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Ask James Mather Your Own Question
James Mather
James Mather,
Category: Law
Satisfied Customers: 22629
Experience:  Senior Partner at Berkson Wallace
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I was involved in an accident in june 2011, i was not to blame

Customer Question

I was involved in an accident in june 2011, i was not to blame Hit from rear nearside quarter by foriegn registered lorry, driven by impact into fast lane, spun and crahed. following Eddie Stobart driver stopped and said he would stand witness for me. hertfordshire police attended and interviewed drivers and i was taken to Watford General hospital suffering from bruised chest loosened teeth and whiplash, Foriegn lorry owners contacted me and took responsibility, since then i have had no setelment from my insurers (Sheilas Wheels) I have had to pay for my dental work and lost earning due to having no vehicle, i wasnt allowed a coutesy as my much cared for, low mileage car was deemed a "write off" With all the supporting evidence that exists it should have been an "open and shut case" am now at wits end. Please help
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

How can I help with this please?
Customer: replied 4 years ago.

For Jo C. Oh! i thought i was talking to an insurance ombudsman, i want to be pointed in the direction to get this settled by bringing pressure to bear on the car insurance company to settle what you must admit is a drawn out action

Expert:  James Mather replied 4 years ago.

I have been asked to look at this as I'm an insurance specialist. Are you hoping to force them to bring it to an end.

Are you fully comprehensive?


Customer: replied 4 years ago.

Hi, i paid my premium to protect me in the event of an accident. A "no blame to me" event, and all the positive evidence for a sucessfull prosecution of the other party what more do you need to know? Please give me information that i require

Expert:  James Mather replied 4 years ago.

The first thing I will tell you is that even if you are fully
comprehensive, your own insurance company will not recover what are known as
uninsured losses. Uninsured loss of insurance excess, personal injury, no claim
bonus, expenses, and car hire while your car is damaged (unless you have car
hire as an extra).

You may have legal expenses cover and you need to check that. Even
if you do have legal expenses cover which covers the above, you will be put
into a sausage machine with a firm of solicitors somewhere who are only
interested in getting your case their desk and getting any fees in possible.
They will have no interest in dealing with it unless you use them for personal

The personal injury and the issue of the prosecution of the
driver are separate issues and the insurance company will not settle while
prosecution is pending just on the off chance that he gets away with it. Even
if he gets away with it, it does not mean that you don't have a claim, it's
just that for some strange reason, the insurance company will always delay
dealing with it while there is a prosecution pending. People who have been in
an accident think that a prosecution pending is favourable whereas the reality
is that it just delays things.

I would speak to a completely independent solicitor you might
want to try this firm. Mention that you came from me on this site

I have personal experience of the firm although I am not allowed
to recommend firms, it is worth speaking to them.

They will deal with this type of accident on a no win no fee
basis the problem is the delay may be inevitable . They will not only deal with
getting compensation for your injuries (for which they get paid their legal
costs by the defendant) will also recover your expenses, arrange car hire,
refund policy excess, et cetera.

Unfortunately, you are not entitled to a hire car period of time
until the claim settles. The court believe that you are under a duty to
mitigate your loss and that includes getting yourself a replacement car as soon
as possible even if you have to pay for it yourself. I completely and utterly
disagree with the standards that the court take this but I don't make the law,
I simply regurgitate it. About one month car hire is probably about as much as
you could get away with

isolation, to ascertain whether he is taking liberties or not.

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Customer: replied 4 years ago.

you say the link is still open, and i sent you a further question yesterday to which i have received no reply

Expert:  James Mather replied 4 years ago.

The only question I have is the one shown in this thread above. Can you please repost?