PePiPoo Helping the motorist get justice

Welcome Guest ( Log In | Register )

Pothole - Council want insurance "letter of interest"
/dev/null
post Sun, 11 Feb 2018 - 19:23
Post #1


Member


Group: Members
Posts: 307
Joined: 24 May 2006
Member No.: 5,864



I hit a pothole back at the beginning of January which shredded two of my tyres. I sent my claim in to the local authority, now after a month they have replied saying they want a "letter of interest" from my insurance company to state that I am not claiming from them too. My insurance is online only and it's being a bit of a pain to get this - I've not claimed anything and have no intention of wasting my 5 years no claims bonus on a few hundred quid of tyres.

Is this normal for the council to ask for a letter from the insurance company? Or should I just write back saying I'm not claiming, and I will take it to court if they refuse to process the claim?
Go to the top of the page
 
+Quote Post
2 Pages V   1 2 >  
Start new topic
Replies (1 - 19)
Advertisement
post Sun, 11 Feb 2018 - 19:23
Post #


Advertise here!









Go to the top of the page
 
Quote Post
DancingDad
post Mon, 12 Feb 2018 - 10:07
Post #2


Member


Group: Members
Posts: 18,517
Joined: 28 Jun 2010
From: Area 51
Member No.: 38,559



Talk to the council.
They are asking for something to say they will not have to pay out twice though why is beyond me.
Perhaps they are worried that once they settle the car damage, they will be faced with a whiplash injury claim?

Explain your problems in getting anything from your insurance.... though I'm surprised any insurance company has not got a phone number for claims... and offer a commitment that you and only you will be claiming and any settlement will be in full and final settlement.

But talk to them, these come down to negotiation and often finding out why they ask something gives options to resolve what may seem like an impasse
Go to the top of the page
 
+Quote Post
southpaw82
post Mon, 12 Feb 2018 - 11:29
Post #3


Member


Group: Members
Posts: 28,051
Joined: 2 Apr 2008
From: Not in the UK
Member No.: 18,483



It’s not something they’re entitled to, so far as I know, so if you can’t get it so be it. They are probably wondering why you’re not going through your insurance.


--------------------


Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
Go to the top of the page
 
+Quote Post
/dev/null
post Mon, 12 Feb 2018 - 12:05
Post #4


Member


Group: Members
Posts: 307
Joined: 24 May 2006
Member No.: 5,864



QUOTE (DancingDad @ Mon, 12 Feb 2018 - 10:07) *
Talk to the council.
They are asking for something to say they will not have to pay out twice though why is beyond me.
Perhaps they are worried that once they settle the car damage, they will be faced with a whiplash injury claim?

Explain your problems in getting anything from your insurance.... though I'm surprised any insurance company has not got a phone number for claims... and offer a commitment that you and only you will be claiming and any settlement will be in full and final settlement.

But talk to them, these come down to negotiation and often finding out why they ask something gives options to resolve what may seem like an impasse


I think it's more that they are trying to avoid me going to the insurance and getting paid - and them then paying out too.

The insurance company has a claims line - though it's like pulling teeth trying to get anything out of them - they say it's only for new claims - however as I'm not raising a new claim then it's not applicable. I tried using their online contact form a few days ago but have so far heard nothing. I won't be going back with them next year, put it that way, however unfortunately I am where I am on this at the moment.

The reason I'm not claiming on my insurance is because it's not my fault. It's up to the LA to maintain the roads - and they have failed in that regard here. Having spoken to a local business next to said pothole, it had been there for a good while, however unfortunately when I hit it it, the road was covered in water and it couldn't be seen. The state of the roads in the area is an absolute disgrace.

If I claim then not only will I have to pay my excess, lose my no claims, and be hit with an increased premium next year. My insurance costs me a fortune anyway, so with all that added in, it's definitely not worth it. Yet I'm still a few hundred pounds of of pocket because they don't bother maintaining the roads properly.

/rantover
Go to the top of the page
 
+Quote Post
southpaw82
post Mon, 12 Feb 2018 - 12:24
Post #5


Member


Group: Members
Posts: 28,051
Joined: 2 Apr 2008
From: Not in the UK
Member No.: 18,483



IIRC, you’d have to prove that the council was aware of the defect before they’d be liable.


--------------------


Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
Go to the top of the page
 
+Quote Post
/dev/null
post Mon, 12 Feb 2018 - 13:35
Post #6


Member


Group: Members
Posts: 307
Joined: 24 May 2006
Member No.: 5,864



QUOTE (southpaw82 @ Mon, 12 Feb 2018 - 12:24) *
IIRC, you’d have to prove that the council was aware of the defect before they’d be liable.


Yes, I believe that is correct, or, you need to prove they have been negligent. I currently have an FOI request awaiting response on the maintenance schedule for the road etc, however I have submitted the claim with the details to get the ball rolling. However they say they won't even process it without this letter.
Go to the top of the page
 
+Quote Post
The Rookie
post Mon, 12 Feb 2018 - 13:38
Post #7


Member


Group: Members
Posts: 38,400
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317



QUOTE (southpaw82 @ Mon, 12 Feb 2018 - 13:24) *
IIRC, you’d have to prove that the council was aware of the defect before they’d be liable.

