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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70209
Experience:  Over 5 years in practice
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Good morning, I was involved in a drink driving charge and

Customer Question

Good morning, I was involved in a drink driving charge and was sentenced to a 19month ban this was on the 12thMay2012. I have now got my licence back . Admiral who I was insured with have demanded payment for the sum of £2.356.33 from me as settlement for the costs they paid the third party, I received this bill at the beginning of this month 19 months after the incident. at the time the officers arresting me told me the car I had hit which was stationary and not occupied had minimal damage, they took photos as evidence.
I have been in contact with Kent Police Legal Services Dept. they have informed me there are photos, I have paid £38.31. for these photos and statement and awaiting their delivery.
Could you please tell me why this has taken over 19months to come to light and are Admiral out of order taking so long. Regards Mr.H.K.Lewis.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What would you like to know about this please?
Customer: replied 3 years ago.

H i, I wish to know the following are Admiral out of order taking so long to inform me. Also Admiral informs me that the photos the Police took will not be valid for proof of the damage I caused, the letter I received with the demand was the only communication I received from Admiral during this time.

Expert:  Jo C. replied 3 years ago.
Thanks.

Many insurance policies now give insurance company the right to recover any money they pay out under the policy, if the person who has the policy is convicted of drink-driving and the accident led to that conviction.

They will pay out any third-party damage but will recover that from the driver that was over the limit.
There is no reason why Admiral should have delayed in this respect but they actually have six years under the Limitation Act 1986 to chase you for this money from when it becomes due.

The only issue therefore would appear to be whether the amount they paid out in the sum of £2356.33 was the value of the claim or whether it had been inflated by the claimant. Whether the damage was worth that much or not would come down to evidence.

Even if the back bumper was damaged on a modern car, that will easily set back £1000 for minimal damage.

You are entitled to ask for photographs and estimates for repairing the damage which were what the insurance company based their payouts on.

Ultimately, if you do not feel that the claim has been settled correctly, you are entitled to refer the matter to the Financial Ombudsman as a complaint.

Can I clarify anything for you?

Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi sorry for delay but if I refer this matter to the Financial Ombudsman will it be very expensive. Oh I left you a tip but not sure if you received it. Regards . Taff Lewis. Henry.

Expert:  Jo C. replied 3 years ago.
Not at all. Fortunately, the Financial Ombudsman service is free although the good news is that the insurance company have to pay a (non-recoverable from you) fee!

Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/


Customer: replied 3 years ago.

Hi thanks for your help, will I have to inform Admiral of my intentions to involve the financial ombudsman. Regards Taff. Henry.

Expert:  Jo C. replied 3 years ago.
You should really exhaust the complaints procedure of the insurance company before referring it to the ombudsman.

However in my experience, all that will do is unnecessarily delay things because if the insurance company has already decided they want this amount from you, they are unlikely to change their minds simply because you have made a complaint.

It is the amount that you are challenging not the right to recover the money although it is worth checking the policy in that respect with regard to drink-driving offences in particular. Unless it says that they can recover that money in respect of drink-driving offences, then they cannot.