any advice on getting my money back

[blitzy]

5 months since a tart hit my stationary vehicle
ATM I am over £3000 out of pocket
The insurance company cancelled my insurance had to shell out again.
I had over 3 month of back pain
and still mentally fucked
My firearms and shotgun licence renewal were refused (pending medical inquiry lucky I was able to get a 3 month permit for them so can still keep them and use them)

the evidence all points to it being her fault.

So I go see interdependent "solicitors" and I am written to 5 days later (got the letter Saturday morning) saying I have no case.

cant see how.

[80s kid]

Insurance is a waste of money mate. I have a whacking great dent in my van where some bint hit me and didnt stop, I have to pay for that cuz I pay stupid money in insurance and can't afford my premium to go up.

My cousins still goin through a case from five or six years ago, someone jumped the red light and smashed her car up. All his family said they were there and they weren't. She has to pay stupid money for her car now.

If the solicitor etc wont do anything then unless you have her details to get the police involved theres not much u can do I'm afraid.

[blitzy]

the police were involved alright

I was given no details the stupid cow and police have failed to supply them
to me despite requests and freedom of information requests I still waiting for her
breathalyzer results.

What I don't get is my sister in law was a middle car in a knock on crash (where one is pushed in to the rear of another) she doesn't work so lost NO money over it, the car is a DLA rental
so was repaired with in 2 weeks. she only had back issues for 2 weeks and was made a £2500 offer, this is now going to go UP because the car which was at the back is taking car in front of him to court claiming it was their fault so she is now looking at over £4000 compensation.
on that note that 2k per week for back pain 12x2=24 so based on that case alone I should be looking at £24000+ (i know i know but its just the maths of the case)

If this was the middle East I could demand a public execution.

Oh I was also accused by her insurance company of being charged with dangerous driving
when WE contacted the police they said nothing of the sort was even being looked at for this accident and the case was in fact closed.

[340truck]

What are the insurance companies doing? You have a claim against her company for everything you are genuinely out of pocket for. Why have you "no case"? If stationary then it can't be your fault. Demand satisfaction through your insurance company, it's what you pay for. Failing that, sue through the small claims court.

[pbar]

ATM I am over £3000 out of pocket
The insurance company cancelled my insurance...

On what grounds?

[stevemarl]

With the best will in the world, the insurers don`t want to know, the police aren`t interested, and a solicitor says you have no case, it`s not looking good?

[blitzy]

The insurance was cancelled under whats called a risk removal because it is imported
they claim there was a fuck up and its between them and the broker as they said they do not insure grey imports (which my Pajero is) however they know they sent me paper work satte they knew it was an import.

I am at least 3k in loss of earnings, money I have had to shell out like renewing insurance etc

This fucking bitch has caused me all this trouble all she had to do was admit is was her fucking fault end of story.

one thing I am not doing is forgetting it it getting close to pay up or else.

[blitzy]

I should also note they are not the only solicitors.

[pbar]

The insurance was cancelled under whats called a risk removal because it is imported...

So, they were happy enough to insure it at the time, and take your money, but when the time came for you to unfortunately make a claim, they found a descrepancy meaning it was void?

[Matty2148]

Inurance obudsman would be my next call, if they issued a insurance certificate with all the info supplied then they did wrong!

[pbar]

Unless they argue that not all relevant details were disclosed?

[Matty2148]

True, however, they did choose to insure the car and have admitted they made a mistake, a mistake is fine, however blitzy used that vehicle on the basis of their mistake. What they do and dont insure is besides the point once the certificate of insurance was sent which included the vehicle details. Assuming it was all declared at the time of gaining insurance.

[blitzy]

FACT the broker where informed more than once the car was imported they actually charged me extra over this and I have this in writing.

FACT paper work from the insurance company (not the broker but the insurance company)
said they acknowledge it is an Import.

They have no excuse.

Speaking to my current provider they say its all on the D.V.L.A database anyway so they knew what they were getting themselves in to.

Bottom line is I have done a few case studies and I have read one where a bike was 80% at fault for a RTA and walked away and claimed over 50K.

As this one IS NOT MY FAULT I am well with in my right to my losses.

I have now emailed the "solicitors" asking how they came to the conclusion that they did.

[Andrew 2.8i]

What they do and dont insure is besides the point once the certificate of insurance was sent which included the vehicle details. Assuming it was all declared at the time of gaining insurance.

Hi,
This situation with the insurance company is a complete shambles. If all the relevant details were disclosed on your insurance proposal, it should not be possible for them to withdraw cover. Over the years you have probably paid at least ten times more in premiums than you are claiming now. What is the insurance company doing for you? Nothing.

Andrew.

[Hot_Protein]

Just call the insurance company with your findings and mention financial ombudsman a few times. Should make them puff their feathers up a bit.

[MS Injection]

First of all, I'm sorry to hear about this trouble you're having.

There are 2 distinct issues here:

1. Your claim against the other driver for your injuries and losses and out of pocket expenses

2. Your claim against your own insurance policy. This only insures the vehicle and losses associated with it i.e repairs or alternatively pre-accident value if it is written off for any reason, assuming it is a comprehensive policy and not only one against third party claims. It would not compensate your personal injury or loss of earnings

You mentioned not being provided with details of the other driver. Did the other driver leave the scene before you or the police could take her details? If nobody has any details that could identify the driver, there is a potential claim through the Motor Insurer's Bureau (MIB) Untraced Drivers Scheme.

