How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask tdlawyer Your Own Question

tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
73598664
Type Your Law Question Here...
tdlawyer is online now

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: 2 years ago.
Category: Law
Expert:  tdlawyer replied 2 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.

tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience: 11 years experience of general practice.
tdlawyer and 2 other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice