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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 14807
Experience:  Senior Associate Solicitor
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My grandson had had a drink and went into back of a car. New

Customer Question

My grandson had had a drink and went into back of a car. New Year’s Eve 2020. September 2021 the insurance company say he owes £7,000
JA: Where is your grandson? It matters because laws vary by location.
Customer: My grandson lives in longlevens gloucester
JA: What steps have been taken so far?
Customer: we have asked them for a copy of the original policy nothing so far it’s such a long time before they a request was made. It’s suspicious
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: my grandson stayed atbthevschene he is a decent chap
Submitted: 17 days ago.
Category: Law
Expert:  JimLawyer replied 17 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 17 days ago.

Most instance policies will say that if a policyholder drink-drivers, the policy is void. If they paid a third party out for the repairs it then means the insurer will pursue the driver at fault (as they are not covered if they drink-drive). This is the issue. It wouldn't matter they have waited this long, indeed they have up to 6 years to issue a claim at court if you did not pay the demand. You should ask them for a breakdown of the £7,000.

Given the dispute with the insurer, you can avail of the Financial Ombudsman Service dispute resolution scheme - which is much quicker than court action and free to use. You have to go through a complaints procedure first. During this time (8 weeks for the insurer then 16 weeks for the Ombudsman) the insurer should not attempt to recover the money from you.

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. Their 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 resolution. 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 to the Ombudsman here : www.financial-ombudsman.org.uk/consumers/how-to-complain

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

The Ombudsman will look at this case independently and will make a decision based on what happened. Their decision is binding on the insurer.
If they go on to sue, you will need to respond to the claim - the court will send you a response pack which must be competed and returned to the court - this indicates whether you admit to the claim or deny it.

Expert:  JimLawyer replied 17 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 17 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 17 days ago.
Thank you very much. It’s what we needed to have clear. I am very grateful your reply was so quick.
Expert:  JimLawyer replied 17 days ago.

My pleasure, thanks and have a good day.
Jim