I have comprehensive cover with Direct Line and wish to invoke their uninsured driver promise. The circumstances are as follows: I was involved in an accident which was not my fault. I provided Direct Line with the other party's details as provided to me, their vehicle registration number and the make and model of their vehicle. My car was repaired at a Direct Line approved garage and I paid the garage £350, my policy excess, as instructed by Direct Line. Direct Line passed my claim to solicitors, Lyons Davidson to recover all losses arising out of the accident.obtained a court order for the defendant to pay me financial losses arising from the accident: Policy excess, incidental expenses (telephone, post), loss of use totalling £400 plus a claim for interest on that sum. Lyons Davidson were unable to recover the debt - In their most recent correspondence to me they say that there is not a reasonable prospect of succeeding with the claim and it would not be appropriate to pursue it further becuase bailiffs have paid a number of visits to the defendant's address but were unable to make a recovery or force entry to the proemises becuase it is a residential address. On receipt of this letter from Lyons Davidson, I providedDirect Line to find out what the next step in recovering my excess is. Direct Line confirmed that the other party was uninsured. Direct Line told me that the payment I made to the garage was not my policy excess but payment of the invoice for repair work and that the repair work was just under my policy excess. They state that since the money I paid was not my excess, the Direct Line uninsured driver promise does not apply. The receipt I have from the Direct Line approved garage States "Policyholder's excess". If, as Direct Line state, the repair bill was less than the £350 I paid, the difference has not been refunded to me. I also note that Lyons Davidson refer to the £350 I paid as my policy excess. It seems to me that Direct Line are trying to evade their obligations under the uninsured Driver promise. Yesterday on the phone, Direct Line told me that had the repair bill been over my policy excess, they would have refunded the £350 to me, but because the bill apparently was not, ie no excess was paid, it will not. I think that the money paid to the garage is deemed to be my policy excess. Even if wasn't. nowhere in Direct Line's uninsured driver promise does it state that the promise only applies if damage totals more than your excess. Surely the value of the promise is that you will not be out of pocket becuase the other party was uninsured. Had the other party been insured, the £350 I paid would have been retrieved? I would be very grateful for your opinion please. Are Direct Line being unreasonable, is their promise misleading or have I misunderstood it?
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