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Buachaill, Barrister
Category: Law
Satisfied Customers: 10527
Experience:  Barrister 17 years experience
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My car was hit by a large branch in March and the insurance

Resolved Question:

My car was hit by a large branch in March and the insurance company wrote the car off. The branch belongs to a tree in the communal gardens and should be looked after by the housing association. I have lived in my flat for 6 years and there has been no tree maintenance in that time. Is there a case of applying to the housing association for compensation as I cannot afford another car?
Thank you
***** *****
Submitted: 10 months ago.
Category: Law
Expert:  Buachaill replied 10 months ago.

1. Dear *****, have the insurance company reimbursed you for the value of the car? Have you made an insurance claim? What is the attitude of the insurance company in suing the housing association?

Customer: replied 10 months ago.
Dear Buachaill, the car was very old although in perfect condition and I was awarded £600 by the insurance company. I was chasing the insurance company but have given up. I last heard from them on 27 May, "We've now received details of the full cost of your claim and sent these to the Third Party/Third Party Insurers to settle. We'll let you know once we've heard from them about liability".
Expert:  Buachaill replied 10 months ago.

2. At this juncture, you should send a reminder letter to your insurers seeking to have the claim paid out. Ultimately, it appears as if the claim is in process of being dealt with by your insurers and those of the housing association. So, it will merely be a question of time before full payment is received.

Expert:  Buachaill replied 10 months ago.

3. Be sure you put the reminder letter in writing. Don't phone as a record of a phone call is easily ignored. Instead, send a typed letter to your insurers. Send a second letter 14 days letter to ensure the matter is not ignored. It is merely important that you keep chasing the insurance company.

Expert:  Buachaill replied 10 months ago.

4. Be aware that ultimately, you can get a solicitor to write a letter on your behalf. However, i doubt it will get to this stage. There have been the summer holidays since May with many people away. So send a reminder letter and a further reminder letter two weeks after. Payment should ensue shortly after.

Expert:  Buachaill replied 10 months ago.

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