Legal advice req'd - Out of pocket losses.

[Timster]

So, my car was parked, I wasn't in it - someone hit it, and it was written off. Due to my location I paid lots of ferry fees and it took 10 days for a courtesy car to be delivered to me - I was informed this was all something I could claim back. Claim went in in July, today I've finally been told that the most I'll get is £206.31 - the ferry costs. See below for the original letter of claim - does anyone have experience of claiming the rest through small claims courts, or any other advice for me? Cheers!!

- - - - - - -

Dear Sir / Madam

I write to accompany the claim form and receipts I am sending to you. Due to my location I have incurred a number of costs from this accident which I would like to claim back. I live on the Island of Sanday, part of the Orkney Archipelago. Sanday is 20 sea miles from the nearest town, Kirkwall. There are no car hire facilities on Sanday, no garages from which to purchase a replacement car. Due to this I had to pay for the ferry fare for the courtesy car to be shipped over from Kirkwall to Sanday, and on it's return. I also had to pay the ferry fare to have my damaged Volvo (reg: SL## ###) Shipped to a garage in Kirkwall where I was informed it was to be written off.

In the purchasing of a suitable new car I incurred more costs. A ferry trip south, mileage to edinburgh in a borrowed car, then a flight to London Luton to collect the replacement car, mileage back to Orkney and further ferry costs. I have enclosed receipts for all flights and ferries, but would also like to claim mileage costs.

Expense:
Date
Cost £
Mileages
Ferry - Kirkwall – Sanday (Hire Car)
08/08/13
22.98

Ferry - Sanday – Kirkwall (Volvo)
12/08/13
22.98

Ferry - Sanday – Kirkwall (Hire Car)
30/08/13
19.15

Ferry – St. Margarets Hope – Gills Bay
31/08/13
80

Mileage – Gills Bay - Edinburgh
31/08/13
125.1
278 Miles
Flight – Edinburgh – London Luton
02/09/13
99.98

Mileage – London Luton – Gills Bay
03/09/13
294.3
654 Miles
Ferry – Gills Bay – St. Margarets Hope
21/09/13
61

10 Days without vehicle

100

TOTAL Claim

£825.49
932 Miles





I hope this is clear, and value your assistance in reclaiming these losses. I have calculated mileage at £0.45 per mile as indicated by yourselves.

Enclosed copy of ID, recent utility bill with address and forms from yourselves.

Sincerely,

 

[Sp!ke]

who are you communicating with exactly?

 

[Timster]

My insurance company, admiral, does legal business in Scotland through a company based in Edinburgh - Lyons Davidsons Solicitors who claim to have been negotiating on my behalf. They've achieved sod all in 8 months. I'm thinking of making a claim in the small claims courts.

 

[Sp!ke]

I would get independent legal advice first. A 15 minute consultation before you commit to anything wont cost much.

Legal cover that comes with your insurance is worth than useless in my experience as you aren't the customer it is the insurance company and they often instruct the solicitors to take the path of least resistance.

 

[Zu11y]

are there any documents that state that you are able to claim the full costs incurred, this is a good starting point, as often courts will look at contractual terms, if you can provide evidence that the operator you spoke to clearly said this, and you only acted due to knowing you will get full expenses then this will amount to a contractual term and you can use this in the courts.

 

[Troon]

I'd be surprised if you get any joy on claiming the flight to Luton and mileage back. You could reasonably have bought a replacement car closer than that.

 

[artyman]

Are you a member of the AA or RAC, can they help.

 

[Timster]

Are you a member of the AA or RAC, can they help.

AA. Good thinking that man!

 

[DuFFmAn]

Are you claiming from a third party?

As Troon says, you may struggle reference the trip to Luton. The remainder seems reasonable.

I would stick with your solicitors for now. Complain to your legal cover insurers who can then apply pressure on your solicitor to avoid complaints.

 

[Reefergeezer]

I've had something similar in the past where my car was hit while it was parked. Not a total write-off but it was in the garage for a month or so for repairs.

It was a while back so the situation may have changed, and all policies are different, but the NORMAL situation is that if you have fully comprehensive insurance and there is no doubt about it not being your fault (which is the case here, as you say you were parked) and costs can be recovered from the other party (i.e. you have details of the other party and they are insured), then all of your reasonable out-of-pocket expenses and your insurance excess should be paid by the other side's insurers. This includes, if your car is less than 5/6 years old, a replacement vehicle of a smiliar standard for a certain duration (or no fixed period if it is being repaired).

All of this was taken care of by solicitors who my insurance company put me in touch with, and they advised me on what I could claim/not claim and fought to get my money back without any further involvement from my insurance company.

If you have legal cover with your insurance policy, the I would suggest you get in touch with them again and be firm, otherwise it may be a case of contacting the other party's insurers directly if your insurer won't help.

Now, if the other party was not insured, you would have to make a claim against them in the small claims court, but again, if you have legal cover, the solicitors should do all this for you.

Hope this helps, and good luck!

 

[johnsco]

Legal cover that comes with your insurance is worth than useless in my experience as you aren't the customer it is the insurance company and they often instruct the solicitors to take the path of least resistance.

And I thought it was only me.
That explains a lot about a recent accident I was involved in, and the way my insurer's solicitors pursued it (or didn't pursue it !!).
Their performance was at-best lamentable, and at-worst deliberately-perverse.
Needless to say - All I got was utter frustration.

 

[Timster]

As others have said. I claimed through my legal cover on my insurance and found them useless. Working through till Monday but then I'm going to get in touch with the legal side at aa to see if they can help. Frustration indeed!

Thanks for all the helpful replies so far guys! Will keep you posted!

 

[MDC250]

Whether a panel firm of Solicitors or otherwise their duty of care is to you as the client and not the referring insurer. If you are not happy with the service being provided follow the complaints procedure it will or rather should have been set out in the client care letter.

I may have missed in the OP where the accident took place and this may be significant vis-a-vis jurisdiction and recoverability of losses but I would imagine it would be broadly similar to England and Wales.

You will not get a hard and fast answer as to recoverability as it is a question of fact for each case.

I have direct knowledge of a successful claim for a guy who had his CLK or SLK (can't remember!) written off, long waiting list for replacement but he got all travel and associated expenses back for sourcing new in Germany. Like I say it is a matter of fact for each case so that will not universally apply.

I know Solicitors are about as popular as politicians/bankers/tax man but I promise you it is tough at the minute and costs are squeezed, people running low value uninsured losses claims are generally very junior and you get what you pay for as with everything in life. If you pay £25-£50 for LEI do you expect a Rolls Royce Service? ULR claims are often loss leaders for firms.

Who is walking away laughing here are the insurers as they are not having to meet as many claims as they should and thanks to a cosy relationship with the government they have decimated access to justice in just about every sphere not just PI/RTA claims. Oh and good luck with the promised premium drops...some insurers are already going back on their "word" to the Govt.

Rant over!

I genuinely hope you get sorted OP, good luck.

 

[MarriedBlonde]

You will be able to get 30 minutes sometimes and up to an hour with a solicitor, you might only get to speak to a junior but they will advise if you have a case.

You wont get the flight to luton and mileage back but you should be ok with the rest.