pistonbroke Posted July 6, 2012 Share Posted July 6, 2012 Send "the boys" round for a social call ;) 1 Quote Link to comment Share on other sites More sharing options...
Pubcrawler Posted July 7, 2012 Share Posted July 7, 2012 My Wife used to be involved in car insurance and says that it is normal for other companies to say they are not responsible. Just submit your claim again. Quote Link to comment Share on other sites More sharing options...
Norman Verona Posted July 7, 2012 Share Posted July 7, 2012 Pubcrawler, as far as I know it's not the coaches insurance company but the coach company. They've probably been told to say that by the broker. I doubt that the insurance company would commit to writing a blatant untruth. Well, maybe..... Quote Link to comment Share on other sites More sharing options...
s2rrr Posted July 7, 2012 Share Posted July 7, 2012 I suggest they will use whatever suggestion they think they can get away with, try this one, oh it was an office junior who said that etc etc. Similar issues as banks as far as I'm concerned, they will try and wriggle out of anything they can, obviously there are the good companies who don't but I suggest they are in the minority. Get stuck in and get what you are entitled to, no more no less. Cynically thats why there are so many bogus whiplash claims some are chancers and some are sticking the insurers as they would do us. Purely a personal opinion no necessarily that of the WSCC or the management blah blah blah Bob proven cynic created by lifes little experiences Quote Link to comment Share on other sites More sharing options...
ajpearson Posted July 7, 2012 Share Posted July 7, 2012 Good luck Steve, about time we all start standing up to these sorts of ills and get what is legally our rights Quote Link to comment Share on other sites More sharing options...
Paul Edden Posted July 8, 2012 Share Posted July 8, 2012 I ran into the back of a taxi at the traffic lights recently - very low speed and very silly thing to do! Got out of the car - did not admit liability (as "they" all tell you to do) but offered what I thought was a polite apology for the inconvenience to the lady who was being transported at the time. Swapped details - went on about our business. Spent 6 weeks arguing the toss with the insurance company as "I had immediatley admitted liability by apologising to the fare for causing the accident". As Norman says above - stuck to my guns, recorded absolutely everything - and they caved in...... Come on Dogbreath - don't let 'em beat you! Glad you and Grandad are ok btw. Quote Link to comment Share on other sites More sharing options...
Norman Verona Posted July 11, 2012 Share Posted July 11, 2012 Steve, any news? Quote Link to comment Share on other sites More sharing options...
Captain Colonial Posted July 11, 2012 Share Posted July 11, 2012 Next door neighbour had a moderate smash in his 911 on a dual carriageway over the M3 near Reading. He was in the inside lane when a dozy woman in the outside lane signalled and moved over on him without looking at the same time, rear nearside quarter to his front offside quarter. Hit him so hard the car spun 180 degrees and the rear hit the Armco. All in all at least £5k in damage. She immediately admitted fault, all very apologetic and polite. Neighbour reports it to his insurance company, who tries to say it was a 50-50! Cue toys from pram, she admitted it, I was in my lane minding my own business, how is that a 50-50? His insurance (you know, the ones supposedly looking after the interests of the policy holder) stuck to it, only caving in when the woman (again) admitted full fault. Mind you, it might have something to do with the fact his excess is £850... Quote Link to comment Share on other sites More sharing options...
SteveD Posted July 11, 2012 Author Share Posted July 11, 2012 yeh nowt i can do ,sent a bill and a letter asking for settlement ,but nowt ,spoke to a couple of insurance companies asking there advice and both said the same thing i cannot claim because no one has been negligent give up now more important things to do and i aint wasting my life on it , i'll just smash his windows in a few weeks ,simples Quote Link to comment Share on other sites More sharing options...
Norman Verona Posted July 11, 2012 Share Posted July 11, 2012 Not true. negligence isn't required to be responsible for damage caused. Issue a county court summons. Please Steve, don't let them get away with it. I think you can do it online now. I'll have a look. HERE IT IS Quote Link to comment Share on other sites More sharing options...
