Insurance company not paying-up after no-fault car accident - any advice, any legal-eagles hereabouts?

[The Cycling Lawyer]

If you were injured in ANY way at all you could simultaneously attach the claim for the vehicle damage and hire car to the claim for injury and make a claim against the other driver’s insurance .

You’d then also get a solicitor to deal with your entire claim on a no-win-no fee basis.

Technically you could initiate the claim yourself via the Official Injury Claims portal (OIC).

The problem with OIC is that, although it’s designed so that anyone can run their own RTA personal injury claim, it’s a fairly new process and the procedure is pretty complicated. (Even for me as as an injury lawyer).

On top of that, you have a hire car claim to deal (which are incredibly tedious and complicated, especially if it was a a credit hire (at those rates it likely will be).

In my view, them using a quote from eBay to pay you less than the assessor report is absurd.

The independent vehicle assessor/expert (should have) physically inspected your vehicle and a judge at court would accept that evidence over an eBay advert.

As stated above, if you have any injuries whatsoever, a solicitor would deal with the entire case no-win-no-fee 👍

 

[Sharky]

I was in an RTA 15 years ago, resulting in damage to the bike and to myself. I was and still am, a member of the CTC (aka Cycling UK) and their legal service successfully made a claim for compensation on my behalf.

Can I ask if using such legal services will result in the same success as any other provider of legal services or is there a better strategy to follow in the case of an RTA.

 

[PK99]

The problem with shopping round for cheap insurance is that you don't find out what you've bought until you need to make a claim.

I used to have my house & contents insured with CIS too, but then about 4 years ago I got the renewal papers through the door which said the buildings side of the business had been sold off. When I Googled the new company it looked horrendous, with stories of them refusing to pay out claims until policy holders had got them within 24 hours of a court case, then suddenly backing down. Much as I had been happy with CIS, I decided to switch, and chose Saga because they were one of the best rated by Which, not because they were the cheapest.

Agree. Cheap insurance is a false economy.

 

[The Cycling Lawyer]

I was in an RTA 15 years ago, resulting in damage to the bike and to myself. I was and still am, a member of the CTC (aka Cycling UK) and their legal service successfully made a claim for compensation on my behalf.

Can I ask if using such legal services will result in the same success as any other provider of legal services or is there a better strategy to follow in the case of an RTA.

It depends on the quality of the company.

Sometimes the client doesn’t have to pay a success fee (usually 25% of their damages) when they utilise these schemes through their insurer, but I think they can end up dealing with some pretty cruddy claims handling companies.

There are a few questions that still remain, from the OP’s post, ie:

Why did his insurer instruct assessor, only to then go and check an eBay advert to reduce the amount they offered to pay? Seems a bit unfair to me, and their a bit conflicted.

Why didn’t his insurance go after the third party? Or at least advise him it seems like a non fault accident that he could directly go against the third party instead of utilising his own insurance?

 

[Jody]

Why did his insurer instruct assessor, only to then go and check an eBay advert to reduce the amount they offered to pay? Seems a bit unfair to me, and their a bit conflicted.

I had similar with a previous car written off as no fault. They counter offered 3 times in the end as I kept pointing out I wouldn't take an offer unless they find a like for like vehicle. Same colour/model and engine type.

They also kept sending ebay links of abosulte heaps trying to show that was current market value

 

[The Cycling Lawyer]

I do wonder if they paid the OP the lower eBay rate, but recovered the full engineer's valuation from the third-party?

(Thus recovering everything they paid out, plus a bit extra for themselves + the OP's excess (and likely higher insurance premium)

Again, if the OP has an injury (even simple neck pain etc) and instructed his own solicitor, the solicitor should be able to:

1) Deal with the entire claim (injury + vehicle + hire) on a no-win-no-fee basis

2) Solicitor would likely only claim a success fee (aprox 25% - 35%) on the injury compensation (but not deduct from the claimant's vehicle damage) - he'd need to check the T&C's about this (but it is very common that they do not).

3) Solicitor would instruct their own assessors to assess vehicle, and ask for payment for the full pre-accident value of the vehicle.

4) The claim would be submitted directly against the Defendant, and the OP wouldn't have to claim for all this on his own insurance,
as it would be directed to the Defendant (who in this case seems to be at fault).

 

[Jody]

I do wonder if they paid the OP the lower eBay rate, but recovered the full engineer's valuation from the third-party? (Thus recovering everything they paid out, plus a bit extra for themselves + the OP's excess (and likely higher insurance premium)

Exactly that

Their wording to me is that it had to cover what they felt a low ball offer would have been from the 3rd party insurers. The tact I took is forget the money, just replace my car like for like and I'll accept that instead.