How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

i have a 3 years no claims, but in Sept 2014, a car ran into

Customer Question

i have a 3 years no claims, but in Sept 2014, a car ran into me and the driver ran away. Police were called to the seem, the car was detained by the police and case was investigated. I contacted my insurance company with all the detains and it is clear that i was not my fault, however my insurance company was not able to claim from the other parties insurance as they alleged the car was stolen. my insurance has now said since they were not able to claim from other party the blame it be passed onto me and my no claims will be affected. I am currently looking for another Insurance on another and want to use my no claims. Akthought, i have requested my insurance company to put that inforamtion to me in writting.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name ismalwzmans will help you with this.
Alex Watts : For now please let me know whether you have any details of the other driver please?
JACUSTOMER-1uh8dpws- :

Yes, the police were able to provide the name of the registered keeper and Thierry insurance company.

Alex Watts : What you have is a no claim policy, not a no blame policy.
Alex Watts : This means that even if it not your fault, if there is a claim it will affect insurance
Alex Watts : but in terms of any loss or claim to your car you can claim against the other drive f
Alex Watts : driver
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.
Alex Watts : 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.
Alex Watts : 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.
Alex Watts : 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 for trial.
Alex Watts : Can I clairfy anything for you about this today please?
JACUSTOMER-1uh8dpws- :

thank you for your responses.

JACUSTOMER-1uh8dpws- :

my insurance company valved my car at £1100 after the accident and they agreed that the car will be a total loss, so they issued a cheque of 590 less the excess on my insurance of 600. i have not cash the cheque , but now that my no claims bonus will be affected and getting a new insurance will be at a high rate. so what would you suggest i do now, to return the cheque to them and they restore my no claims or what ?

Alex Watts :

Yes I would do that and go via the Ombudsman if they refuse

Alex Watts :

Does that clarify?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


If the system won’t let you please click reply.



Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/