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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Can I take out a court order myself to seek an insurance claim

Customer Question

Can I take out a court order myself to seek an insurance claim for court costs. the amount owed is approximately £30,000
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

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

-Could you explain your situation a little more?

Customer: replied 3 years ago.

The case is quite complicated. in a hunting accident a rider who was kicked by a horse ridden by my ex . I was the horse's keeper so she tried to claim against me on a no claim no fee. I was living on a smallholding awarded me in my divorce settlement and had insurance cover, but had to go to the financial ombudman for a decision. However after about 4 years the case was dragging on with spiralling costs. I think I paid out about £61,000 of which I have received back through the courts only.

I anm only interested in pursuing the insurers, who have said that I "have received enough money". My insurance policy covered me for costs up to £70,000

Expert:  Jo C. replied 3 years ago.
Sorry for the delay. I was running around this afternoon.

If the claim was made against you, what did you pay £61,000 for?

What are you trying to recover from the insurance company?

What were the costs of the claim?

What was settled?

What was the cost to you?

What did you pay solicitors?

What did the insurance company pay?

Customer: replied 3 years ago.

claim originally against me as keeper of the horse, but financial ombudsman decided also that my insurers were responsible to pay my legal fees from my home policy. however, I was advised that I should keep employing and paying the solicitor who I had taken on when i did not appear to have cover on my insurance policy rather than the insurer's solictors. thus I continued paying out in the expectation of being reimbursed most of my costs at the end. I paid out over £61000 in solicitors fees. I received from the court not the insurers £25000. this came about because the woman whose leg was broken was responsible for my costs. but had some kind of insurance in case she lost her claim . she had no money and the £25000 I received from the court was rediverted to me as her court costs were being paid by my ex who was riding the horse at the time. Very complicated as I am still out of pocket by over £30000. My insurers decided by the financial ombudsman that my policy with them made them resoponsible for my costs. So far the insurance company has contributed nothing towards my costs in spite of being responsible and consider "that I have received enough". Which is where I started I want to take the insurers to cort to claim as much of my legal fees as possible, but am reluctant to shell out any more legal fees

Expert:  Jo C. replied 3 years ago.
I am sorry but I am not sure what has happened here so I'll opt out for others.
Expert:  Ash replied 3 years ago.
Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

I see the expert has opted out - do you still need help?

Customer: replied 3 years ago.

Yes I do need help to take out a court order against my insurerer for my court costs of approximately £30,000 which are outstanding. The financial ombudsman looked at the insurance policy for a few months before deciding that I was covered for court costs of up to £70,000 as the policy stated. The claimant was kicked by a horse and half owned and was keeper of. The insurers were trying to deny that the policy covered this incident.
The insurers were always reluctant to accept that my policy covered me in this instant, so I had been paying for a solicitor until then myself. at that stage I had paid about £30.000. Because the case had been ongoing for at least a couple of years, it was decided that my solicitor should represent the insurers instead of their own team. I lack knowledge as to what was the best choice so agreed.

The claimant was an Irish horsedealer and was constantly changing her no claim no fee solicitors/barrister so it was a nightmare. It was eventually decided that the claimant had no case against me as to reponsibilty or knowledge of the horse's nasty character. Thus she was reponsible for my costs.

I have been paid only £25,000 from the court with an outstanding £30,000 plus therefore as I have insurance cover for costs I want to have one try myself to be awarded more money from the insurer and try without more large legal fees of taking them to court myself. Please advise.

Expert:  Ash replied 3 years ago.
Was there Court proceedings or just an Ombudsman finding?

Customer: replied 3 years ago.

The money I am seeking to be reimbursed is from me paying for court proceedings through the solicitor I originally employed. The financial ombudman ruled that my insurance policy covered court costs in this incident. In hindsight I feel I was "tricked" by the insurance company into continuing to use the original solicitor rather than the insurer's team, thus continuing to pay fees but when it came to agreeing a sum from the insurers they "melted away" stating I had received enough - £25,000 when I was out of pocket to the sum of about £60,000. My original question - how and can I take out court proceedings to try and claim more reimbursement from the insurers?

Expert:  Ash replied 3 years ago.
Did the Court not award costs for you?
Customer: replied 3 years ago.

Yes I was awarded £40,000 but only received a total of £25,000 as as the insurers of the solicitors for the lady who originally started the claim but eventually lost her case against me. I will need a bit more time to go through all the old solicitors letters to give you more details. I may have time on friday otherwise it will be next Monday. as was stated in this letter not only were yhese insureres trying to avoid paying up but also so were my insureres in spite of the financial ombudsman decided their responsibility to me their client.

Expert:  Ash replied 3 years ago.
Yes you can take Court proceedings to recover the difference.

You can issue a claim for £15,000 which is the difference between what the Ombudsman found and the amount not recovered.

So yes, you can issue Court proceedings.

Can I clarify anything for you about this today please?


Customer: replied 3 years ago.

So I can claim £15,000 thrugh the courts that I did not receive. firstly how do I do this? Also, can I take my insurer to court to try to retrieve more of the £61,000 total that I have paid out in legal fees. My policy covered me for up to £70,000. How do I do this?

Expert:  Ash replied 3 years ago.
You would need to make a claim

I sadly you could try and claim the other expenses but given the ombudsman only found limited fees you may not be able to recover them all,


Expert:  Ash replied 3 years ago.
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