Or that they should have been aware but weren't due to negligence?


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 8-0 PPC's
Go to the top of the page
 
+Quote Post
DancingDad
post Mon, 12 Feb 2018 - 13:51
Post #8


Member


Group: Members
Posts: 18,517
Joined: 28 Jun 2010
From: Area 51
Member No.: 38,559



Still talk to the council re the reason for their requirement and how to resolve.
Explain to them why you are not claiming on insurance and offer to put that in writing.

It's part of a game, may not seem that way to you but it is.
They don't want to pay out so put walls in the way..... bypass, climb over, knock a hole in it, whatever just don't be deterred or stopped because of the wall.

Go to the top of the page
 
+Quote Post
StuartBu
post Mon, 12 Feb 2018 - 13:58
Post #9


Member


Group: Members
Posts: 5,929
Joined: 1 Jan 2013
From: Glasgow
Member No.: 59,097



QUOTE (The Rookie @ Mon, 12 Feb 2018 - 13:38) *
QUOTE (southpaw82 @ Mon, 12 Feb 2018 - 13:24) *
IIRC, you’d have to prove that the council was aware of the defect before they’d be liable.

Or that they should have been aware but weren't due to negligence?


A neighbour of mine I was speaking to a couple of days ago had a tyre ruined by a Pothole and put in a claim to Glasgow CC and it was paid with no ifs or buts .
Go to the top of the page
 
+Quote Post
DancingDad
post Mon, 12 Feb 2018 - 14:03
Post #10


Member


Group: Members
Posts: 18,517
Joined: 28 Jun 2010
From: Area 51
Member No.: 38,559



QUOTE (StuartBu @ Mon, 12 Feb 2018 - 13:58) *
..........A neighbour of mine I was speaking to a couple of days ago had a tyre ruined by a Pothole and put in a claim to Glasgow CC and it was paid with no ifs or buts .


IIRC Glasgow Boy had a vastly different experience with Glasgow... not sure if he ever got paid.
Go to the top of the page
 
+Quote Post
southpaw82
post Mon, 12 Feb 2018 - 14:20
Post #11


Member


Group: Members
Posts: 28,051
Joined: 2 Apr 2008
From: Not in the UK
Member No.: 18,483



QUOTE (The Rookie @ Mon, 12 Feb 2018 - 13:38) *
QUOTE (southpaw82 @ Mon, 12 Feb 2018 - 13:24) *
IIRC, you’d have to prove that the council was aware of the defect before they’d be liable.

Or that they should have been aware but weren't due to negligence?

Possibly, I’d look the relevant law up myself but I’m busy doing the same for paying clients tongue.gif


--------------------


Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
Go to the top of the page
 
+Quote Post
StuartBu
post Mon, 12 Feb 2018 - 15:19
Post #12


Member


Group: Members
Posts: 5,929
Joined: 1 Jan 2013
From: Glasgow
Member No.: 59,097



QUOTE (DancingDad @ Mon, 12 Feb 2018 - 14:03) *
QUOTE (StuartBu @ Mon, 12 Feb 2018 - 13:58) *
..........A neighbour of mine I was speaking to a couple of days ago had a tyre ruined by a Pothole and put in a claim to Glasgow CC and it was paid with no ifs or buts .


IIRC Glasgow Boy had a vastly different experience with Glasgow... not sure if he ever got paid.


Sounds like par for the course for GB given his bad luck with all things motoring ..lol.....He's been very quiet for a while .
Go to the top of the page
 
+Quote Post
glasgow_bhoy
post Mon, 12 Feb 2018 - 20:45
Post #13


Member


Group: Members
Posts: 10,410
Joined: 8 Sep 2008
Member No.: 22,424



QUOTE (DancingDad @ Mon, 12 Feb 2018 - 14:03) *
QUOTE (StuartBu @ Mon, 12 Feb 2018 - 13:58) *
..........A neighbour of mine I was speaking to a couple of days ago had a tyre ruined by a Pothole and put in a claim to Glasgow CC and it was paid with no ifs or buts .


IIRC Glasgow Boy had a vastly different experience with Glasgow... not sure if he ever got paid.

My bad luck was with West Dunbartonshire. And I got nowhere. The aggravation over £2/300 just isn't worth it IMO.

QUOTE (StuartBu @ Mon, 12 Feb 2018 - 15:19) *
QUOTE (DancingDad @ Mon, 12 Feb 2018 - 14:03) *
QUOTE (StuartBu @ Mon, 12 Feb 2018 - 13:58) *
..........A neighbour of mine I was speaking to a couple of days ago had a tyre ruined by a Pothole and put in a claim to Glasgow CC and it was paid with no ifs or buts .


IIRC Glasgow Boy had a vastly different experience with Glasgow... not sure if he ever got paid.


Sounds like par for the course for GB given his bad luck with all things motoring ..lol.....He's been very quiet for a while .

