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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69775
Experience:  Over 5 years in practice
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hello there, I parked my car in a carpark, went to the

Resolved Question:

hello there,

I parked my car in a carpark, went to the pub and walked home. In the morning i returned to it wrecked. The claim was put in 9 weeks ago and today they have come back saying a) they will not pay, b)I owe them costs for investigating and c) denied insurance on all the other policies that I'm on. The grounds for refusal are due to the car having mud in places and an independent forensic engineer deciding that the most likely scenario was that the car was driven into a ditch and returned to the carpark. We did have pieces of the car that had come off but on collection, they were not taken and so were thrown away. Inspection of these parts were done entirely by viewing of photos. What should i do?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

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

What would you like to know about this please?
Customer: replied 2 years ago.

I would like to know how if i can challenge this and so that even if they refuse to pay, i don't owe them anything and my insurance isn't denied

Expert:  Jo C. replied 2 years ago.
Who have you claimed against?
Customer: replied 2 years ago.
Admiral
Expert:  Jo C. replied 2 years ago.
The insurance company?
Customer: replied 2 years ago.
Yes
Expert:  Jo C. replied 2 years ago.
You really only have two options.

You either sue the insurance company or refer the matter to the Financial Ombudsman.

Obviously, the Financial Ombudsman service is free but it is not particularly quick.

There are costs involved with suing the insurance company and if your claim is over £10,000 and you lost for any reason you could face paying not only your own legal costs but the insurance company legal costs.

What you have to do is look at the evidence and see which way the judge would think that it looked because the evidence is the only thing the judge has to go on and if the evidence would make you think the car had been driven into a ditch then the chances are that any court case would fail.

The judge decides matters like this on the balance of probabilities and therefore it is decided by which version of events the judge prefers.

I'm sorry if this is bad news for you.

Can I clarify anything for you?
Jo C., Barrister
Category: Law
Satisfied Customers: 69775
Experience: Over 5 years in practice
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