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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 13945
Experience:  Senior Associate Solicitor
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I have a claim against my car insurance company, and was

Customer Question

hello I have a claim against my car insurance company
JA: Where are you? It matters because laws vary by location.
Customer: and was wondering if maybe with a lawyer's help0 I could get more money my car insurance was cancelled without them notifying me I drove without it for 4 days
JA: What steps have you taken so far?
Customer: when I think what could have happened it had to apprehend
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I spoke to them and said that compensation is due for mishandling my claim they offered £30, the I told them no I might settle for £300, they told me no, but after one day they got back to me and offered all 300
Submitted: 21 days ago.
Category: Law
Customer: replied 21 days ago.
I'm in London UK
Expert:  JimLawyer replied 21 days ago.

Hello, this is Jim and welcome to JustAnswer. I will be the lawyer working with you today.
Sorry to hear of the issue. I will set out my written answer shortly.

Expert:  JimLawyer replied 21 days ago.

Insurers typically give you low-ball offers until the point you involve the Financial Ombudsman Service. The insurer knows you have no lawyer but the issue with instructing a lawyer is that for any claims under £10,000 in value, you cannot recover the lawyers charges as it would be a small claim. So most people pursue these disputes without any legal representation and indeed, there is a procedure to go through against the insurer.
First of all they are regulated by the Financial Conduct Authority (FCA) who can be reached on 0800(###) ###-####if you need to speak to them.
Next, as a result of the above, you must make a formal complaint to your insurer - the courts would expect you do this before you consider suing the the insurer.

You are covered under the Consumer Rights Act 2015 here which means you have a right to expect a service (from the insurer) carried out with reasonable care and skill. Furthermore, the policy should be “fit for purpose” and “as described”. If it isn’t then you can allege breach of your consumer rights and breach of contract.

You should now make a formal complaint and if that does not resolve the matter ask them for a "deadlock letter", which is a letter giving their final response. The insurer's complaints procedure will be available on their website.

Once you have the deadlock letter the next step would be to escalate this to the Ombudsman - they will investigate and liaise with the insurer which would hopefully result in a revised offer. They can order the insurer to make a financial award for inconvenience if they have acted poorly.

Once you have their final response, you can make the complaint here : www.financial-ombudsman.org.uk/consumers/how-to-complain

Or by email:***@******.***

Based on the circumstances, assuming the insurer does not uphold your complaint, I am sure the Ombudsman will do. The Ombudsman will look at this case independently and will make a decision based on what happened. Their decision is binding on the insurer so that could mean a higher figure to compensate you properly. If the Ombudsman did not find in your favour, therefore, you then have the option of suing the insurer for breach of your consumer rights and you have up to 6 years to bring a claim to the court (the limitation period is 6 years from your date of loss, to when you need to issue a claim).

The insurer is likely to be open to negotiation - you should show you are serious by going through the above though. As it often results in improved offers. I would not encourage you to instruct a lawyer as you won't get your money back and it would cost you a few hundred pounds at least if you did that so would be uneconomical given the figure in dispute.

Expert:  JimLawyer replied 21 days ago.

I hope this helps and answers the question - my goal is to ensure you are happy with the answer and have the information you need. If you have any follow up questions then please let me know. I will reply as soon as I can to help with any further queries.

Many thanks,
Jim

Expert:  JimLawyer replied 21 days ago.

Please let me know if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or if you have any follow up questions. If so, I’d be grateful if you would let me know. I am free most days, including weekends, so feel free to ask me anything you are unsure of.

Best wishes,

Jim

Customer: replied 21 days ago.
insurer upheld my c claim and they are giving me what I asked for which is £300, but before I agree to that I wanted to consult with a lawyer and ask if I could actually be able to get more money and if it's worth doing so
Expert:  JimLawyer replied 21 days ago.

It depends what your actual loss is. £300 sounds sensible given the facts. The issue is you made them an offer of £300 and they have accepted by upping their offer to £300 so I don't see you can get more out of them.

Customer: replied 21 days ago.
thank you
Expert:  JimLawyer replied 21 days ago.

No problem, thanks