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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am very concerned about the state of the wall, in that I

Customer Question

I am very concerned about the state of the wall, in that I am afraid someone may get injured as they pass, should I advise the insurers of this???
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Could you please explain the situation a little more?

JACUSTOMER-ac17d164- :

My wall was recently destroyed by a large van, the mans insurance company seem to be prevaricating about payment, taking time and asking for details to prolong the agony, I am very concerned that someone may be injured as the large stones from the wall are all over the drive and near to the road, should I inform the insurance company of this, as I am only third party I seem to have very few rights in this situation. The accident happened about six months ago and the insured accepted liability immediately but the insurance has yet to accept complete liability.

Alex Watts :

Ok - have you asked the insurers to indemnify you in the meantime please?

JACUSTOMER-ac17d164- :

No I didn't know how to do that or if it was necessary.

Alex Watts :

Would you be liable, in theory yes

Alex Watts :

So you should formally write to the insurers and set out your concerns re injury

JACUSTOMER-ac17d164- :

Then I must advise the insurance company asap???

Alex Watts :

Therefore if you write to the insurers you can ask them to indemnify you against any claim arising out of personal injury

Alex Watts :

Yes you need to notify them but do it in writing, not telephone or email

Alex Watts :

Take some pictures and print those off

Alex Watts :

They should write back and confirm they will indemnify you against any claim

Alex Watts :

If they refuse and someone is injured it is not a problem. If someone makes a claim against you, you would counter claim against the insurance company for failing to make it safe.

Alex Watts :

So either way you are covered

Alex Watts :

But it is better if they agree to indemnify you against any claim

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-ac17d164- :

No I am pleased with the reply I can now take steps to get them to indemnify me, many, many thanks.

Alex Watts :

Happy to help

Alex Watts :

Can I help with anything else today?

JACUSTOMER-ac17d164- :

That's all at the moment, I hope I don't have to bother you too much in future.

Alex Watts :

Indeed!

Alex Watts :

If this does answer your question might I invite you to rate my answer, the button should be at the bottom of the screen

Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Hello, I have had an estimate from the insurance company about the rebuilding of the wall which is 1584.95 and the builders estimate was 1920.00, do I have to accept the insurances/surveyors price or is there any alternative, like an appeal of some sort.

Expert:  Ash replied 2 years ago.
Get a number of quotes and you can pick an average. There is no appeal, I am sorry to say.
Alex