Nightmare claim won't go away - need advice

Discussion in 'Insurance & Finance' started by kusanku, Jun 7, 2011.

  1. kusanku

    kusanku Hardcore MB Enthusiast

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    I need some advice on a claim that just won't go away.

    In 2008 a car changed lanes on a roundabout and side-swiped me. Despite admitting liability at the time, the driver (or their insurance company) then claimed it was my fault. I got a lot of really good advice from forum members at the time, but my case was sabotaged by the fact that my insurance company at the time, Aviva, admitted liability without consulting me or even taking into account my version of events. I was quite happy to take it to court and argue my case, but I then found that no solicitor would take me on because my own insurance company had admitted liability. I wrote two letters of complaint to Aviva, neither of which received an answer. In the end I just changed companies at renewal time, and put it behind me.

    Now, three years later, I come home to find a large letter in the post from a solicitors in York. It is a claim form, dated May 31st, which is for "damages arising out of a road traffic accident dated 24th July 2008", it which it is claimed that their client suffered soft tissue damage to his shoulder, and expects to recover not more than £15,000. There is no covering letter, just a photocopy of "response pack" which says if I do not file an application to dispute within 14 days judgement may be entered against me: the thing was not even posted until yesterday, 6 days after the supposed issue date.

    Never encountered anything like this before, and I'm in a bit of a panic. I had fully comprehensive cover, so surely it should be Aviva dealing with this? Just phoned them, but they were completely unhelpful and said they had not idea what it was about, and that I need to contact the solicitors who issued it. What do I do?
     
  2. BlackC55

    BlackC55 Authorised Forum Sponsor Authorised Forum Sponsor

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    Go and see your Lawyer and take advice.
     
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  3. davidjpowell

    davidjpowell Hardcore MB Enthusiast

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    Aviva should be dealing with it. You would imagine that when they closed the file that full and final settlement would have been agreed.
     
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  4. Dieselman

    Dieselman Banned

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    As said, forward it to Aviva to deal with.
     
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  5. bingo999

    bingo999 Hardcore MB Enthusiast

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    its ur insurers responsibility (Aviva) to deal with this you were covered. forward it onto Aviva and send a letter to the solicitor that sent the pack to you that your insurer is dealing/ has already dealt with this matter and they are to contact aviva directly from now on.
     
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  6. renault12ts

    renault12ts MB Club Veteran

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    I have no idea what you should do. But someone with the knowledge will be along soon. Does sound like a bullying tactic from the solicitor...they can't decide what will eventually happen.
     
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  7. jaymanek

    jaymanek Authorised Forum Sponsor Authorised Forum Sponsor

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    speak to a lawyer, im sure they cant just put new claims in when they feel like it.
     
  8. A-AvantGarde

    A-AvantGarde Hardcore MB Enthusiast

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    We had the same thing happen to us. My wife was driving my company car and had a similar colission on a roundabout. Anywway the insurers and solicitors were dealing with it when out of the blue my wife got a stack of papers very similar to what you descried persuing what I believed where the other parties uninsured losses.

    I was extremely worried at first, consulted our Company Secretary and they passed it onto the Solicitors. We also sent a strong letter back to the Claims Solicitor that was taking up the action directly against my wife for the uninsured losses instructing them to contact our Solicitors directly and not to contact us any further.

    Speak to your insurers / solicitors that dealt with the claim, don't take your time over this.
     
    Last edited: Jun 7, 2011
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  9. jonnyboy

    jonnyboy Hardcore MB Enthusiast

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    Do NOT get involved, forward it to Aviva quoting the reference number and cc in the solicitors. Do not contact the solicitors directly, it is up to Aviva.
     
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  10. timskemp

    timskemp Hardcore MB Enthusiast

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    Call aviva, do what they say. Their problem now.
     
  11. MicB

    MicB Hardcore MB Enthusiast

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    As many before me.....Aviva's problem......forward any and all correspondence to Aviva. You do not have to acknowledge receipt if you chose not to do so but it might save you some hassle if you send a copy, to the Third Party solicitors, of your covering letter to Aviva. After that do nothing.

