Print

Please login or register.
1 Hour 1 Day 1 Week 1 Month Forever
Login with username, password and session length

[cleggy]

Spot on Lizzie That was our experience when a lorry ploughed our garden but it was years ago.

[TheBoy]

Thanks, chaps. humour is always good.

I have another dilemma. I  managed to get a quote for returning the garden to it's former glory. £5000 ish. I have another landscaping company coming tomorrow at eleven.

The 'garden cover' with my insurance (Trinity) is only £350 and they tell me this is the most, by law , they can bill the other insurance company.

It seems I may have to make a second claim against Aviva. Insurance companies seem to have a very cosy arrangement with one another.

Absolute rubbish.  You are making a claim from the insurer of the lorry - they have a statutory responsibility to cover you as a third party.  Your insurer is being stupid, they are making things up as usual.
If they are saying things " by law" ask them specifically to quote the precise legislation because it does not exist!

this makes my blood boil.....

Possibly might be if that is the smallprint of the policy .  At this time, as I understand it, the Lorry company has not admitted liability, so its (currently) all down to the wording of Opti's policy docs.

For example, my outdoor furniture/structures/stuff were only covered up to £1k (plus plants at £250), as that was my policy. With no other 3rd party liability, that's the lot.

[Lizzie_Zoom]

Thanks, chaps. humour is always good.

I have another dilemma. I  managed to get a quote for returning the garden to it's former glory. £5000 ish. I have another landscaping company coming tomorrow at eleven.

The 'garden cover' with my insurance (Trinity) is only £350 and they tell me this is the most, by law , they can bill the other insurance company.

It seems I may have to make a second claim against Aviva. Insurance companies seem to have a very cosy arrangement with one another.

Absolute rubbish.  You are making a claim from the insurer of the lorry - they have a statutory responsibility to cover you as a third party.  Your insurer is being stupid, they are making things up as usual.
If they are saying things " by law" ask them specifically to quote the precise legislation because it does not exist!

this makes my blood boil.....

Possibly might be if that is the smallprint of the policy .  At this time, as I understand it, the Lorry company has not admitted liability, so its (currently) all down to the wording of Opti's policy docs.

For example, my outdoor furniture/structures/stuff were only covered up to £1k (plus plants at £250), as that was my policy. With no other 3rd party liability, that's the lot.

I do not see it that way as legally it should be straightforward. Opti,s house was stationery at the time being built on foundations that meant it could not move and hit the lorry! No, the lorry hit the house and it is their insurance company who must bear liability and meet all of the claim. A solicitor charged by Opti to take on this case will lay due claim for full and total compensation and failure to meet that claim will end up in court. Opti,s insurance company have nothing to do with this claim, apart from using any legal assistance if his policy covers that, as the claim cannot be disputed unlike when two cars meet; once more the house did not move to hit the lorry, it WAS the other way around!!

[Entwood]

Whilst I totally accept Lizzies views, and in an "ideal world" they are totally and 100% correct.

However, we do NOT live in an "ideal world" and the lorry may be un-insured, or insured overseas with very different criteria being applied by the relevant insurer.

As either case risks the dreadful scenario of an "uninsured" outcome that would have to be resolved by taking either/both the driver and the company to court in the UK.. and if they simply don't respond/turn up there is little that can be done ...

then I fully understand Lord Opti's use of his own insurers ... if it all goes to worms the claim will be paid by them, so best to get them on-side (and keep them there by playing nicely) until things start to get resolved ..... liability may not be in dispute, certainly the property did not jump in front of the truck, but the willingness (ability ?) to pay may well be the problem ...

[TheBoy]

Thanks, chaps. humour is always good.

I have another dilemma. I  managed to get a quote for returning the garden to it's former glory. £5000 ish. I have another landscaping company coming tomorrow at eleven.

The 'garden cover' with my insurance (Trinity) is only £350 and they tell me this is the most, by law , they can bill the other insurance company.

It seems I may have to make a second claim against Aviva. Insurance companies seem to have a very cosy arrangement with one another.

Absolute rubbish.  You are making a claim from the insurer of the lorry - they have a statutory responsibility to cover you as a third party.  Your insurer is being stupid, they are making things up as usual.
If they are saying things " by law" ask them specifically to quote the precise legislation because it does not exist!

this makes my blood boil.....

Possibly might be if that is the smallprint of the policy .  At this time, as I understand it, the Lorry company has not admitted liability, so its (currently) all down to the wording of Opti's policy docs.

For example, my outdoor furniture/structures/stuff were only covered up to £1k (plus plants at £250), as that was my policy. With no other 3rd party liability, that's the lot.

I do not see it that way as legally it should be straightforward. Opti,s house was stationery at the time being built on foundations that meant it could not move and hit the lorry! No, the lorry hit the house and it is their insurance company who must bear liability and meet all of the claim. A solicitor charged by Opti to take on this case will lay due claim for full and total compensation and failure to meet that claim will end up in court. Opti,s insurance company have nothing to do with this claim, apart from using any legal assistance if his policy covers that, as the claim cannot be disputed unlike when two cars meet; once more the house did not move to hit the lorry, it WAS the other way around!!

Aye, but until liability has been established, either by a court or by one side admitting that, there is no liability.  Insurances work in mysterious ways, believe me, they have sent me through every emotion going since July 2013.  I'm lucky in that we can now get on with the rest of our lives, as the claim has now been completed (although the house not yet repaired - long story). I feel anguish and anger for what Opti and Mrs Opti have ahead, although their case should be less frustrating than mine as (presumably) only one property involved.