Compensation

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Mon 11 May 2015 18:15
Compensation - octoman

Dear John,

While we were on holiday, another driver drove through a Give Way junction with the result that my car will be written off.

Liability has been fully accepted by the other driver's insurers.

Leaving aside the question of a suitable replacement vehicle.

How can I recover the contingent losses in connection with a full tank of fuel, expensive mobile phone calls, loss of prepaid warranty for 14 months, loss of holiday plus all the considerable stresses and inconvenience suffered through no fault of mine?

The financial cost to me from the time of the collision to the present is considerable.

Kind regards,

Octoman

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Mon 11 May 2015 18:30
Compensation - skidpan

You are not insurred for conesequential losses.

Speak to your un-insurred loss recovery serrvice (if you have one).

Other than that it would be a court case.

Probably best to put it down to experience (unless you have the above mentioned cover).

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Mon 11 May 2015 18:59
Compensation - Palcouk

You might check your home insurance to see if you have any cover for consequential loss in that.

Otherwise its a county court claim against the other individual (Not his insurance company)

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Mon 11 May 2015 20:41
Compensation - dacouch

Home Insurance would not cover the heads of claim the OP is describing and would also exclude consequential loss.

A claim against the third party is needed via legal cover or a claims management company but for the types of losses it will be difficult to claim for them due to the difficulty of quantifying the losses

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Tue 12 May 2015 22:40
Compensation - Bianconeri
Simply itemise your uninsured losses and make a claim against the third party when you reclaim your excess.

Recovery of your excess will preserve your no claims discount - usually.

Expect the third party's insurers to haggle and argue about your uninsured loss claim. You have a common law duty to make these fair and reasonable - e.g. If you hire a car it needs to be reasonable in terms of the one written off. I'd probably be claiming for 2 weeks car hire after receipt of settlement so that I could find a replacement.

Be reasonable, state your claim clearly and back it up with facts and receipts.

Of course if it's in the hands of a rip off claims management company then you may find your hands tied to dealing through them.
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