they said the chances are it'll cost me more than i get so even if i win i lose.

no way will i except 50/50 as this will mean i've had a fault claim and my insurance will suffer but then why should i pay for an accident not my fault. so now i'm totally at a loss as to what to do now. the insurance company are clearly messing with me and although i know i'm in the right as far as the 'system' goes it appears that i'm in a very weak position.

anyone got any ideas as to what i can do next??? i don't want to roll over and just accept that i won't get any money for repairs and it wasn't my fault

cheers
steven

DAC

most policies now include a additional premium for uninsured losses.

this is a pot that insurance co's pay into for non-insured to$$ers.
they then apparently try to claim from the uninsured party.

I had similar - took 9mths to sort - but same thing - why should the w4nk3r get away with it and you lose out.

Ask your insurance to activate this - they won't unless pressed - easier to fob u off.

Tony_W

Why can't they deal direct with your insurance company?
Do you have the legal cover and all the rest of the add-ons (that are supposed to cover legal costs = solicitors)?

I would be insisting that the Insurance companies sort it between themselves.

midget1500

sorry, as per the last thread my policy was third party only so not interested in helping me and hence it's me v. his insurance company and obviously they are just treating me like **** because they can

i need to know what is the best way to respond to their written offer of 50/50 - i.e. say it is ridiculous, ask them to explain etc, but then this isn't really putting them under pressure to wise up!

Tsunami

what about the small claims court? Have a chat with citizen advice to see what they say

fitzscoob

you will get stiffed, same thing happened to me.

take him to small claims court if you are confident that the judge will find in favour of you 100%, this took me 2 years , your insurance company should supply you with the biggest muppet solicitor they can find, mine did (admiral)

then if you get lucky as i did the judge will add up all your expenditures and make him pay them back, he has the option to pay you back monthly, i got 120 quid per month for about 7 months. But the bright side was i got my no-claims back.

This is NOT a quick solution, this will drag and drag, sorry but thats what happens. Keep with it, even if you get solicitors, you will end up doing most of the work, i had to phone once a week for 2 years to keep up to date (because they done sod all unless i chased).

good luck, this sucks.

Stueyb

I know all too well about this as im in dispute with an insurance company too. Its obvious basically as to were blame lies etc but they keep changing their story to suit the evidence, even in written documentation etc etc etc.

Because im an honest chap i didnt claim whiplash etc just for the repairs, and now because there is no personal injuries, if i need to pursue through the courts <v likely> I have to pay my own costs, that apparently CANNOT be recovered because it is the small claims court ( < 5K )

They offered me 50/50 and my solicitors and my exact words where "they can go and f**k themselves" Not only would insurance be affected, but why should I have to pay for something thats not my fault and be out of pocket.

This sucks like donkey ***** but what canya do ? Answer - buy their domains and put pics of your crash photos up and "Do you trust em" might work well. Lets say £2K per domain @ 4 domains ....

Midget if I can be of any help just email me as per profile.

krazy

I've not use them personally, but what about something like http://www.helphire.co.uk/ ?

ADP

http://www.financial-ombudsman.org.uk/

use these guys, financial and insurance ombudsmen, sorted my insurance problem out, their work was worth 14k to me!

midget1500

cheers for the info guys.

about small claims court - as mentioned, no use as you CANNOT claim back your expenses, hence for me to get 600 quid will be a loss. the insurance co have offered me 50/50 as they know i can't fight it but i will try.

like others, i wish i was a lying *** and claimed i had whiplash, then my claim would have been sorted. the system is there, i didn't (ab)use it, and now i suffer. fecking great.

Chrisgr31

You could take them to the no claims court but no employ a solicitor. Your costs will be neglible, theres will be far higher! £300 does not buy many solicitor hours, and they have to travel etc! Therefore they may well just make full settlementso you go away!

fitzscoob

midget i went to small claims court and got all my costs back (apart from the solicitor as i was fully comp) i incurred about £800 ish from repair and excess, then there was the hours on the telephone that i billed him for, and a few quid for taxi costs as for a while i was without a car