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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45315
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have a claim against me to a total of £22,000 as the

Resolved Question:

I have a claim against me to a total of £22,000 as the result of an RTA on 4th July 2012 Unfortunately and with extenuating circumstances I found myself unknowingly to be uninsured with Saga. Any help would be gratefully accepted. Yours, Thomas XXXXXXX

Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

What is the claim specifically for? Damage to the vehicle, personal injury?
Customer: replied 2 years ago.

I believed that I had already paid for damage to the third party vehicle to the sum of £4,197.04 and £879.56 legal fees to HJB claims solutions. These sums were paid on 26/08/13 and 04/09/13 respectively.


 


The latest claim is from DWF and is for supposed injuries, hospital fees and legal fees from four different claimants. I have requested more details from DWF on these claimants individually but after seven days and two more emails, no reply.


 


As a result of the accident and with no cover from Saga I have had my vehicle written off with a estimated value of £3,500.00

Expert:  UKSolicitorJA replied 2 years ago.
Thank you.

Unfortunately not much you can do other than to try and defend the claim or settle the matter out of court as the claimant has 3 years to bring the court in claim from the date of the accident I.e. They have until 4 July 2015 to file court proceedings for the personal injury.

You are in a very difficult position as you are not insured and perhaps you can try and dispute why Saga is not covering you for the incidence.

May I help further?
Customer: replied 2 years ago.

Having taken note of your answer I am disappointed in that I could have received the same answer from any man, woman or even a child in the street.


 


I trust that I will not be liable to a fee for this information.

Customer: replied 2 years ago.

Although accepting your apology I still require a solution to this query. Also I have always thought that the ombudsman was a government approved and registered authority to deal with complaints against individuals or companies. I look forward to your response.

Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question instead. May I ask why you had no insurance cover - what was the reason you found yourself uninsured?
Customer: replied 2 years ago.

Hello Ben, I Will get back to you shortly as I am awaiting information from other parties. Is there any way we can converse by phone as my explanation could result in a new War and Peace.

Expert:  Ben Jones replied 2 years ago.
Hi this is only an online service I'm afraid. Also I just need a brief summary of what happened, thank you
Customer: replied 2 years ago.

Good morning Ben, the reason I was uninsured came about because of a ferry cancellation from Spain which resulted in me returning home on my desired date. There was no mail or correspondence from Saga motor insurance about renewal of policy which I have always paid in full from the incept of cover. Numerous calls to them came back negative as they had not received confirmation of renewed cover.


My gripe is that there should have been at least a letter informing me that cover would expire.

Expert:  Ben Jones replied 2 years ago.
Hi, thanks for getting back to me. There is no formal legal requirement on insurance companies to send a reminder letter advising you of the upcoming expiration of your policy. There has been advice issued by the Information Commissioner’s Office in the past which dealt with automatic renewals where it is considered goof practice to send a reminder letter advising the customer of the upcoming renewal and giving them the option to decide against it, but this is not the case here because there was obviously no automatic renewal and the policy expired and the end of the original term. So from a legal perspective, they have not acted unlawfully by not sending you a reminder letter. Ultimately, it is up to you to ensure that you were insured at the time you drove the car and the final responsibility rests with you in this case.

Nevertheless, you are able to raise this issue with the Financial Ombudsman, if you believe that the insurance company has not acted appropriately in this case. This is a free service and the worst that could happen is that you are told you have no case to take further, so there is little to lose in that respect. Before you go to the Ombudsman you are expected to pursue this through the insurance company directly and use up their full complaints procedure and only once you have received their final response can you go to the Ombudsman.

If you wish to take the matter to the Ombudsman, here are the details on doing so:

http://www.financial-ombudsman.org.uk/consumer/complaints.htm

I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45315
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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