Nissan Primera II - insurer taking forever to pay up - danidge

My car was hit in the rear last January and declared written off. Other party insurers admitted liability months ago but my insurers cannot get money out of them. Hence 10 months later I have still not got my excess and expenses reimbursed . My observations are: 1. I have requested a deadlock letter from my insurers so that I can take the matter to the Ombudsman. My insurers have refused this, saying they want to get it resolved. 2. The insurers have contracted out the claim to personal injury solicitors-but there has never been a claim for injury. I,and my passengers, were OK. 3 . The solicitors are useless. Calls are not returned. Promised emails are not sent. Matters are not being progressed. The person handling the claim does not tell the truth. For example, months ago I was told the cheque was on their office table." Its no good there-send it to me".OK was the response, but it never arrived. It was another lie. 4. Do solicitors get more fees from the insurers if they can drag out the claim? Are their fees related to time taken? Do they get more fees if they can "invent" problems, confussion and delays? Then they draw fees for resolving these self imposed problems?

Any observations would be most welcome.

Nissan Primera II - insurer taking forever to pay up - LucyBC
The solicitors won't be interested as it is damage only and they cannot make money out of it which is why they have been trying to drum up a personal injury claim.

They are either holding on to your money or they don't have it.

If the solicitors are holding on to your money then you need to sue them. If the insurer hasn't paid up proceedings need to be issued against the insurer. If the claim has been settled in full by the third party and your insurer is holding on you need to sue your own insurer.

How much is the loss involved as I may be able to help you with this?

By the way disputes such as this are exactly why you need properly insured independent legal protection such as AutoLaw from www.24cover.co.uk

If you buy your legal cover from your insurer (which is probably rubbish anyway) the chances are they will not act against your insurer even if you have a case because they rely on them to sell more policies.
Nissan Primera II - insurer taking forever to pay up - danidge

Excellent comment regarding independent legal protection- something I was not aware of. I cannot change this until my policy comes up for renewal.

Why did, or do ,my insurers automatically pass the claim to personal injury solicitors when nobody is claiming any injuries?

A recent story is the third party insurers have released a cheque....but it never left their accounts department. The next version was the cheque was waiting in the accounts department......but had been written to cover my insurers losses plus mine. Hence it was invalid because it cannot be split in two. Both are different stories to that given by the solicitors a couple of months ago.

Regarding money-after salvage payment I purchased car and insurer paid out £731. I received this but am waiting for excess etc at £651.

My overall opinion is my insurer is staffed with lots of young telesales claims handlers who have barely adequate ability. Every call gets taken by a different person and the notes then put on the file are inadequate or wrong. It may not be to my advantage but I am now with a different insurer. May not be any better -won't know until a claim arises!

Nissan Primera II - insurer taking forever to pay up - danidge
Back to Lucy BC please.

Other party insurers now say full and final settlement with a slightly increased offer for loss of use of my car whilst it was waiting for an asessor. This takes me to 1.5 weeks before my insurers wrote to offer terms/ways of settlement! They are taking the p-ss.

No way have I been put back in the position I would have been had the claim not occurred. The battle continues without any help from the useless personal injury solicitors.

This was a simple, low cost, claim where my car was hit in the rear and written off. I had fully comp cover, there were no injuries, witnesses came forward, and the other drivers insurers accepted liability. That said, 1 year on and it is still not resolved.

Is this a normal level of service from insurance companies? The administration is out of all proportion to the claim...........should add the personal injury solicitors have awarded me £25 to cover 1 years post, phone calls, hassle etc. Pathetic- sums up the claim really.

One for all forum members to reflect on. I was innocent motorist but get loads of hassle. Guy who hit me was guilty of bad driving but no charges were brought. His truck was repaired by his insurers 11 months ago and he had no hassles. "Life aint fair"!
Nissan Primera II - insurer taking forever to pay up - LucyBC
The core problem is in any accident claim all the money is in the personal injury and the credit hire.

With the downturn in the property market and almost no legal aid much of the legal profession exists on PI.

At the same time an entire "accident management" industry has developed largely on the basis of charging exorbitant fees for credit hire.

Insurers complain loudly about both the cost of personal injury claims and that of credit hire but they are also the largest beneficiaries and no one is willing to pop the bubble.

