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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
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
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.
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?
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.
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?