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UK-Justice
UK-Justice, Barrister
Category: Traffic Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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A truck collided with my car while it stood stationery by the

Customer Question

A truck collided with my car while it stood stationery by the roadside. It was declared a write-off by my insurance. I was not present at the time it happened, therefore no fault of mine. The police was called and the 3rd party details passed on to me. The 3rd party insurance accepted liability. My car was however on HP and I only had it for 4 months before the accident. The difference between the insurance settlement and finance still outstanding is £2000.

How do I go about claiming out of pocket compensation from the3rd party insurance?
Submitted: 3 years ago.
Category: Traffic Law
Expert:  UK-Justice replied 3 years ago.
Thanks for your question, my name isXXXXX will do whatever I can to help you today.

Did you insure it to the full value?
Customer: replied 3 years ago.

Hello,


 


The insurance certificate says market value.


 


Regards

Expert:  UK-Justice replied 3 years ago.
Thanks.

Then no, you can't go after the other party.

Your insurance is there to replace the vehicle of one the same age/condition.

Sadly you can not insist you get enough £ to replace the vehicle with a new one.

It must be like for like.

So no, you can not pursue them.

However if you dispute the value paid out you can complain to the financial ombudsman.

They are free, independent and can examine a complaint for free.

They can be found at:

www.financial-ombudsman.org.uk

I hope this helps and if there is anything else I can do to help you today please let me know.


Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
UK-Justice, Barrister
Category: Traffic Law
Satisfied Customers: 16193
Experience: Called to the Bar in 2007
UK-Justice and other Traffic Law Specialists are ready to help you
Expert:  UK-Justice replied 3 years ago.
I'm just following up with you to see how everything is going. Did my answer help?

UK-Justice
Customer: replied 3 years ago.


Hello,


 


Sorry for my late reply. Yes your answer was very helpful. I just a have another question relating to this incident.


 


I agreed a settlement with my insurance and a cheque for the amount was made sent to me. This however was done in error as the cheque should have been sent to the finance company with whom I have the HP agreement. I have decided to use some of the money to pay off the small loans I took to purhase a second hand car. The finance company is now persuing me for full payment of the claim even though I am still committed to paying my monthly installments.


 


Can the finance company threaten me a commence legal action against me if I don't pay the insurance settlement over to them?

Expert:  UK-Justice replied 3 years ago.
Yes.

You must pay for the whole 12 months.

So yes, they can.

I hope this helps and if there is anything else I can do to help you today please let me know.


Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.

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