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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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Hi there! At the end of the summer I was parking up my car

Resolved Question:

Hi there!

At the end of the summer I was parking up my car on the drive , after driving home from Cardiff a journey of some 20 miles. As I was parking I noticed smoke or steam coming from the engine bay of my car . On investigation it was aberrant the car was on fire I then Extinguished the fire using fire extinguisher from my garage .

When then contacted our insurance company and the arranged collection for examination . I spoke to the examiner over the phone and he reported he could not find any damage. He also reported that the car would also still start . And reported the car as a 'no claim' back to the insurance company . The car was then sent back to me with notices posted on the windows , 'THIS CAR IS NOT TO BE DRIVEN'

I have since taken the car to an independent garage to have it overhauled. The garage have since reported back to me that there was 'fire damage' to the car and I will need to replace the inlet manifold . And some wire repairs will have to be done.

My questions are;
I have paid for fully comprehensive insurance and if I had let the car burn I would of had a full pay out!
They collected the car and clearly stated on the car it was not fit for purpose??
I am now confused to how to handle the situation . The insurance company took my money for the cover . Have informed me not to use the car but have also told me no claim?? Was it my fault for putting out the fire??
I have asked the independent garage if they can produce a report on their finds and I am of a mind to challenge the insurance company as I think they have a claim to address.
Regards XXXXX [email protected]
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

tdlawyer :

First of all, you're absolutely right to get an independent garage to report their findings.

tdlawyer :

Secondly, you were right to not let it burn completely!

tdlawyer :

What is the insurer's formal position - will they not pay out at all now?

Customer:

Hello Tony

tdlawyer :

Hello.

Customer:

They were very vague with their response and it dragged for a couple of months . Then after calling them they informed me that it was a no claim and to make arrangements to pick up the car.

tdlawyer :

Okay. You need to make it clear to them, as you have done in this question, that there is in fact a claim and that you expect to be paid out. You should do this in writing/email.

Customer:

Rhight

tdlawyer :

Then, if you get nowhere ...

tdlawyer :

You should ask them for their final response.

tdlawyer :

They must provide this when you ask for it. Basically, you would then be entitled to raise a complaint with the Financial Ombudsman service, and he can then review the insurer's decision and they was they have behaved in dealing with your claim.

tdlawyer :

He has the power to require them to pay up, or alternatively, to award general compensation for the way it has been dealt with.

tdlawyer :

You can find the website for the Ombudsman here: http://www.financial-ombudsman.org.uk

Customer:

What should I expect from them in way of a settlement ??

tdlawyer :

Usually the value to repair or, where repair is not possible, the market value of the vehicle itself.

Customer:

Yes was not sure, because if it was proven to be mechanical fault would I not be then liable??

tdlawyer :

No, usually these things are covered on the insurance when it results in fire damage. This is usually always covered but you do need to read the terms of your policy to check.

Customer:

Ok thanks for your help!

Customer:

Regards

tdlawyer :

Thank you!

tdlawyer :

Have a good weekend.

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