[Closed] Rottern b******s insurance company. Any ideas before small claims court.

The driver who pulled out on you is liable for damage and injuries. If their insurance won't deal with it, then small claims is the logical next step.

When the driver receives the papers, perhaps he'll put his boot up his insurer's arse.

lots of solicitors firms that will chase the errant motorists insurer.
bikeline, cycleaid , cycle claims and more.

I'll try some of those solicitors, thanks Project.
Martinhutch, I am considering serving on the insurance company, give me much more satisfaction. They are the gits I have the problem with, I'm not so upset with the driver as he was at least reasonable after it happened.

Martinhutch, I am considering serving on the insurance company, give me much more satisfaction.

But sadly they're not liable to you in any way. They've let their customer down by not sorting you out properly.

You coudl give the motorist a ring. If he's a reasonable bloke as you say he might be appalled by their behaviour and prepared to put a rocket under them. Especially if you say you'll have no option but to sue him personally unless it gets sorted out.

Does it work like that? It's him who is liable, then his insurers are there to see him right thereafter. Obviously ultimately it is the insurers who pay you, but I would have thought suing him is how the legal process would work? I'm just pondering of course.

Which insurance company?

I quickly got fed up with ringing, (on hold for upto 30 mins) have written 2 e-mails and 1 week ago a complaint letter that was signed for, so I know they received it.

Lots of legislation regarding this.
They have up to 21 days to respond to a complaint, there is a set procedure which needs to be followed after that, depending upon your reaction.

Can you find out who their compliance officer is?
Can you get the MD's contact details?

Have you spoken to Ed?
Quite a few people at the company he works for will be able to give you some advice - Alastair & Malcolm for instance.

But sadly they're not liable to you in any way. They've let their customer down by not sorting you out properly.

Hi Pete, yes I briefly spoke to Ed about it. As I only sent them the complaint last week, I may have to be a bit more patient if, (by regulation) they have 21 days to sort it out.

write a letter of intent to go to court to the driver. He/ she should be given notice before going to court, and he/she should then get the insurance company moving. they are probably ignoring you on purpose at the moment, you are not legally reperesented and they think you will go away.

oh and check you house insurance policy, you may have legal advice and access to legal assistance through that.

As above..if the company has any sort of credibility it will have a specific complaint procedure to implement, including escalating the matter higher up the chain. These things don't tend to get closed off until the complaint is resolved.
Even if not a complaint, what you have submitted would be taken as an expression of dissatisfaction and would have similar consequences.

....and are you sure your neck doesn't hurt?

My mate got hit from the side by a car (he somersaulted clipped in and landed on the car bonnet) he had physical injuries and a written off bike. It took over a year for his claim!!! So prepare to strap in.

As above..if the company has any sort of credibility

....and are you sure your neck doesn't hurt?

Sadly, as I understand it the, insurance companies only make third party pay outs if the expect you to be able to force them to pay out

So they will ignore

I have to say I'm thinking of joining a cycling organisation so that if I'm hit they will take up my claim

who is it by the way..
have you tried twitter? Our company monitors this for adverse comments and it is taken to be the best/worst tool for customers to use to complain.

only joking about the neck option btw.
But you are in the minority from what I see day to day...

First principals you can't complain about them you are not their customer . You can sue their customer for your losses and fixed costs it is up to them to indemnify him . So write to them recorded delivery 14 days to deal with claim failing which you will issue small claims proceedings against him . send copy to him.

There is of course a procedure to follow for small claims.

I believe you need to send a letter before action to both him and th insurance company outlining what you want, and in what timeframe 14, or 28 days seem fairly normal

Then if nothing happens you can raise the claim.

I might b compleatly wrong but I'd read up on if if I were you. It would be annoying to have something dismissed because of a simple error

Do you have any legal assistance cover from a home policy? Without that you'll need to get a firm in that'll want a cut of any settlement.

Sorry but my experience of this is that even with legal representation you need to start court proceedings (not just threaten to, they'll hope you're bluffing) before they pay up.

