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Nicola-mod
Nicola-mod, Moderator
Category: Law
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Experience:  Moderator
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Hi a few months ago I was involved in a car accident. I was

Customer Question

Hi a few months ago I was involved in a car accident. I was not at fault and liability was admitted by the 3rd party. My insurance company took my car away for repairs and the garage provided a hire car through another company (accident exchange). Meanwhile my car was returned to me in terrible condition (Aston Martin, but lights were leaking, aerial missing, additional scratches on the car etc). Delivery was scheduled a number of time and I took days off to receive the car at personal cost but the car did not arrive. Now my insurance company are not dealing with my injury and car claim as they say another 3rd party is dealing with the claim (accident exchange) which they are not. I need my insurance company to fix my car and also compensate me for my injuries (plus wife). I have been ripped off and need help - do you have any advice for me please? I would like to start legal proceedings if possible. Regards Av
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
Alex Watts : What are your injuries and recovery period please?
JACUSTOMER-x78kik22- :

Hi Alex

JACUSTOMER-x78kik22- :

my wife had whiplash and also fractured her toe - I had cuts and also had whiplash and injuries around the shoulder and knees...

JACUSTOMER-x78kik22- :

we sustained these in August...

JACUSTOMER-x78kik22- :

and my back is still hurting me

Alex Watts : If you issue proceedings it would have to be against the driver for personal injuries. You don't want to do that as there is a special protocol and procedure to follow, so you want your insurance company to do this.
Alex Watts : You need to write formally and set out your position to the insurance company.
JACUSTOMER-x78kik22- :

Ok can you help me with this?

Alex Watts : If they still refuse to do this then you need to complain to the ombudsman.
Alex Watts : Their website is www,financial-ombudsman.org.uk
JACUSTOMER-x78kik22- :

I have tried to explain but they simply are not listening

Alex Watts : Sorry site rules prevent me from being instructed as this is a question and answer site.
Alex Watts : Go to the Ombudsman then.
Alex Watts : But you can go to a no win no fee solicitor to help with the perosnal I jury claim.
Alex Watts : This does not need to be through your solicitor.
Alex Watts : Most solicitors offer this and I am sure you have seen plenty of tv ads !
Alex Watts : So do that
JACUSTOMER-x78kik22- :

ok that's the injury side..

JACUSTOMER-x78kik22- :

but the car repairs?

Alex Watts : 1 - write formally and complain
Alex Watts : 2 - Ombudman
Alex Watts : 3 - PI solicitor
Alex Watts : The car
Alex Watts : Get 3 quotes to get the work done by other garages.
Alex Watts : Pick the cheapest quote as that is your loss
Alex Watts : You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy. If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court. The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce. If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation. Can I clarify anything for you about this today please?
JACUSTOMER-x78kik22- :

that's great Alex...

JACUSTOMER-x78kik22- :

its a good start..

JACUSTOMER-x78kik22- :

I appreciate your help.

JACUSTOMER-x78kik22- :

Thank you

Alex Watts : If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’. Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
JACUSTOMER-x78kik22- :

brilliant - I will do

JACUSTOMER-x78kik22- :

thank yo

JACUSTOMER-x78kik22- :

you

Alex Watts : Thanks
Expert:  Nicola-mod replied 2 years ago.
Hello,

Just a quick reminder, there is an unrated answer waiting for you here from the Professional.

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Thank you,
Nicola

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