Mnutter v Insurance company withdrawn indemnity

[mnutter30]

Re: Hi All - New member in need of help and advice!

Yes Horwich Farrelly - 0845 388 3585.
Chap dealing is a Philip Melia. Might try him again but to be honest he didn't give much away last time. Quite blunt and told me to refer to his letter

[Amethyst]

Re: Hi All - New member in need of help and advice!

That was the letter saying that Aviva had withdrawn indemnity ?

[mnutter30]

Re: Hi All - New member in need of help and advice!

Yes correct

[Amethyst]

Re: Hi All - New member in need of help and advice!

Need to see a copy of that letter then.

I recently received a letter explaining that indemnity on my insurance policy had been withdrawn and I have now been brought into proceedings because I was the driver and it was my fault

[mnutter30]

Re: Hi All - New member in need of help and advice!

I feel like I'm bombarding you with my issues and you've probably got better things to do! Haha
With your knowledge etc I take it that work in this kind of field

[Amethyst]

Re: Hi All - New member in need of help and advice!

God no. And Personal Injury / Car Insurance is seriously not my area at all. But there are others on here who can help with it, I'm just trying to get the right info sorted so those who can help, can.

[mnutter30]

Re: Hi All - New member in need of help and advice!

I've sent through an email to the admin box with the docs I have received.

[Amethyst]

Re: Hi All - New member in need of help and advice!

Yep, they have ditched you and you are on your own. Aviva are defending their liability to pay the claim. They can succeed in their defence and you can lose yours which makes you completely liable - for the claim and the costs.






The court has ordered that you don't need to enter a defence and default judgment cannot be entered against you, so that is something.



You are now a litigant in person defending yourself against your wife.

[mnutter30]

Re: Hi All - New member in need of help and advice!

So where does that really leave me and what would you advise I do?

[Amethyst]

Re: Hi All - New member in need of help and advice!

Personally, ask your wife to withdraw the claim ( we'll have to check the terms of the contract with the claims company). Wait for others to take a look - but if you proceedthen it would be wise to find a solicitor to advise you formally.

The claim is for 'not more than £3000' I don't think it is worth it and as a whole you could end up worse off than before this started.

[mnutter30]

Re: Hi All - New member in need of help and advice!

She had this out with her claim handler and explained, just like you have, that it is completely pointless because potentially any money she is awarded is no doubt going to go straight back to them plus more leaving us out of pocket!
They didn't say much in response because lets be honest there not at all bothered because they get there little share. They don't understand how much strain it's putting on our relationship and potentially how damaging it would be financially. She now wishes she hadn't bothered!
I also take that it that this is more than likely going to happen on 2 more occasions once my boys claims reaches this stage. There being dealt with by a different handler within the company

[Amethyst]

Re: Hi All - New member in need of help and advice!

It seems likely. I don't know why your insurers have withdrawn indemnity and I do think that needs sorting out. When you had the initial accident did you (and your wife as main policy holder) claim for damage to your car off the insurance? and at that time give them a description of what happened ? which differs to the report put in by your wife's claim handlers ?

the wording in HF's letter ' the claims being advanced against your policy and that you are supporting ' sounds like they are looking possibly at fraud.

Do you have a copy of Aviva's defence?

[mnutter30]

Re: Hi All - New member in need of help and advice!

When we had the accident my wife contacted the insurance and told them exactly what happened. It was the day after and when she rang I think she was asked if any one was injured to which at that time she said no. Maybe that's the issue because a few months down the line she filed a claim.
The insurance wrote the car off however we purchased it back taking a reduction in payment and fixed it. There has been no change in account whatsoever.

I don't have a copy of any defence. What I emailed was everything I have received.

[Amethyst]

Re: Hi All - New member in need of help and advice!

Okay, hopefully someone else will pop along with their thoughts, but for now shall we check the contract with the CMC ( who seem to have just been taken over by yet another firm - Slater & Gordon ) and see what your Wife's options are. And of course there's your boys claims to deal with too.

I know this is a sh*t question, but were your Wife and Boys actually (properly physically ) injured in that first accident ? ( I mean are you fighting for justice for them due to their injuries and it's worth all of this - or was it a may as well bung a claim in as that random cold call man said it was a good idea and we might get some money out of it ?)

[Amethyst]

Re: Hi All - New member in need of help and advice!

so the account given for the write off of the vehicle was the same as in the POC's from the claim company http://www.legalbeagles.info/forums/...1&d=1445859737