T.R | Title | User | Personal Name | Date | Lines |
---|
969.1 | Insurance claims. | BRIANH::NAYLOR | Purring on all 12 cylinders | Tue Feb 27 1990 09:05 | 26 |
| First of all, there is a requirement that you inform your OWN insurers. If LT
decide to contest the claim, they will need to know about it. Believe me, they
may do this even if they fundamentally know they are wrong because it is a
requirement by THEIR insurers that they do not admit liability.
Did you get a statement from the driver of the bus ?:
His name and LT number
The registration number of the bus
The insurance details for the bus (displayed on a white disk similar
to the tax disk)
Pass all this lot to your insurers too.
Next step, if you're a member of the AA/RAC/WHO you should write to them and
get their free legal advice. Even if you don't pay for the full legal service
they will provide a few minutes of advice either by letter or phone.
Be prepared for the insurers or LT to not pay the full cost of the claim. your
car will be in better condition after it's repaired than before therefore they
will deduct a percentage for "betterment" because you are not allowed to profit
from any claim. I got 50% of my claim when the E-type got clunked, but it noe
has a brand new front end which is not showing any rust.
Finally, good luck. Dealing with a beaurocracy is fun!
Brian
|
969.2 | | CHEFS::GILESV | | Tue Feb 27 1990 09:28 | 2 |
| What risks are run if my insurers are not notified??
|
969.3 | | SUBURB::PARKER | | Tue Feb 27 1990 09:52 | 31 |
| Re.2
You run the risk of invalidating your cover; but more to the point,
if by mischance LT do not stump up, your own insurers can say that
the liability is yours. Remember that a green light only says you
may proceed if the way is clear, and LT could argue that you therefore
contributed to the bump. (I don't think they will, though, based
on what you say.)
Re.0
LT self insure. That is to say, they have no insurance policy, but
demonstrate adequate substance to whoever they have to that they
can cover any third party claims.
Thus my advice, FWIW, is 1. fill in a claim form for your own insurers
marked "ADVICE ONLY _ THIS IS NOT A CLAIM" 2. Get any free advice
that you can (try Doug Arnold from Insurance Dept, or one of the
in-house legal eagles, on a day when they are not too busy, if you
are not entitled to AA/RAC advice) 3. Write a formal letter to LT
advising that you hold them responsible, and that you are getting
two estimates for repairs which you will forward to them for their
consideration.
As said in .1, fighting beaurocracy is never quick, but if you are
persistent and professional in approach - ie, not emotional - you
tend to get a fair result in the end. From personal experience.
Good luck.
Steve
|
969.4 | Claims Form??? | CHEFS::GILESV | | Tue Feb 27 1990 10:30 | 4 |
| I called London Transport and they are sending me a Claims Form?
Does anyone have previous experience of these? ie. what they ask,
how long they take to process?
|
969.5 | Useful Info? | IOSG::MARSHALL | It's not dead, it's resting | Tue Feb 27 1990 11:57 | 44 |
| I don't know about LT, but here's what I learnt when someone ordinarily insured
drove into me (they were over the 30mph limit and hence couldn't stop within
the half mile of clear road behind where I was stopped at a junction):
It was DEFINITELY his fault (ie no-one , particularly a court, would say it was
not his fault.) This makes claiming easier. Stress that the accident was
completely, utterly and totally his fault. Point out he was breaking the law.
Point out that that is how a court would see it (you might not want to get
that stroppy to start with, but it worked for me)
I had only third party cover on my own insurance, so had to make the claim
myself. I think if you have fully comp, your insurers should pursue the claim,
but I'm not sure. If you have Legal expense cover (eg DAS), don't use it
unless you need to go to court. I got my claim sorted out quicker doing it
myself than my brother his (at about the same time, unrelated incidents!), as
all the solicitors did was act as middle men forwarding letters between the
two parties.
DEFINITELY inform your own insurers. Tell LT you've told your own insurers.
Tell LT you've told your own insurer's that it's LT's fault.
When filling out the claim, be very specific and detailed without being verbose.
Describe EXACTLY and UNAMBIGUOUSLY what happened. Make it perfectly clear you
know exactly why the accident occurred - ie the bus driver shot the light.
Don't make it woolly and vague, as though you're not sure what happened. Make
it clear you mean business. Make it clear you want the full value of the repair
and not a penny less. Make it clear you'll take it further if you don't get
this. This may prompt them to give you a better deal earlier; you then have to
decide how much more to push for.
Their letters will probably say "WITHOUT PREJUDICE". This confused me, but all
it means is that the letter is not an admission of any sort and you cannot later
use anything in that letter as evidence against them.
Be prepared for a long wait. They WILL ignore your first letter as a matter of
course. After a fortnight ring them up and ask what's happening. If you get
no joy, write and say you will issue a summons if you don't hear by return of
post. (Check the small claims court or Citizen's Advice Bureau for details).
You won't have to do this, as they will reply immediately. Be prepared to
push all the way to get your money.
Think of it as an exciting adventure game...
Good luck,
Scott.
|
969.6 | Brochure from LEX | SUBURB::GALEC | Chris Gale | Tue Feb 27 1990 12:05 | 14 |
|
I'm just sorting out my insurance claim where my car was parked
in a marked parking space .
The car was heavily damaged. My insurance company gave me a claim
form e.t.c. and I duly filled it in.
The Insurance Company told me to get two quotes for repair. On talking
to LEX Brooklands in Reading where the car was purchased /serviced
/repaired. They told me I have the choice of where the car is repaired
and gave me a brochure detailing your rights published by the relevant
Trade Association . Its well worth a read.
Chris.
|
969.7 | | LARVAE::MUNSON_P | On the 7th day, God made the 49ers | Tue Feb 27 1990 12:07 | 9 |
| I had my MG Metro written of by a guy who hit me in the rear, I only
had third party cover. I went to my insurance company, filled out a
form, they got onto his insurance company and did the rest. However be
prepared to chase, ring up every day if you have to, otherwise they'll
just stall for as long as possible.
Good luck!
(��)Munce.
|
969.8 | guilty until proved innocent... | SWEEP::ALFORD | Fantasy is the reality of life... | Tue Feb 27 1990 13:14 | 19 |
|
and just a cynical word of warning....
if the case goes to court, don't expect justice...
barristers engaged by the insurance companies are paid regardless of
whether they win or loose, and thus don't care a damn.
another word of warning, the chances are, the barrister who actually
stands in court, only received your file that morning.
In my case, even my solicitor who was sitting beside me, couldn't
understand why that blasted man wasn't cross-examining the other side,
since even he could tell that one was blatently lying, and the other
so-called witnesses were tripping themselves up with every word.
oh yes....the witnesses are for some reason allowed to sit in the
courtroom listening to all the testimonies throughout the case....some
justice huh ?
|
969.9 | | CHEFS::ARNOLD | | Wed Feb 28 1990 12:14 | 14 |
| As noted earlier here, either I or my motor claims specialist colleague
Chris Palmer are here to give you personal advice on how to word
your letters and how long its going to take etc etc.
The most important advice given by several people has been, and
is INFORM YOUR INSURANCE COMPANY not doing so puts you in BREACH
OF CONTRACT.
Threatening to sue them after a given reasonable period of time
often works wonders, but be prepared to run a claim in the county
court against them
Good Luck !
Doug
|
969.10 | | BONNET::MARTIN | The Corporate Rat - 828 6236 | Wed Feb 28 1990 12:49 | 6 |
|
"Without prejudice" is a legal term and is there for very good
reason, if you do not understand a document that contains this wording
then ask your solicitor to explain it to you.
Rat
|