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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69371
Experience:  Over 5 years in practice
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I am Somaraja xxxxxx,

Customer Question

I am Somaraja xxxxxx, i had minor accident in Feb 2015. On 2nd Feb 2015 i was doing my car reversing at my flat underground parking, there was an empty parking place behind my car, usually in that parking nobody parks as some of the parking place occupied with dust bin, but on that day one old scooty was parked there. I couldn't notice that scooty when i was reversing my car, scooty was hit by my car slowly and fallen down, then i have noticed a dent at one side of scooty. Immediately i have informed the same to our apartment concierge and owner of the scooty. Owner of the scooty name is ***** ***** said she purchased that scooty for 650£ and on top of that she paid some insurance, so she asked me to pay 1000£ to settle the case out of insurance company. But i said i will go with insurance company only and straight away i called XS Direct and notified about the incident, they said all details and said that they will come back to me. After few days i have inquired about process of the claim, but i didn't get correct information, then i tried messaging scooty owner, she didn't replied me back as well.
But after 7 months of incident on 12th Sept 2015 i got a letter from XS Direct (my insurance company)saying that whole claim was 4848£, so i have to pay excess 3000£. Is it fair as insurance company not bothered to notify me about claim process with in 7 months and they took lot of time to come back to me. Tell me one thing, for 650£ worth of bike i have to pay 3000£? Is it meaningful? I called XS Direct about this letter and they said that 3rd party repairer kept bike for around 55 days to repair and for all those days scooty owner took vehicle on hire. The cost of vehicle hire is 3600£ and repair costs are around 800£. Tell me one thing as insurance company do they allow to 3rd party repairer to keep the scooty for 55 days for minor repairs, even big car repairs people hardly taking a week to finish this. As you haven't bothered about the scooty repair progress, repairer simply kept the vechicle with him for nearly 2 months and for those 2 months she took vehicle on hire, as insurance company don't they take responsibility to get the vehicle back on time and inform your customer on claim progress. See you are coming after 7 months of incident and asking me to pay 3000£ excess and as you know how can i pay this much huge amount for 650£ worth of old scooty.
I raised a complaint with my insurance company couple of months back and today they sent me investigation report and they confirmed though they reduced on full amount still i have to pay 3090£. Seems it is like a scam and it any cost they want to charge high amount for small accident. Can you kindly help me in this.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.

Thank you for your question. My name is ***** ***** I will try to help with this. What would you like to know about this?
Customer: replied 1 year ago.
Hi Jo, As you see my case this is so unfair, for an old scooty they are charging so much. Can you please help me how to come out of this problem legally?
Customer: replied 1 year ago.
I am really don't know anything to whom i should approach regarding this case, kindly help me in this.
Customer: replied 1 year ago.
Jo, please advise me
Expert:  Jo C. replied 1 year ago.
Yes, I just need to know what your question is?
Customer: replied 1 year ago.
Hi Jo, i have already said what the issue is, i just want to know how can you help me in this? I am not getting why you keep asking what the question is, i explained the situation i am in. I want your kind help to relieve me from these high charges that insurance company is putting on me for a scooty small repair.
Expert:  Jo C. replied 1 year ago.
Yes, I've read the facts.
What is your question about this?
The essence of this appears to be that you are being asked to pay the excess on your policy? I'm not sure what you wanted to know?
Are you asking if you have to pay? If so, why shouldn't the excess apply?
Customer: replied 1 year ago.
Jo, thanks for replying me back. For a small scooty repair does the repairer will take months and insurance company kept quite for the whole time, at the end they said they took months to repair. Don't you think this looks like some scam? Scooty worth is around 850£, but now they are putting me charges 3000£. I don't know what else i should talk to insurance company, that is why i have registered here and asking your kind assistance.
Expert:  Jo C. replied 1 year ago.
I am afraid I'm not sure that I can agree it is a scam. Remember, the total claim will not be the cost of repair. There is probably a claim for consequent losses as well. If you do have an excess on your policy then you are liable to pay it. £3k does seem on the high side. I have never known an excess that high but if it is what you agreed then it is binding. Had you posted earlier I would have told you that if your excess was £3k then it would have been worth settling out of time. You can always complain to the Ombudsman but it comes down to the sum of your excess. Can I clarify anything for you? Jo
Customer: replied 1 year ago.
Thanks Jo, anyways i can't expect nothing out of it.
Expert:  Jo C. replied 1 year ago.
it depends on the sum of your excess. It would be worth checking your policy. It does seem rather high. No problem and all the best. Please remember to rate my answer. Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jomo1972’.

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