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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My brother was convicted of a drink drive accident

Resolved Question:

Hello,
my brother was convicted of a drink drive accident in Sep 2014. He was banned for 24 months and received a custodial sentence for 96 days. He totalled his 3,000 car, lost his job and his private rental house.
He has just received a letter from his original car insurance company asking him to sign an agreement that means they will represent him against two third party claimants. That he will also agree to reimburse them for all monies that they have to pay out in compensation. There is not figure on this agreement.
My brother accepts he was at fault but is in financial distress. He is already paying only token payments to both a loan company and a credit card of £7 per month. These will both be reassessed in the coming months. He is worried that if he cannot repay the insurance company they may send him back to prison. He has approached two local solicitors but they are asking for £140 for a 30 minute consultation.
I have suggested that he writes to his insurance company and explains that he is willing to reimburse but they would have to accept monthly instalments (that would be very low and would take many years to pay off).
Could you advise on his options, would he be better off retaining a solicitor?
Thank you.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Are they voiding insurance on the basis he was over limit please?
Customer: replied 1 year ago.

Yes his insurance was cancelled the day of his conviction. They have agreed to act on his behalf. He has heard from other sources (friends) that the two other drivers have received replacement cars and £3000 each for whiplash. I do not know how accurate that is though.

Expert:  Ash replied 1 year ago.
Do the policy terms allow them to cancel it on this basis?
Customer: replied 1 year ago.

Yes.

Expert:  Ash replied 1 year ago.
What injury if any did they suffer?
Customer: replied 1 year ago.

The insurance letter does not state anything other that a standard sentence reading, 'the third parties have either received injuries or sustained damage to property.

Expert:  Ash replied 1 year ago.
Ok. Well he will have to admit liability. If he gets his own Solicitor he will have to pay an hourly rate, so that could be quite a lot. The insurance company on the other hand will want to minimise any payment out because they know that they are unlikely to recover it for some period of time.
Assuming your brother hires a Solicitor and they do only 10 hours of work that is around £1750, which he could be better using to pay off any debt.
So I think he should allow the insurance company to deal with it.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.

Thank you for your help today. I will still tell my brother to inform the insurance company that he will have to pay in instalments.

Expert:  Ash replied 1 year ago.
Yes sadly. He can always dispute any charge with the Financial Ombudsman in any event who can investigate for the insurance company cancelling the insurance: www.financial-ombudsman.org.uk
Can I clarify anything else for you?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 1 year ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex

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