The people who ultimately pay are the public in both higher premiums and almost a complete disinterest on the part of their insurer if their accident does not involve an injury they can auction off to the highest bidding legal firm or a commission on a very expensive hire car from their accident manager.
Nissan Primera II - insurer taking forever to pay up - danidge
"The core problem is in any accident claim all the money is in the personal injury and the credit hire. With the downturn in the property market and almost no legal aid much of the legal profession exists on PI."



Thank you, Lucy.



If solicitors can exist only by ambulance chasing and ripping off motorists via insurance claims one has to question their role in society. Little benefit to mankind here and little contribution to society. Market forces should be driving many of them out of business and the remainder should be reducing their fees to affordable rates.
Nissan Primera II - insurer taking forever to pay up - danidge

Apologies to Lucy I do not want you to take this personally (I value your opinions)

I have a detailed breakdown of the fees incurred by the solicitors in "dealing" with my claim. Absolutely scandalous and I would suggest criminal.

I will throw this to the forum, to canvass opinion.

Solicitors say they phoned my mobile phone but got no answer. Now bear in mind the phone is a business tool with an answerphone- so this cannot occur. For this the insurance company was billed £17.50. Then again in the afternoon. Then the next day. Then the afternoon. Then the following day.Then the following day. Then.............and so it goes on.

I am suggesting it is all lies but there is no mechanism for checking. The solicitors "invent" a fictitious bill and the insurance company pays up without a murmur of objection. So it is a licence to print money. All this is being paid for by motorists.

As I said it is criminal............but we are talking about the legal profession, so do we have to assume thats alright and fair play?

Nissan Primera II - insurer taking forever to pay up - Lygonos

Lawyers taking a page out of the Good Accountants' Handbook there.

Maybe finding one of the law firm's partners and writing to them that unless the case was delat with more briskly you would be writing to the Law Society, "and by the way I will include a copy of your fee schedule" might reduce the tardiness?

Nissan Primera II - insurer taking forever to pay up - LucyBC
Solicitors say they phoned my mobile phone but got no answer. Now bear in mind the phone is a business tool with an answerphone- so this cannot occur. For this the insurance company was billed £17.50. Then again in the afternoon. Then the next day. Then the afternoon. Then the following day.Then the following day. Then.............and so it goes on.

I entirely agree with you. The problem is time charging. It should be based on a fixed fee.

As things stand it is in everybody's interest to delay resolution. The accident manager gets more money by delaying the repair and hence extending the credit hire, the repairing garage also benefits as they pick up storage charges and the solicitor benefits by delaying settlement on the injury.

The new "fast track" system gets us part of the way there but only part way.

My own approach on any legal work is to quote a price to get to either a certain point in the case (such as issuing proceedings) or set a fee to achieve a pre-agreed outcome.

We are currently dealing with a relatively simple Sale of Goods Act case where the other side - a garage - instructed a solicitor to act for them. We would normally resolve these on the phone or by email in a day or so to everyone's satisfaction.

However the solicitor is this case concerned writes a two page letter to answer every point, mostly (I suspect) to drum up more costs from his client.

There are currently 18 letters on the file from him - mostly about costs. I am not party to the bill but my guess is that current legal costs to the other side will far exceed the cost of settlement.

At most this would be a small claims track case so no legal costs are recoverable so the entire liability for payment lies with his client.

Nissan Primera II - insurer taking forever to pay up - danidge
There are currently 18 letters on the file from him - mostly about costs. I am not party to the bill but my guess is that current legal costs to the other side will far exceed the cost of settlement.

In simple terms I blaim the garage for being stupid and instructing a solicitor. A garage is run by one or more business people who should be finance and business savy. I would also expect them to be streetwise.They should know better.

I am an ordinary working man. I took a garage to the small claims court 3 years ago. It was daunting and I found it scarey/stressful. I was complimented by the judge - he was amazed at my knowledge of the motor trade and car mechanicals! (I do not work in the motor trade so have very limited knowledge)

My verdict to all my fellow forum readers is ........I WON THE CASE AND IF I CAN ACHIEVE THIS, ANYBODY IS CAPABLE OF GOING TO THE SMALL CLAIMS COURT.

I will get off my soap box now! Back to Lucy. What is the new fast track system and why is it (clearly) not being used by the insurance companies?