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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I got rear ended last august the guy admitted liability and

Resolved Question:

I got rear ended last august the guy admitted liability and I was paid out in personal injury but having a lot of problems getting my car fixed the insurance company are refusing to repair all the damage there saying it wasn't all caused by the accident but it was and I'm out of pocket about £400 on my insurance plus I'm having to chase the claims people all the time can I take legal action against the guy who crashed into me or the insurance company car has been damaged months now
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

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

Alex Watts :

please let me know whether they have gotten an engineers report about the damage?

Customer: Had 2 engineer reports there conflicting with what ford are saying which is that the tailgate is a crumple zone the tailgate wasn't hit directly but crumpled from the impact ford are saying that's consistent with a shunt also I'm a tech all my life and I worked years I know ford are right the insurance guys are wrong
Alex Watts :

So the reports you have, does it say that the damage was caused by the accident, rather than by the impact itself?

Customer: One engineer didn't even notice it when he inspected it the other made he's assement from the first engineers report he didn't even look at the car until I pointed out they'd missed it but the guy had said it wasn't From the accident without looking ford were the only ones who noticed the crease in the tail gate there saying its nothing to do with the accident but the cars never been hit before
Customer: Sorry insurance company's saying it nothing to do with the accident ford saying this is consistent with a rear end shunt
Alex Watts :

Ok, what you need to do is formally write to the insurance company and raise a complaint, they will investigate this through their complaints procedure which should hopefully resolve the matter. If not then you can complain to the Financial Ombudsman, they consider complaints with insurance companies. They are free, independent and can be found at: www.financial-ombudsman.org.uk - but you needed to have had a final response from the insurance company before you go to the Ombudsman. That should hopefully resolve your complaint. You could of course let them carry out the work and sue difference in cost but you may be better off avoiding Court

Alex Watts :

Court may involve Court fees and may drag out the matter

Alex Watts :

Can I clarify anything about this today please?

Alex Watts :

There may be fees involved and it may delay the process

Customer: What about expenses I've incurred as a result of the accident my insurance went up I had to pay extra while claim was unresolved that I never got back also travelling back and forward to fords and about twenty calls and emails can I recoup this anyway
Alex Watts :

You should get that back if it was at fault. However in terms of paying a higher premium if you have ever been involved in an accident even none fault your premiums can raise and sadly you can't claim this back

Alex Watts :

Or the alternative is you take the insurance company to Court damage and losses

Alex Watts :

Any claim under £10,000 will be a small claim if there is no personal injury element which you say has been settled already

Alex Watts :

You can issue a claim online www.moneyclaim.gov.uk

Alex Watts :

Does that clarify matters?

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