Late claim following accident

[Bhud]

'Macallistor Investigation'

It's the wild, wild west out there, full of chancers.

You've got to become one yourself. They might even offer degrees and pro training in it.. But it's self-defeating because they create rule-bound perfect-model-of-the-universe types, and these get defeated by chancers again on the Darwinian road to nowhere.

Oh well. Such is the circle of life, or progress, depending on your pov.

[wr6133]

[Nobby the Bastard]

If a claim was made against her that she doesn't know about , why the court action?

It either succeeded or failed. Either way she snt liable personally. That's what insurance is for.
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trevor saxe-coburg-gotha:"Remember this simple rule - scooters are for men who like to feel the breeze on their huge, flapping cunt lips."
Sprint ST 1050

[stinkwheel]

Further investigation reveals this official claim letter issued by the Court Business Centre has been initiated by a legal firm who work on behalf of insurance companies. Presumably on instruction of the other drivers insurance company.

Seems a hell of an odd way to work. Presumably this way they can present the repairs etc as a done-deal without all that pesky checking for actual damage etc.

Devitts claim line is only open during working hours Monday to Friday so we can't contact them until Monday.

Given the above from wr6133, I think we need to make it abundantly clear we dispute liability when we get in touch with our insurance and that if they are not prepared to do this, then they will not be acting on our behalf. I'll go to court first.

Third parties vehicle seems to be kosher as far as I can tell.

Must have been a very glancing blow not to have had her off the bike because it was a Range Rover! I suspect not being paid out on this wouldn't cause them significant hardship either because it's less than 3 years old.
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“Rule one: Always stick around for one more drink. That's when things happen. That's when you find out everything you want to know.”
I did the 2010 Round Britain Rally on my 350 Bullet. 89 landmarks, 3 months, 9,500 miles.

[A100man]

[Easy-X]

Wow... that's even worse! If it's an insurance company generating this claim a magistrate will have zero sympathy for them for not attempting to contact you prior to making the claim.

I wonder if your [previous] insurance company was actually dealing with this and didn't inform you
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Husqvarna Vitpilen 401, Yamaha XSR700, Honda Rebel, Yamaha DT175, Suzuki SV650 (loan) Fazer 600, Keeway Superlight 125, 50cc turd scooter

[wr6133]

[Bhud]

[stinkwheel]

I'm Scottish but live in Cumbria in accordance with traditional Scottish woman and job stealing purposes.
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“Rule one: Always stick around for one more drink. That's when things happen. That's when you find out everything you want to know.”
I did the 2010 Round Britain Rally on my 350 Bullet. 89 landmarks, 3 months, 9,500 miles.

[Mr Hammers]

I'm still currently in dispute with the woman who knocked me off in 2019. Thread here.
They're refusing to pay all of the hire bike and storage charges...and tbh, i'm not surprised...it's over 4k

Someone in another thread talking about this pointed out the hire bike/storage deal is such a scam. No wonder they were so keen to foist the hire bike on me. That said, i did need one to get to work, so not much else i could do.

Anyway, my insurance were ready to roll over initially, but i held my ground. After all i've done nothing wrong here, it was entirely her fault, and so told them no, i will not accept that, and if it means going to court to prove it, then i'm more than willing to go to court.

It seems that the other side are willing to go to court as i got a letter asking if i'm still willing. I've said yes. I suspect though that it won't get to court, and they'll cave in beforehand. We shall see.....
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A Guide To Powerbands

[Bhud]

[Easy-X]

[Fat Angry Scotsman]

[stinkwheel]

The plot thickens.

Contacted the broker to see what's going on. They said they can't/wont discuss it and we have to speak to the underwriters.

Spoke to the underwriters. They settled the claim as a fault claim at the request of the brokers in November last year...

Very helpful lady at the underwriters agrees something very odd is going on. We told her we have had no contact from anyone beyond the initial reporting of having an accident on the day when all they took were details of the other driver. Also told her we dispute liability but have never been given the opportunity to do so.

Some thicker bits of the plot are that the claim now is for a different amount to the previous claim.

So SOMEONE has had over £2k paid out. Be that our broker, their broker, the third party or possibly a finance company who own the vehicle.

Issues are disputed liability. Who has the money? On whose behalf have court proceedings been instigated? Why is the amount of the claim now different to the amount of the initial claim?

