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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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Hi I insured my lorry with a broker who used an insurance

Resolved Question:

Hi I insured my lorry with a broker who used an insurance company. I had to make a claim. The broker instructs that you use their claim service and they then pass to the insuer and the broker over sees it and deals with any issues if they fail. The insurer did not process the claim or pay it out so I had no option than to take the broker to court. The reason I did this was because the monies for the policey were paid to through my bank to the broker every month. I did expect the broker to bring in the insurance company as a third defendant for failing in the policey conditions. The broker wrote to the court claiming that I could not take the broker to court and I must claim against the insurance company themselves. Because this was not filed in the form of a defence if it was a defence at all I got a judgement for the whole amount. The broker is not applying to set aside the judgement which I find strange they have not even tried to see why the insurance company have not settled the claim have I done it wronge?
Submitted: 3 years ago.
Category: Law
Expert:  Alice H replied 3 years ago.
Alex Hughes : My name is***** and I'm happy to help with your question today.
Alex Hughes : Your judgment was against the broker. The insurance company will not settle the claim as they were not involved in the proceedings. What you should've had done was added the insurance company as a Second Defendant.
Alex Hughes : Also if the insurance company did not pay out even though you had an insurance policy with them you should have complained to the Financial Ombudsman able fore issuing proceedings. It's not too late to make a claim against the insurance company. But if you sue them in the County Court you will not be able to go to the Ombudsman - you should go to the Ombudsman first then to Court.
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