XTR2Turbo Posted July 11, 2012 Share Posted July 11, 2012 Steve I had exactly the same a few years back when I overtook a lorry on the M1 at the moment his tyre delaminated. Did about £1500 worth of damage to side of my 3 month old car. I was not happy. Phoned my insurer to be told that the best I could hope for was a 50:50 outcome. I felt aggrieved and a victim of injustice so checked it all out and even spoke to a specialist insurance adviser that is a friend of a friend. He confirmed that certain things are classed as acts of god and no liability. Unfortunately the onus is on you to prove that it is an act of negligence or was an event that could reasonably have been foreseen and prevented and not an act of god if you are to succeed. The problem is that this costs so much and is so uncertain of victory that the insurers aren't interested in following up unless significant amounts at stake - e.g. serious injury payout. Your only hope would be if you had evidence that the screen was already damaged - e.g. they were travelling to have it repaired or had booked for it to be repaired and were therefore knowingly taking a risk by driving it. Be somewhat more cautious than all the legal warriers on here - you will be wasting your time in this instance and it will just be a depressing fixation. I'm the first to suggest action but some things you challenge and some you don't. Best you could hope for would be a goodwill gesture but getting legal will not result in this. I even wrote to the haulier but got nowhere as they just referred to their broker who of course knew exactly the situation. This is what comprehensive insurance or savings are for. Get fixed and move on. The worst thing is that now they are aware, even if you don't claim the insurer will now record as a no fault no claim accident !!! David Quote Link to comment Share on other sites More sharing options...
echoz Posted July 11, 2012 Share Posted July 11, 2012 steve jerry can is only a fiver, costs about 7 quid to fill one up tehse days mind, im sure you can do teh rest lol! Quote Link to comment Share on other sites More sharing options...
tex Posted July 15, 2012 Share Posted July 15, 2012 has to be an unsafe vehicle on the public highway in my eyes - its upto the driver / owner to make sure its maintained properly - end of! a window just dosnt 'fall off' its been badly installed by whoever - and its the owners responsibility to make sure its safe!! they are trying it on - come on steve dont give up - british bulldog spirit - plucky brit saves the day at the last minute - dont be a footballer Quote Link to comment Share on other sites More sharing options...
stephenh Posted July 15, 2012 Share Posted July 15, 2012 Why did the window fly out? The implication must be that the vehicle (coach) was not in a safe condition. Vehicle windows dont fall out for no reason! There is a legal principle which is probably of relevance here, "res ipsa loquitor" which means, literal translation, the facts speak for themselves. The point being that where it applies, the burden of proof shifts from the claimant to the defendant. In this case, it might be impossible for you, Steve, to prove why the window fell out, but you could argue that the only practical explanation is that the coach owners were operating a vehicle which was in a dangerous condition. It would then be up to the coach operators to prove that the coach wasn't in a dangerous condition. Sadly, legal cases are rarely as simple and straightforward as we would like, and they might argue that the coach was well maintained, and that they couldn't have known that the window was unsafe. However, on the basis of "res ipsa loquitor" that would be for the coach operators to prove. I am sure you could get a solicitor in Winsford to give you an initial opinion on it, and write a strong letter to the coach operators (or their insurers) for a modest sum. Quote Link to comment Share on other sites More sharing options...
Norman Verona Posted July 15, 2012 Share Posted July 15, 2012 Act of god was always storm damage, lightening strike, landslip etc. I'd like to know what act of god made the window fall out? I had an insurance company, Municiple Mutual, who insure the local authorities, deny a claim because of "act-of-god". The claimed a fuse blew due to a short caused by heavy rain. In the end I issued a CCS and the cheque plus the court costs came back two days after service. Sounds to me like all insurers want to avoid paying out so "act-of-god" is stretched to everything. As Tex says, a coach window is a maintainable item, if it falls out then it hasn't been maintained. Stephen has posted as I type. In correspondence they may well claim "act-of-god". I doubt they'll bother to defend that in court, you'll probably get the cheque by return. The most you can lose is the court fee, plus an increase in premium for a few years. Marshall has more to lose I suspect. When I dealt with insurance (for a garage group) the broker would take these things up with insurers. I attempted to recover our uninsured losses where appropriate to keep our premiums down. Steve, it's up to you. You've sent the invoice, have you sent the letter demanding payment withing x days, if so spend 5 minutes tonight on the web and issue a summons. By definition this is not an act of god. I doubt if a tyre delaminating is an act-of-god either, for the same reason. Lets put it another way. My car is well maintained, had its last service at the due time. MOT is valid. I drive along and press the brakes to find I have none. A flexible pipe has burst. Can I claim "act-of-god"? By the way, it used to be that you only claimed for the uninsured loss, in this case the excess. If the other party paid the excess you were held blameless and your premiums didn't go up and you kept your NCB (not relevant here). Quote Link to comment Share on other sites More sharing options...
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