Hi,

Need help understanding whats gone on. I had a non fault accident 20/12/2011. I was travelling along a dual carriageway when a van drove straight out across two lanes of traffic, being too close to do anything about it I ploughed into the side/rear quarter of the van. The van driver went off to hospital but I refused as I didn't want anything to happen in my absence ( I later found out I had a broken sternum and collar bone).

The police took all details and when my car was recovered I left the scene and went to the hospital. At the scene no liability was admitted. That evening I rang my insurer Admiral who put into action the contact between themselves and third party insurer (third party vehicle was a company vehicle). As Admiral had no proof of liability I was not offered a replacement vehicle while mine was assessed.

27/12/2011 I received a phone call from the attending police officer explaining he had completed his investigation absolving me of any blame and that he had spoken to the third party driver who admitted liability. I rang Admiral to inform them and to arrange a replacement vehicle but was told I had to get proof of the police investigation myself, which obviously, I cannot get.

6/01/12 I received a phone call from admiral saying my car was a total loss and they would offer me £1000. I disagreed with this and they upped it to £1500. This was still below what I wanted but I needed a replacement vehicle for work. However when this figure came down to it deducted from it were £350 excess £350 remaining on my policy and I received two seperate cheques one totalling £300 another £500 and was put in touch with Albany Assistance to recover my excess. This took albany a further 7 weeks. In the meantime I had no car to get to work and was "let go".

So all in all I've had £1150 for a freelander which I paid much more for spent a lot to get all brakes replaced, head gasket, it had 12 months MOT my stereo worth £200 mats worth £70 etc all of which were gone and crushed before I even knew the car had gone from the storage yard where it was initially held. My understanding was I was to be put in the position I was in before the accident, which as you can tell hasn't happened.

It's now approaching 9 months later and I have opened a personal injury claim owing to my broken bones, loss of earnings etc which has been running since February and the third party insurer has thus far refused to acknowledge this. Failing to respond to a pre action disclosure, refusing to respond to any attempts at a dialogue etc. I'm approaching my limits. I'm a fairly easy going person but this is getting ridiculous.

I have not yet replaced my car as I haven't been put in a position to replace like for like. I suppose what I'm getting at is A) am I entitled to adequate compensation for all of the failings of both my insurer and the third party insurer including not having a replacement vehicle and B) Can I instruct my solicitor to go ahead and just apply for court intervention (whihch he is reluctant to do).

Thanks for any help anyone can offer. I'm starting to think I was never meant to drive.

(Edit: some paragraphs inserted. I sympathise with your misfortune but do have a care for people who are going to read this and out of the kindness of their hearts advise you. With no paragraphs at all, as you wrote it, people lose the thread, and probably the will to live.)

Edited by Avant on 19/09/2012 at 01:40