As you referred to 'her', that would probably mean somebody has the details. Were you not able to take them at the scene? If the police have her details, they are required to produce any collision report (assuming any prosecution has finished) upon payment of a fee. The solicitor would normally arrange this.

In circumstances where a vehicle collides with a stationary vehicle, there would be an overwhelming presumption of fault on their part. There are very few circumstances where they would not be liable. What are the circumstances of the collision and on what basis did the solicitor say you had no case? Are they solicitors you approached or were they appointed by the insurance company just to deal with the vehicle damage?

With your own insurance policy, did you try to claim on it because you could not pursue the other driver? The legal position with brokers is not completely straightforward - they act as agent for the the insurer and for you. Depending upon what was disclosed to the insurance company, and what the broker did/did not do, the insurance company may be obliged to honour the policy. It is even possible that the broker would be liable to meet your vehicle losses if he/she/it was at fault in arranging the insurance. I would suggest lodging a complaint with both of them, making plain you will go to the Ombudsman if you are not satisfied with the outcome.

[blitzy]

Ok after the cars impacted so to speak
the other driver remained
As i suffered some sort of black-out i don't have any recall on what happened next.

basically i was sitting wait for the road to be clear to turn right out of a road I HAD MY HAND BRAKE ON NO ARGUMENTS ETC IT WAS ON, ACTIVE. THE CAR WOULD NOT HAVE MOVED IT WAS CHECKED AND CLEARED THE CAR WOULD HAVE STALLED OUT. I CANNOT MOVE THE CAR WITH THE HAND BRAKE ON I HAVE TRIED.

a day or two later i don't know really my other half got a phone call from one of the school mothers saying her sons mate was walking to the high school and say the other driver
come off the grass verge to my left on the wrong side of the road and cut the corner too hard and hit the white SUV (the white suv is my car)
as he was a school boy my other half passed this on to the police for them to deal with.

the police wrote to me to say no one was being charged for anything and located the collision
to the road i was waiting on stationary with my handbrake on.

the damage to my car was correct with what the school boy had said.

when i took out the insurance I was fully declared as an imported vehicle.
when asked about modifications i told them that i couldn't answer that question as it was an import i had no idea if anything had been done in Japan.

after the "accident" the insurance company looked it up and said its an import and we don't cover them- they have accepted that it did tell the broker after checking the call log
so they said my policy will be cancelled under a risk removal meaning i was insured from the date it started and i was then give 2 weeks (in this case until end of march) to sort out alternative provider.

however the broker claims i am not entitled to a refund (i'll deal with them useless fuckers later)

bottom line is
I was hit by a woman driver I suffered long term physical and physiological injuries (both checked treated and confirmed by medical professional who are independent of the whole thing they are just interested in sorting out those issues).
I am at financial loss and am behind on personal and professional matters.

I also refused to have my car repaired because
1. for less than the excess cost i can sort it out myself.
2. my evidence is still sitting there.
3. the damage doesn't make it illegal or dangerous to drive on the road and yes this has been
check by VOSA qualified personnel.

[80s kid]

now just to be clear mate... the handbrake was on? lol

sounds like the law have shafted yet another law abiding citizen also the insurance company seems to of give you a good bumming aswel. its a bloody joke. i dunno why we even pay it cuz those who dont only get a small fine and a slap on the wrist.

so are the useless sacks of shite also known as the police not going to pursue this any further? if a school kid saw it is there a school near by?

i bet your fuming mate i hope something good turns up for you.

[MS Injection]

now just to be clear mate... the handbrake was on? lol

sounds like the law have shafted yet another law abiding citizen also the insurance company seems to of give you a good bumming aswel. its a bloody joke. i dunno why we even pay it cuz those who dont only get a small fine and a slap on the wrist.

so are the useless sacks of shite also known as the police not going to pursue this any further? if a school kid saw it is there a school near by?

i bet your fuming mate i hope something good turns up for you.

It sounds to me that, rather than the law being the problem, it was the solicitor you saw that was the problem. They decided you were not going to win and did not take the case forward. Has she alleged that you pulled out into her path causing the collision? This is the impression that comes across because you emphasised that the handbrake was on. That is the only reason I can think of that they would not take the case forward/advise negatively - is that what they said? Was it 'no win no fee'? No win no fee agreements can make some lawyers jittery. To that end, have you tried getting a second opinion or asking them to review their decision?

That is a whole bunch of questions, I know. You might not need to answer them and may have enough to take it forward again.

[80s kid]

now just to be clear mate... the handbrake was on? lol

sounds like the law have shafted yet another law abiding citizen also the insurance company seems to of give you a good bumming aswel. its a bloody joke. i dunno why we even pay it cuz those who dont only get a small fine and a slap on the wrist.

so are the useless sacks of shite also known as the police not going to pursue this any further? if a school kid saw it is there a school near by?

i bet your fuming mate i hope something good turns up for you.

It sounds to me that, rather than the law being the problem, it was the solicitor you saw that was the problem. They decided you were not going to win and did not take the case forward. Has she alleged that you pulled out into her path causing the collision? This is the impression that comes across because you emphasised that the handbrake was on. That is the only reason I can think of that they would not take the case forward/advise negatively - is that what they said? Was it 'no win no fee'? No win no fee agreements can make some lawyers jittery. To that end, have you tried getting a second opinion or asking them to review their decision?

That is a whole bunch of questions, I know. You might not need to answer them and may have enough to take it forward again.

think you quoted the wrong person mate lol