    Mic
     
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  12. 300CE

    300CE Hardcore MB Enthusiast

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    Get advice asap as you will only have a limited time to respond. I believe you maybe able to file an acknowledgment of service (I think that is what other is called) which will extend the time limit for a response & give you a bit more time to deal with the matter, but I would check this out with either a solicitor or the CAB first (before sending anything to Aviva).

    In the meantime I would get back onto Aviva and demand to speak to a Manager/Supervisor, however before you do this get any paperwork you may have relating to the accident in front of you.
     
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  13. OP
    OP
    kusanku

    kusanku Hardcore MB Enthusiast

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    Thanks for the advice. My feeling is that Aviva should be dealing with this: they were the ones who mishandled the original claim, so they should be dealing with the aftermath. Just rather uneasy considering how astoundingly unhelpful/incompetent they have been in all my dealings with them.
     
  14. jonnyboy

    jonnyboy Hardcore MB Enthusiast

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    If you wish your insurers to handle things you forward stuff to them, unanswered. You must do nothing that could prejudice the way they handle the claim. Like answer tghe solicitors letter/get involved.
    There is no need for the OP to do anything other than forward the letter to Aviva (other than cc in the solicitor if he is in a nice mood).
     
  15. 300CE

    300CE Hardcore MB Enthusiast

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    Only thing I would be concerned about JB would be if the time for a response expires & Judgment is entered by default as the OP would then have to make an application to set aside Judgment etc. I would try & get a contact at Aviva & maybe send any docs by registered post to that person.
     
    Last edited: Jun 7, 2011
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  16. chris846

    chris846 Hardcore MB Enthusiast

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    start a diary straight away
    nothing fancy, a word document will do
    write EVERYTHING in it - every phone call, everything
    date and sign every letter you receive
    be honest, be fair. Making yourself write everything you decide and everything you do in the diary helps ensure your actions will stand scrutiny.

    if these things end up in court, you will win as a layman if you can show you've been reasonable at every step - the diary will show you did this
     
    Last edited: Jun 7, 2011
  17. Gucci

    Gucci Hardcore MB Enthusiast

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    There's no way you're personally liable for this. Solicitor chancing their luck for a quick settlement without the hassle of going through the big insurance companies who'll wade through treacle.
     
  18. Dryce

    Dryce MB Club Veteran

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    Go with 300CE's advice and contact Aviva and then arrange to send the materials to them. I would suggest you copy the materials before forwarding them

    I would also check all the details and look for administrative errors (eg. wrong time or date or name or other detail) or other material error and make a note of them.

    Contacting the solicitors who sent it is unlikely to be productive and may cause problems with your previous insurer. Chances are they're trying to bounce you or your insurance company into some sort of settlement so they'll brass neck it.

    This sort of thing is an unfortunate side effect of the government trying to improve the handling of smaller claims in England and Wales. The unintended consequence of streamlining the system to make it better is that it also makes it easier for the seedier end of the claims market to try their luck.
     
  19. OP
    OP
    kusanku

    kusanku Hardcore MB Enthusiast

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    Thanks again everyone. I intend to photocopy everything and sent to Aviva this morning. There are a number of things in the document that are incorrect. For instance, they are now saying that we collided with the third party twice, writing off his vehicle!!! This is utter nonsense, and it is the first time that they have claimed this. They also state that I was the driver, whereas my wife was in fact driving and I was the passenger. Fortunately I have kept copies of my letters to Aviva, although I have nothing from them as they consistently failed to put anything in writing despite my requests. This was one of the many things I complained about, but as I said they also failed to respond to my complaint. Aviva always claimed they never received any of these letters, so this stuff definately goes recorded delivery.

    Once again thank you everyone for your advice. I feel much easier about things now.
     
  20. nick mercedes

    nick mercedes MB Club Veteran

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    If you were actually being taken to court would the papers not have come from the court?

    Sounds like they are trying it on, but as others have said just pass it on to your insurers.
     

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