My thoughts are that this car is probably on finance (given the home address of the third party, as mentioned above, it's unlikely they have bought a range rover). So the PPE period is nearly up and the car is still bashed. Insurance has paid out and either the PPE company have just swallowed the money or the third party has spent it and the repair has not yet or only just been done.

Or someone is at-it. In any case, it looks like this court action is most likely fraudulent, be that deliberately or in error.

Underwriters are taking a look at the court paperwork to advise what they want us to do with it and are sending out forms to instigate a complaint against the brokers for accepting liability and paying out on this claim without any communications with the policy holder.
____________________
“Rule one: Always stick around for one more drink. That's when things happen. That's when you find out everything you want to know.”
I did the 2010 Round Britain Rally on my 350 Bullet. 89 landmarks, 3 months, 9,500 miles.

[Easy-X]

That's an interesting scenario: you have an accident that the parties involved at the time dispute who's fault it is. Your insurance company decides to issue a "no liability admitted" payment to the other side without even telling you. Do you then have to inform your next insurance company of the claim?
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Husqvarna Vitpilen 401, Yamaha XSR700, Honda Rebel, Yamaha DT175, Suzuki SV650 (loan) Fazer 600, Keeway Superlight 125, 50cc turd scooter

[stinkwheel]

[Bhud]

Strange...

When the cat's the Insurance Ombudsman and the cat's away, the mice will play, perhaps.

[Nobby the Bastard]

Well, if the broker made the decision it's clearly the broker to customer interface that was broken and not the underwriters fault.
____________________
trevor saxe-coburg-gotha:"Remember this simple rule - scooters are for men who like to feel the breeze on their huge, flapping cunt lips."
Sprint ST 1050

[UncleFester]

You asked that nice Arry chap what his view is?
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Module 1 and 2 passed - October 2014. Happy owner of a 2017 Z1000SX, ex owner of a YBR125 / CB500 / VFR800.

[stinkwheel]

[Nobby the Bastard]

So, the broker who said you were at fault refuses to speak to you, yet the underwriter will?

A small claims court has a case pending against you from the people who were the third party?

Back in the day, I used to write giros. Yes, exacly as written. Benefit cheques.

I used to think about how I could defraud the system and how much I could get. I eventually worked out it would take at least 3 people and at best we could count on a week of doing it and then out of the country.

It was marginal whether I could have made 10k and giving up my entire :life for that much didn't appeal.

Wondering if someone has followed through and you will be the first of many where so called paid out claims have been 'diverted'.
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trevor saxe-coburg-gotha:"Remember this simple rule - scooters are for men who like to feel the breeze on their huge, flapping cunt lips."
Sprint ST 1050

[Kawasaki Jimbo]

[MCN]

Brokers probably don't pay for competence. So rely on Wullie and Senga who were kept on from a work-experience program 15 years ago.
Not very bright but they are there everyday on the stroke of 9.
And can be relied upon to present Tally and Ledger books with end of month figures for 1st of month.

One of those two Edjits has dropped the fuckin' ball.

Wullie is dealing with the underwriter enquiry but since he is shagging Senga he canny exactly throw her under the bus.

Can't wait for the next episode now.
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Disclaimer: The comments above may be predicted text and not necessarily the opinion of MCN.

[Ste]

[stinkwheel]

Ongoing. Submitted acknowledgment of receipt. Told the insurer we have done so. have heard fuck all from either the insurers or the complainant.

Deadline to post the statement of defence is Friday. The insurers are being told tomorrow that unless they get their finger out and pick this up, we will be submitting our own statement of defence which they will not be given sight of and if we land up conducting our own defence, we will be claiming any resulting payments the court orders back off them. In court if necessary. Along with a formal complaint which may well result in referral to the insurance ombudsman if it is not dealt with to our satisfaction.

At this point, satisfaction would need to involve a detailed and believable appology for their total failure to communicate and for accepting liability without either consent or investigation as to the circumstances of the claim. Also an ammendment of the insurance record to reflect that this was a non-fault claim.
____________________
“Rule one: Always stick around for one more drink. That's when things happen. That's when you find out everything you want to know.”
I did the 2010 Round Britain Rally on my 350 Bullet. 89 landmarks, 3 months, 9,500 miles.