Getting ripped off with claim

[Corrado]

I am finally going to have to admit defeat on this one. NU left a message on my answerphone today to tell me that the third party's solicitors are intending to pursue me over this claim. NU said they have done all they can, and I am now on my own with regards to this one.

I contacted Albany, who phoned NU, and found them as completely unhelpful as they have been all along. I tried phoning NU myself, but got the usual experience of a call centre in India, where I was kept on hold for ages, and then put onto someone who could not answer a single question I put to her, and kept me waiting for ages while she went off to ask someone else. I then phoned Kwik-fit, who said that NU have the right to drop the claim if they don't think they will win, and it is down to me to defend it myself. Kwik-fit said they will not get involved. Because I am going against NU's decision, no legal cover or assistance will be provided. I then also found out, from Kwik-fit, that NU have actually admitted liability and already made a payment (probably for the car rather than the personal injury claim), so they have completely set me up.

It gets worse though. I then phoned a solicitor: a firm I have used twice before, although for something other than this. They put me onto their representative who deals with this kind of thing, and relayed the story. He listened, and then told me they would not be willing to take the case, and he doubted that any other solicitor would either.

Two reasons:
1) It will be argued that the third party was continuing around the roundabout, whereas we were leaving the roundabout. The fact that he was in the wrong lane is irrelevant, as our attempting to leave the roundabout was the manoeuvre which caused the accident. If we were leaving the roundabout, we should have ensured it was safe to do so, and if not we should have just continued around a second time.
2) The fact that NU have admitted liability will count heavily against me.

So I think I will have to admit defeat, and phone NU tomorrow to tell them I will not be defending this, and they can go ahead and do their worst. I have also written a letter of complaint to the chief executive of NU, but no reply yet.

I think the bottom line was that the third party's insurers, NIG, got solicitors involved straight away and did things properly, whereas NU just did not bother. Nothing to do other than forget about it: until I get my renewal quotes

Thanks to everyone for the advice and support you have given me.

There's something very wrong here IMO (bloke off internet).

Just before you roll over for the final shafting by NU, is it worth posing the question and sending the pics to these guys: http://www.roadsidelawyer.co.uk/ ? (never tried them but there may be a useful angle they could give you. (I'd probably set up a e-mail account specifically for comms with them as nothing is ever really free!)). Or maybe you have legal advice cover with your house insurance that you could call on.

Whatever you do in furthering it (and you really should), good luck.

 

[markjay]

I am not sure I would personally be happy if my solicitor replied in December 2010 to a pots made on February 2009.... perhaps a quick look at the yellow pages will come up with a more responsive and less spamish firm...?

 

[prprandall51]

I have some advice, too.

If you are going to employ a solicitor on your behalf, I strongly recommend choosing one who can use the English language correctly to construct sentences that actually make sense....

It's the details, like knowing what a plural is, why the word "the" doesn't need to be written twice in succession, when to use an infinitive.

 

[nick.ged]

go to court yourself and fight it, you will win, because it is obvious from the evidence that he was wrong, (cue arnie voice) "just do it"

 

[martin_a]

Above4 chaps... helpful and all but given this was almost two years ago I suspect its a bit late to advise the court action!

The only thing that sueprised me about it all though was there was no mention of CCTV. Also goes to show the importance of doing things properly, taking notes, not moving car until pics taken etc etc.

m.

 

[Phantom 211]

I would put a shot across their bows by writing to their head office logging an official complaint - same process as above - request complaints number etc.
As a broker they work for you not the insurance company. They have a duty to represent you. The commission they get paid by the insurance company IS PAID FOR BY YOU - as it is added into the costs. Therefore it is a fee paid by you.
They should have given you a terms of business letter - get it out and read it.....

Good luck

The broker has no hold over an insurer in claim settlement, and the TOBA will not contain any information to the contrary.

Also the point about commission - the commission is paid by the insurer to the broker, not by the customer to the broker (the broker may make a separate charge to the customer). The fact that the business is placed through the broker is the valid reason that they should represent the customers best interests to the insurer. However, they will not be in a position to alter an insurers decision if it has been made unless fresh evidence is presented which would affect their decision / likelihood of winning the case in court.

Always take photographs and always get witnesses (although unfortunately this isn't always possible).

 

[Spinal]

Above4 chaps... helpful and all but given this was almost two years ago I suspect its a bit late to advise the court action!

The only thing that sueprised me about it all though was there was no mention of CCTV. Also goes to show the importance of doing things properly, taking notes, not moving car until pics taken etc etc.

m.

While true - this thread was resurected by a spammy solicitor company that thought they could boost their clientele by spamming the forum.

That post has now been deleted - so this thread can go back to sleep

M.