SteveD Posted July 5, 2012 Author Share Posted July 5, 2012 right then ,seems i cant claim off the coach as there is no one to blame basically even though the glass fell out of the coach they cannot put it down to negligence ,so i cannot claim even though there coach damaged my van ,so i have to claim off my own traders policy i'm not doing this obviously i'm gona stumach the costs myself fix my van and move on ,its marshall i feel sorry for now and his damage Quote Link to comment Share on other sites More sharing options...
Pantherman Posted July 5, 2012 Share Posted July 5, 2012 I bet the no win no fee boys could find a way of claiming ! Not that I support their way of working Quote Link to comment Share on other sites More sharing options...
John Loudon - Sponsorship Liaison Posted July 5, 2012 Share Posted July 5, 2012 Use some colour magic wuv. Sorry to hear you cant claim. Just flog it as is. I could hardly tell ought was wrong when i saw it Sunday so I bet miost others wouldnt either Quote Link to comment Share on other sites More sharing options...
s2rrr Posted July 5, 2012 Share Posted July 5, 2012 As the coach company are the operators they have a duty to ensure their vehicles are safe that includes loads and bits falling off. Can sort of sympathise with them as its probably a manufacturers issue but its there coach and they can claim it back from the manufacturers. Sounds like another one of our financial institutions attempting to wriggle out of a claim. Third party the legal minimum is to cover damage and injury to others, should be a no brainer. There probably just trying to make money out of it as they realise its going to be a substantial claim. Hope it gets sorted. Bob Quote Link to comment Share on other sites More sharing options...
Norman Verona Posted July 5, 2012 Share Posted July 5, 2012 Steve, write a letter to the coach operative, by registered (or recorded delivery) post holding them responsible. Then calculate your loss which will be the excess plus any other costs like hiring a van whilst yours is under repair. Send an invoice for this amount. Then follow up with a letter requesting payment within 14 days failure to so do will lead to a count court summons. You will probably not get any response to any of this. Raise the summons, very easy to do, the court will help if you need it. I've done this more times than I can remember when I was on a Motor Traders Policy. In every case the cheque arrived within 3 days of the summons being served. Once they have paid the excess you can proceed with the claim as it will not go against your policy. Marshall should do the same. They are liable. It matters not if the coach was well maintained, they're liable and are insured. Quote Link to comment Share on other sites More sharing options...
alexander72 Posted July 5, 2012 Share Posted July 5, 2012 Steve, you have suffered damage to your vehicle (a primary loss) caused by the window failure on the coach (the insured i assume). Any person has a duty to third party's (in this case you and Mr Marshall) to remedy a nuisance howsoever caused (Rylands Vs Fletcher test case 1868). In this case the coach operator can claim of of his Motor Liability policy as you have suffered loss/damage OR his Public Liability Policy (assuming he has one). Mr Verona is entirely correct in his application described above of a civil claim made under UK Law of Tort but I would assume that you have a primae facea claim to the coach operators insurances. Its been years since i have had to think so hard about something so dull (insurance) so I need a little lie down now....... Good luck and PM me if you need any help - I still now a few brokers that haven't been locked up or sacked (joke) james Quote Link to comment Share on other sites More sharing options...
Norman Verona Posted July 5, 2012 Share Posted July 5, 2012 James, I used to bring CC summonses all the time. I even conducted a trail with permission of the Judge (they were called registrars then). I lost but because my employee had lied to me but didn't to the court. The judge said I had done well. It was great fun and kept our premiums down. I used to get into long and pointless arguments with insurers. One claimed "act of god" when the LA maintenance of a stand by gennie was defective. After about 6 months I just got fed up and issued a summons against Westminster Council. The cheque including fees arrived in 2 days. After that I just followed the above procedure and got paid out every time. Our insurers didn't like but those are the rules of the game. Quote Link to comment Share on other sites More sharing options...
alexander72 Posted July 5, 2012 Share Posted July 5, 2012 true Norman - true enough.... Quote Link to comment Share on other sites More sharing options...
SteveD Posted July 6, 2012 Author Share Posted July 6, 2012 cheers chaps ill look into it today Quote Link to comment Share on other sites More sharing options...
dombanks Posted July 6, 2012 Share Posted July 6, 2012 it sounds crappy you cant get anything. even with no one to blame isnt there some sort of public liability thingy they should have. what would have happened if it had fallen out and killed someone? i remember the ex had to have that for her horse incase it jumped the fense and caused trouble. Quote Link to comment Share on other sites More sharing options...
Norman Verona Posted July 6, 2012 Share Posted July 6, 2012 Dom , they are insured (ore should be). It's standard practice now to say "we're not insured so you'll have to claim of your insurance". I guess a lot of people just accept it. Steve only has to get them to pay his excess then he can put the cost through his insurance and it will not count against him. Quote Link to comment Share on other sites More sharing options...
alexander72 Posted July 6, 2012 Share Posted July 6, 2012 Good luck Steve, if it helps I can pass on the names of a few very good Insurance Lawyers in the City - for the cost of a letter (£75.00 ish) you could perhaps reach a rapid conclusion and have your loss made good. PM me if you need any help at all. Cheers, James Quote Link to comment Share on other sites More sharing options...
SteveD Posted July 6, 2012 Author Share Posted July 6, 2012 sent them a bill today with appropriate letter ,lets see what happens Quote Link to comment Share on other sites More sharing options...
alexander72 Posted July 6, 2012 Share Posted July 6, 2012 fingers crossed... Quote Link to comment Share on other sites More sharing options...
Norman Verona Posted July 6, 2012 Share Posted July 6, 2012 Doubt they'll respond. The insurance company will tell them to ignore. Next step is to demand payment within 14 days. Steve, I know you don't need reminding but keep copies of everything and note any phone calls as soon as they happen. Date & time all notes. Quote Link to comment Share on other sites More sharing options...
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