Pothole - Council want insurance "letter of interest" |
Pothole - Council want insurance "letter of interest" |
Sun, 11 Feb 2018 - 19:23
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#1
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Member Group: Members Posts: 313 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? |
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Sun, 11 Feb 2018 - 19:23
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Mon, 12 Feb 2018 - 10:07
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#2
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Member Group: Members Posts: 25,726 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 |
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Mon, 12 Feb 2018 - 11:29
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#3
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Member Group: Members Posts: 33,610 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.
-------------------- Moderator
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. |
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Mon, 12 Feb 2018 - 12:05
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#4
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Member Group: Members Posts: 313 Joined: 24 May 2006 Member No.: 5,864 |
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 |
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Mon, 12 Feb 2018 - 12:24
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#5
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Member Group: Members Posts: 33,610 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.
-------------------- Moderator
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. |
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Mon, 12 Feb 2018 - 13:35
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#6
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Member Group: Members Posts: 313 Joined: 24 May 2006 Member No.: 5,864 |
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. |
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Mon, 12 Feb 2018 - 13:38
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#7
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Member Group: Members Posts: 56,200 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
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 10-0 PPC's |
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Mon, 12 Feb 2018 - 13:51
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#8
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Member Group: Members Posts: 25,726 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. |
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Mon, 12 Feb 2018 - 13:58
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#9
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Member Group: Members Posts: 6,178 Joined: 1 Jan 2013 From: Glasgow Member No.: 59,097 |
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 . |
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Mon, 12 Feb 2018 - 14:03
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#10
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Member Group: Members Posts: 25,726 Joined: 28 Jun 2010 From: Area 51 Member No.: 38,559 |
..........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. |
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Mon, 12 Feb 2018 - 14:20
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#11
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Member Group: Members Posts: 33,610 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. 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 -------------------- Moderator
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. |
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Mon, 12 Feb 2018 - 15:19
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#12
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Member Group: Members Posts: 6,178 Joined: 1 Jan 2013 From: Glasgow Member No.: 59,097 |
..........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 . |
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Mon, 12 Feb 2018 - 20:45
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#13
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Member Group: Members Posts: 10,460 Joined: 8 Sep 2008 Member No.: 22,424 |
..........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. ..........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. |
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Mon, 12 Feb 2018 - 22:36
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#14
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Member Group: Members Posts: 2,356 Joined: 30 Jun 2008 From: Landan Member No.: 20,731 |
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 |
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Tue, 13 Feb 2018 - 06:20
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#15
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Webmaster Group: Root Admin Posts: 8,205 Joined: 30 Mar 2003 From: Wokingham, UK Member No.: 2 |
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 __________________________________________________________________________
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Tue, 13 Feb 2018 - 08:08
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#16
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Member Group: Members Posts: 313 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. 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. |
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Tue, 13 Feb 2018 - 09:17
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#17
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Member Group: Members Posts: 1,333 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. |
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Tue, 13 Feb 2018 - 14:29
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#18
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Member Group: Members Posts: 350 Joined: 18 Mar 2015 Member No.: 76,324 |
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... |
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Tue, 13 Feb 2018 - 21:41
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#19
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
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 -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Wed, 14 Feb 2018 - 13:26
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#20
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Member Group: Members Posts: 313 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.
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