|
Angkell, Are you saying that Zurich are denying all liability for the damage?
I assume as the neighbour's car was a company car, then it was relatively new, What caused the fire? Do you have any idea if it was a manufacturing fault, incorrectly repaired or perhaps arson?
Edited by Chris M on 26/05/2013 at 09:45
|
|
Chris M,no we don't believe the fire was arson as it did start under the car bonnet and yes the car was relatively brand new.The neighbour who actually saw the fire start was a call taker for the Fire Service and he made the call to the station.He said the fire was under the bonnet as Ive stated.Zurich did send the motorhome to a specialist garage to find out if it could be repaired,but as soon as they found out they could'nt get the parts they have more or less refused a settlement!Quite shocked that a world wide concern as big as Zurich can mess with people like this.
|
|
Don't take it personally, Zurich haven't got it in for your son. They can only refuse your claim on sound legal principals, not because it's going to cost more than they had wished. What does "more or less refused a settlement" mean? Have they put anything in writing?
|
Don't take it personally, Zurich haven't got it in for your son. They can only refuse your claim on sound legal principals, not because it's going to cost more than they had wished. What does "more or less refused a settlement" mean? Have they put anything in writing?
I wouldn't be so sure about that. Just google for "Zurich insurance refusing to pay claims" or similar.It would seem that they do not have an enviable record or reputation and have recently been given an official warning by a judge in Canada for dragging their feet for 12 years for a personal injury claim for no reason other than to avoid paying.
Time to have a free half hour with a good solicitor?
|
|
Lets just say they are getting totally messed about,its different when you can sit down and talk to people face to face.I don't think its good for anyone doing a night shift coming in from work and spending all day on the phone to an insurance company who are passing them from one person to another.I'm afaid I will take it personal when it affects any of my family.Zurich should be ashamed for the unproffessional way they deal with people.I wonder what would have happened if the car would have been damaged by the motorhome,its unfair in my opinion the way they are being treated.
|
|
So on what grounds are they refusing to pay? All you have said so far is they are messing your family around.
In your original post you asked for advice. A visit to a solicitor has been suggested, but I don't think you needed a motoring forum to suggest that as a possible action. If you want any other ideas, you are going to have to give us a clue as to the arguments the insurance company are putting forward to deny your son a payout.
|
|
You should be sorting this with your own insurance company and not the 3rd partys insurers. Your insurers will have to repair the van or if they write it off give you market value.
|
|
It was lets say an unproductive day on Friday with the insurance company,but they have given them hire of a motor home which I believe to be right.The next step will be Solicitor and then there own insurers probably.Zurich have said its now under investigation hopefully it will be a good outcome.Zurich did give them a positive feed back when it happened,so they did think everything was going to be sorted.They took the motor home away to see if it could be repaired as I have stated,but are now giving them it back after 6 weeks alas unrepairable due to parts not being available.What we can't understand is they took it away to be repaired and as soon as they found out it could'nt be done,they would not make a settlement yet they would have repaired the motor home?Totally mixed up!!
|
|
OK. So it appears the insurer has accepted liability as they have paid for the hire of a replacement and they have tried to get the damage repaired, but can't because the parts are not available. So far, I'd say they have treated you fairly.
The issue now is that they haven't told you what comes next. Are they trying to source a replacement vehicle? It doesn't make sense to me that they would have got this far and then stopped. What have they said about settlement?
|
|
It should be noted that a car catching fire next to your vehicle / property and setting your vehicle on fire does not automatically make the owner / Insurer responsible.
The normal negligence rules apply
|
|
Hi and thanks for your replies, the bottom line is, Zurich accepted liability, and have since took the vehicle for repair, found out the parts are unavailable, valued and then written the vehicle off as a Cat D write off, and even brought the motorhome back to my Son, then they refused liability?
No new information has emerged that they could argue in thier favour, just a change of minds when payments have to be paid out.
|
|
They can't just have a "change of mind". They need to put something in writing denying liability and giving some sort of reason. If they have, what's the reason and if they haven't, write to them giving them a reasonable timescale or otherwise you will be off to see a solicitor.
Does your son have his own comprehensive insurance?
|
|
Hi Chris and thanks for the reply,he got an email from Zurich and they are stating the negligence rule, saying that their customer was not at fault, and their engineers report said it cannot determine where the fire started in the Honda engine compartment, and are no longer willing to help, but they have offered him £75 compensation for the errors they have made.
My son if Fully comp.
They havn't even told him the Motorhome has been written off by them, it was his own insurers who told him!
|
|
They can't write it off if they're not admitting liability.
Seems like you need to let your own insurer deal with the matter.
|
|
Believe me they have written it off,and they had no right doing this when they have decided not to accept responsibility.Its been a total farce with Zurich they have caused us so much stress.Now if they would have told us in the beginning that they were'nt liable,things would have been different it is getting rather complicated now.The thing is we are just small fry to a big company like Zurich but we do have principals and this is why we are going to fight them on this.
|
|
So your son will be paid out by his own insurance. He may feel, and perhaps rightly so, that he has done nothing wrong, but that's why we buy comprehensive insurance. Same situation as hit and run. Life isn't always fair is it?
Zurich appear to have tried to do the right thing in the first instance. Assumed responsibility, taken the motorhome away for repair but upon investigation of the car that caught fire, can't find evidence to prove that their insured was negligent. If there is no negligence, then their insured isn't liable. Same situation as if a neighbour's roof tile had blown onto the motorhome in a hurricane - just one of those things, an "act of God".
If you disagree, get a solicitor to fight the decision as, as it stands, your son will lose some or all NCB he has. Whilst I understand your anger here, you need to put that to one side. Zurich will be looking at the cold facts and whatever course of action you take has to be based on cold facts too, not emotion.
|
|
so it was perfectly within zurichs right to write the motorhome off whilst accepting liability, then refuse?
|
|
Does it really matter who writes it off? A write off is a write off. If the required parts aren't available to Zurich, they're not going to be available to anyone else. Your son's insurers will do the same and pay out won't they? Had Zurich accepted liability, then they would have paid out. After investigation, Zurich have decided they are not liable. They would have realised it was a write off as soon as they knew it couldn't be repaired and it sounds like that was before their engineer had inspected the Honda.
What you should be concentrating on now is getting the money out of your son's insurers and pressing them to get Zurich to reimburse them so that his NCB isn't affected. However, your son's insurer may agree with Zurich!
|
|
Thanks Chris, they are now taking it to the ombudsman after advice from the ABI.
Thanks foreveryone's input and advice.
I'll post when the matter is resolved,
|
|
Bear in mind that the Ombudsman will not normally accept a complaint from a third party, it generally has to be from a customer about their own Insurer.
They do however make exceptions on very rare occassions so it worth speaking to them.
You should ask Zurich to remove the written off from the DVLA record
|
|
