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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I damaged my vehicle by unavoidably hitting tyre debris in

Resolved Question:

I damaged my vehicle by unavoidably hitting tyre debris in the middle lane on the M60. To have swerved to avoid it could have caused a far more serious accident. The Police and highway authority have provided details of the vehicle from which the tyre came and their insures have accepted in writing that it was from their inured vehicle. They are however claiming it was an unfortunate event which he could not have known was going to happen and are not accepting liability. My insurance company have decided not to take the matter further and I now have a "fault claim". I am not happy as I feel the insurance company are simply closing the claim on cost grounds. The damage to my vehicle cost them £800. I can't understand how the driver of the vehicle who admits the tyre debris came from his vehicle is not liable. Any advice greatly received.
Peter Ballard
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Peter my name is ***** ***** I will help you.
Alex Watts : Do you have details of the other driver?
Customer:

We have the VRM number of the vehicle and our insurers have made contact with the driver's insurance company and had a response form them accepting their insured was responsible

Customer:

Are you waiting information from me?

Alex Watts :

Are your own insurers going to pursue the other side?

Customer:

They have written to say they are going to close the file and that we will have to accept "a fault claim"

Alex Watts :

OK, you can issue proceedings yourself against the insurer if you know who they are

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.



If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.



The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.



If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation .



Can I clarify anything about this today please?

Customer:

Can I write to my insurers to say if they will not pursue the other party I will complain to the insurance Ombudsman?

Customer:

Can I request my insure to reopen the file - if they refuse can I complain to the insurance Ombudsman?

Alex Watts :

You can, but its a matter insurance company. You cant MAKE the insurance company pursue it

Alex Watts :

In your policy it will state its a matter of their discretion

Alex Watts :

But you can issue a small claim, its a straight forward process

Customer:

Can I ask my insurers to reopen the file and if they refuse complain to the insurance Ombudsman? Are they required to give me the name of the third party insurers?

Alex Watts :

You can yes. You will have 3 years to bring a claim against the other insured.

Alex Watts :

Yes they should give you the details of the other insured. If they refuse you can seek a Court order compelling them

Alex Watts :

Does that help?

Customer:

Thanks that is not necessarily what I wanted to hear but it has clarified things

Alex Watts :

Indeed. I can only tell you what the legal procedure is sadly.

Alex Watts :

Can I clarify anything else ?

Customer:

Thank you help

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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