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[Kevin Wood]

Just a thought.. Do you have home legal cover? If so, I'd have thought this would cover getting a solicitor working for you. If not, spending a few quid getting one to put together a case indicating the items of expenditure for which you hold the 3rd party insurer responsible would be worth your while.

If your insurer can't be motivated to represent your interests then you need someone working for you who will.

[henryd]

I really feel for you being put in this situation through no fault of your own especially Mrs Opti. I concur with all of the above comments, importantly the Diazepam warning.
I had something similar years ago when a lorry ploughed into my garden  taking out a wire fence, a hedge and two mature trees. It was a bank holiday Monday and the children and dog were playing at the other end of the garden, when I got there the driver was reversing out of the garden. He agreed to park up while I got pen and paper to get his details, guess what? he did a runner. I called the police with the name of the company 'Murphy' and suspected the chap to be drunk at nine in the morning. He was arrested later that day day and was over the limit, I contacted the company only to be told it was not their problem he wasn't allowed to use the lorry when not working.
My insurance weren't interested so I got a solicitor involved and in a short time the garden was put back to normal with replanting, an ex gratia payment for the stress and the legal work paid for by the firm's insurers.
So I would get legal representation and I hope for a good outcome for you.

+1,let someone take the strain and get paid for it,insurers will have to stump for it

[powerslinky]

Crikey Opti, this seems like a complete shambles     

How are insurance companies allowed to behave like this is beyond me. Total stress for you & Mrs Opti

I think I would look at getting professional help in putting this claim together as well as getting something done pronto.

Feeling for you both  . . . but take heart from what has been already said by the oof members above

and chin up old chap

[scimmy_man]

contact one of the ambulance chasing firms, they will sort engineers to check the house is safe, compo for you wifes (and your) stress, and should appoint someone to sort everything out, the bill will be payed by the lorrys insurance.

dont even try to do it yourself, they will take the P as you are finding.

[jonathanh]

been in almost exactly the same position as you although in my case it was for £1,000.

Insurers when it comes to property damage hope you will go away, it is a civil matter rather than criminal so the police generally don't want to know

the insurers have a statutory responsibility for liability to third parties - I can find the reference in the road traffic act if you want.  however, here the approach I used

1) obtain a quotation for repair works for the damage and submit it to them

2) chase in 2-3 weeks if you have not received an answer ( you won't)

3) chase again saying that if you don't hear, you'll consider taking legal action

4) issue a final demand letter giving them 14 days or legal action will commence


the issue with the legal action is that if it is under £10k you cannot use small claims and that does mean solicitor.  If less than 10k run the claim yourself via small claims

I'd expect the insurers to cough up at point 4) as they then know you are serious

don't deal with your house insurers, its not their issue, deal with the lorry drivers.

and yes, when it comes to managing claims insurers are little sh1ts.  fight for every penny and do not give in. 

they rely most of the time on people trusting them or the old BS about their policy blah blah blah which is irrelevant as it is only civil law that matters

good luck

[SandBoy]

Just a thought.. Do you have home legal cover? If so, I'd have thought this would cover getting a solicitor working for you.

Totally agree with Kevin,check and check again,alot of policies have these in now,I know when we renewed we got legal cover...errr "Free"!!
Your insurers covered your property I would therefore imagine it is for them to act on your behalf and liase with the other company?
Be aware that IF YOU get builders to repair,then any faults are down to you to seek satisfaction,let the insurers get their own people in and then if you are not satisfied,it is down to the insurers to put right.

Sorry to hear of your dilema and hope you and the Mrs come out of this alright.
Link below may be of help?
http://www.financial-ombudsman.org.uk/publications/technical_notes/household-insurance-repairs.html

[pscocoa]

I cannot understand why your insurance company is not closely involved. If your house is fully insured they should be putting it right and they claim any recoveries from the guilty party.

If you have been unfortunate to have been dealt with by a numpty in your insurance companies claims department then you need to insist on the matter being escalated and a written response from your insurance company as to what is their precise position.

If not already done so you should have a letter into guilty party and any associated parties that you hold them responsible for all your losses whether insured or uninsured and that you will be taking action to deal with the rectification of the matter but give them a few days to respond and pass your letter to their insurers.

What is the value of the physical damage. Get the name of the Chief Executive of your insurer

[TheBoy]

I feel for you. I know exactly what you are going through.

The insurance should make things to the way they were before the incident, no more, no less, and no expense to you.

I think you should be chasing your home insurance, who in turn should be looking to recover losses from the 3rd party.

[Field Marshal Dr. Opti]

I feel for you. I know exactly what you are going through.

The insurance should make things to the way they were before the incident, no more, no less, and no expense to you.

I think you should be chasing your home insurance, who in turn should be looking to recover losses from the 3rd party.

[/highlight]

I am.

The bastards don't seem in any great hurry though.