Do not waste any more time, go to small claims and file a claim. It's not personal........

which Company? find out who the chief exec is and write to them explaining you exasperation at the failure to respond blah blah blah

I had a complaint with a major organisation in the uk which had recieved a response from them, this was then resolved in days.... keep it factual and polite express how they've left you inconvenienced etc

Go to the Citizens Advice before a solicitor! CA are free remember. I've just got back £820 from a garage by using their advice.

Then try this if you need to....

https://www.moneyclaim.gov.uk/web/mcol/welcome

My house insurance sorted my claim out although it took 1 year.

To be clear... Your not a customer of this insurance company, they don't owe you anything. Your claim is against the driver?

As above..if the company has any sort of credibility it will have a specific complaint procedure to implement, including escalating the matter higher up the chain. These things don't tend to get closed off until the complaint is resolved.

Have you met Churchill insurance? 'Yes sir, we have the address of the other party. No sir, we have not made any attempt to contact him. Yes sir, we have decided the claim is closed, and you are liable for half the cost and excess.'
We settled out of court for return of my years premium, return of excess and £50 M&S voucher...

Are you a member of British Cycling or the CTC? Use their legal service

Going to catch up with this later, but as a couple of you have asked already, the insurance co. is called 1st Central.

There are specific rules in place these days following the 2013 RTA Protocol act. [url= http://www.justice.gov.uk/courts/procedure-rules/civil/protocol/pre-action-protocol-for-low-value-personal-injury-claims-in-road-traffic-accidents-31-july-2013#5.1 ]Here's the guidance from the Justice Ministry.[/url]

There is now a 'claims portal' through which such claims should be made whether you have legal representation or not & there are time limits etc on the insurer's response. TBH, in these situations it is often better to involve a NWNF solicitor however, if you have no injuries, they may not fall over themselves to take the case on.

I presume you've contacted 1st Central via the third party number/email on their website already - interesting that their phones are only answered between 10am & 4pm on that number!?

As mentioned above, if you have some kind of Legal Expenses add-on to your home insurance they may assist.

Thanks all, to answer some of the new points on here, joining CTC or BC was one of those jobs 'I really must do'. Too bloody late now! 🙄

That 1st Central third party number and e-mail is exactly the one that gets no response, and you are right, only opening the phones during those hours is a right PITA as I'm at work.

I've read up on the money claim/small claims procedure so I'm happy to follow that if necessary, but want to try other avenues first.

No legal cover on my house insurance, I assumed my union legal representation would help out, but unfortunately,

if you have no injuries, they may not fall over themselves to take the case on.

joining CTC or BC was one of those jobs 'I really must do'. Too bloody late now!

can I just point out that even 20 years ago back in the dark ages before ambulance chasers, if our policy holder reported the claim to us and he was liable, once the third party (that's you, OP) had documented what they were claiming, it was my job to sort it and pay it before it got escalated to additional court costs.

You will note that there are a couple of things the driver and you need to have done before you get paid by the insurer. Your time and inconvenience is also a cost you can claim for, of course.

I forgot to sort my renewal out a couple of weeks before I was hit. I renewed and iirc they were happy to help - didn't need it in the end anyway, drivers insurance were pretty cool.

I thought their 'legal cover' was just refering you to an ambulance chaser [i]'CliamsDirect' trading as 'We love Cyclists Legal'[/i] or somesuch. so they were just as happy to pass you on as a member or not as there was no cost to them (and probably a referal fee)?

Sorry but my experience of this is that even with legal representation you need to start court proceedings (not just threaten to, they'll hope you're bluffing) before they pay up.

My brother-in-law was doored a few years ago - it got to the day before court when the driver/ insurer caved in and settled. I think that was over a year.

I thought their 'legal cover' was just refering you to an ambulance chaser

I claimed for travel costs aswell while my bike was out of action, just keep your proof/receipts (train tickets in my case)