I've cut my personal/commuting mileage to less than a third of what it was, and pretty much all my driving is A road dual carrigeway or motorway now. It seems to have done wonders for me, other than a rear ender last year.
Go to the top of the page
 
+Quote Post
Churchmouse
post Mon, 12 Feb 2018 - 22:36
Post #14


Member


Group: Members
Posts: 1,620
Joined: 30 Jun 2008
From: Landan
Member No.: 20,731



QUOTE (/dev/null @ Mon, 12 Feb 2018 - 12:05) *
If I claim then not only will I have to pay my excess, lose my no claims, and be hit with an increased premium next year. My insurance costs me a fortune anyway, so with all that added in, it's definitely not worth it. Yet I'm still a few hundred pounds of of pocket because they don't bother maintaining the roads properly.

If you claim, wouldn't your insurance company simply claim off the council/the council's insurance? Your excess, NCB and increased premium are only implicated when a claim is processed against you--not when the other party pays.

What if you had third-party insurance only...would the council simply refuse to pay?

--Churchmouse
Go to the top of the page
 
+Quote Post
Fredd
post Tue, 13 Feb 2018 - 06:20
Post #15


Webmaster
Group Icon

Group: Root Admin
Posts: 6,991
Joined: 30 Mar 2003
From: Wokingham, UK
Member No.: 2



QUOTE (Churchmouse @ Mon, 12 Feb 2018 - 22:36) *
Your excess, NCB and increased premium are only implicated when a claim is processed against you--not when the other party pays.

Ho, ho!


--------------------
Regards,
Fredd

__________________________________________________________________________
Pepipoo relies on you
to keep this site running!
Donate to Pepipoo now using your
Visa, Mastercard, debit card or PayPal account
Go to the top of the page
 
+Quote Post
/dev/null
post Tue, 13 Feb 2018 - 08:08
Post #16


Member


Group: Members
Posts: 307
Joined: 24 May 2006
Member No.: 5,864



I "believe" it's more they are trying to prevent you claiming from them and your insurance company. I don't know whether that legally constitutes fraud, but they seem to see it that way.

It definitely does increase the premium. sad.gif Somebody scraped the side of my car in the works car park a few years back trying to get out if a tight space, they knew it was mine and came straight in and told me. Claimed off their insurance and I thought that was the end of it. The next year when I renewed my premium had gone up about £200. When I questioned it, they said it was probably because of a "no fault claim" - even though it wasn't even claimed off my insurance company!! It's all about driver profiling, and how likely you are to claim or cause a claim. I even checked online by doing a quote as normal, and then putting in a no-fault claim. Sure enough it went up. They ask you to declare any non-fault claims on most quotes I think now.
Go to the top of the page
 
+Quote Post
typefish
post Tue, 13 Feb 2018 - 09:17
Post #17


Member


Group: Members
Posts: 1,099
Joined: 28 Mar 2014
From: Corby
Member No.: 69,758



One notification only fault and one notification only non-fault (not a single penny left their accounts) resulted in Admiral wanting an extra £1,000 off of me.

I told Admiral in no uncertain terms to **** off with their outrageous quote - and ended up paying less than I was paying with Admiral the year before with a new provider - Direct Line.
Go to the top of the page
 
+Quote Post
Tartarus
post Tue, 13 Feb 2018 - 14:29
Post #18


Member


Group: Members
Posts: 279
Joined: 18 Mar 2015
Member No.: 76,324



QUOTE (Fredd @ Tue, 13 Feb 2018 - 06:20) *
QUOTE (Churchmouse @ Mon, 12 Feb 2018 - 22:36) *
Your excess, NCB and increased premium are only implicated when a claim is processed against you--not when the other party pays.

Ho, ho!

Indeed, three no fault collisions against me in my 25 year driving career, and three increased premiums the following year partly due to them say otherwise...
Go to the top of the page
 
+Quote Post
cp8759
post Tue, 13 Feb 2018 - 21:41
Post #19


Member


Group: Members
Posts: 2,329
Joined: 3 Dec 2010
Member No.: 42,618



QUOTE (The Rookie @ Mon, 12 Feb 2018 - 13:38) *
QUOTE (southpaw82 @ Mon, 12 Feb 2018 - 13:24) *
IIRC, you’d have to prove that the council was aware of the defect before they’d be liable.

Or that they should have been aware but weren't due to negligence?

Sort of, there's a statutory defence, see https://www.legislation.gov.uk/ukpga/1980/66/section/58


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
Go to the top of the page
 
+Quote Post
/dev/null
post Wed, 14 Feb 2018 - 13:26
Post #20


Member


Group: Members
Posts: 307
Joined: 24 May 2006
Member No.: 5,864



The street in question was inspected back in October and the condition was noted as "bad" (discovered from an FOI request). Yet they failed to do anything about it - the only repair done was after they received the report of damage to vehicles. Given that they were aware the condition was bad, I intend to argue that they were negligent in that nothing was done off the back of this report.

Go to the top of the page
 
+Quote Post

2 Pages V   1 2 >
Reply to this topicStart new topic
1 User(s) are reading this topic (1 Guests and 0 Anonymous Users)
0 Members:

 



Advertisement

Advertise here!

RSS Lo-Fi Version Time is now: Saturday, 26th May 2018 - 06:14
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.