Albany Assistance (or lack of it) | Legal matters | Back Room Forum

Thu 27 Oct 2011 13:33

Albany Assistance (or lack of it) - m5rcc

Hello all,

I hope someone would be able to assist me with a problem that can potentially blow up in my face.

In July 2009, I had an accident in my motorcycle where a third party driver had not looked before turning onto a parking space on the other side of the road. As result he hit me (coming from the opposite direction) and knocked me down. I feel that I am not to blame as I was driving in my lane and he has, by rights, need to give way to opposite traffic, which he failed to. The motorcycle was undrivable as the whole of the front caved in with bent suspension arms and bent steering. His car, although slight damage to his front nearside, was drivable.

I pursued to claim under his insurance and I was told that he was refusing to co-operate with them and the insurer could not pursue my case. After many weeks of waiting, chasing and being pro-active, I had no alternative but to go via my insurer. They proceeded with my claim, I paid my excess and was referred to Albany Assistance, who provided me a replacement motorcycle for the duration of the repair, which I had used and gave bank on return of my repaired motorcycle.

I have heard nothing since, until now, where Albany have all of a sudden have sent me a letter claiming that, in order to recover their costs from the third party, they require a “signed mitigation statement” from me. This statement seems to be 3-4 pages worth of legal terms and conditions that no doubt favour them, as opposed to me. This is after some 27 months, in which it would appear they have sat on this case, done nothing, proving their incompetence. No wonder they have such a bad reputation.

I believe the potential bill will come to at least four figures judging by the very high charges they impose. As per the “Honda S2000 - Credit Hire issues 18 months after accident” thread by ‘Jungle Tim’., some people have rejected to sign any documentation and just put pressure on Albany to their job.

Can anyone advise what is the best cause of action?

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Thu 27 Oct 2011 15:14

Albany Assistance (or lack of it) - Dwight Van Driver

Book a free session with a Solicitor at Cit izen Advice and go through all that paperwork.

dvd

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Thu 27 Oct 2011 17:17

Albany Assistance (or lack of it) - bonzo dog

Hi m5rcc, very sorry to hear of your accident; as a temporary ex-motorcyclist (until the kids grow up & my time is mine once again!) my first thought is which hospital did you put the idiot into?

The second is why did you not call the police? They could have prosecuted under dangerous driving which would almost certainly have helped force both him & his insurance to be more co-operative.

Lastly, whilst I'm no fan of these claims management services, it would seem that in this case they have done what they were supposed to do ..... you were unable to pursue the imbecile via his insurance, so yours placed you into the hands of Albany who got the bike repaired & provided you with a replacement whilst yours was off the road. As long as they are not asking you to indemnify them for their costs in the absence of them recovering the costs from his insurers, then well done Albany

Hope you wasn't hurt & it hasn't put you off biking

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Thu 27 Oct 2011 17:59

Albany Assistance (or lack of it) - m5rcc

Heh - well I am not a violent person, but I blastered the third-party who still doesn't beleieve it was his fault despite turning in just as I was about to pass him.

I did call the police but they saw this as nothing other than a road/civil incident to take up with the insurance.

I signed everything I was asked to sign back then, including the forms to release Albany's hire bike to me, so I don't see how or why after more than two years theyre still chasing.

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Thu 27 Oct 2011 18:18

Albany Assistance (or lack of it) - focussed

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Fri 28 Oct 2011 09:06

Albany Assistance (or lack of it) - ifithelps

You are obliged to keep your claim as low as is reasonable - mitigate it.

In other words, you accept a hire motorbike (in your case) that keeps you mobile, not a machine that is 10 times as expensive as your own.

You also only keep it for as long as is strictly necessary.

This statement may be no more than you confirming that is what you have done.

Albany may require it to present to the other insurance company to get their bill paid.

But it's not possible to give copper-bottomed legal advice on a legal document without seeing it.

Getting the document looked over by someone with legal training is a good idea.

Edited by ifithelps on 28/10/2011 at 09:09

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Fri 28 Oct 2011 13:35

Albany Assistance (or lack of it) - m5rcc

Absolutely. I havnt claimed any injuries (although i did suffer heavy brusing) nor anything like that. I am just wishing to claim my excess that I hd to fork out and obviously the lease of this hire bike from Albany.

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Tue 1 Nov 2011 13:59

Albany Assistance (or lack of it) - focussed

Tried to post before but didn't work-try again.

Don't bother going to the CAB or an ordinary lawyer use a specialist motorcycle solicitor-ordinary legal sorts don't know the difference between a Fireplace and a Fireblade. Suggest you look at the classified section on Motorcycle News website. Hope you get sorted.

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Sat 14 Jan 2012 12:59

Albany Assistance (or lack of it) - jamsey2000

the mitigattion statement they will be requesting you sign is used to recover the hire charges back from the third party insurer. without this document signed by you the third party insurer will not pay any charges as they will argue that you didnt need the hire motorbike and could have made use of public transport (thats the job of the third party insurer, pay as little as possible). this is why insurance premiums are increasing as insurers do not like to pay costs. Albany will have advised you that you would have a credit protection policy which there is no charge for. This covers you against any un-recoverable charges, giving that you have offered resonable assistance. If the third party insurers do refuse to pay costs then this is classes as a write-off i.e Albany write the costs off. This is why claims management companies have to be careful about what claims they take on as it is all a question of risk. I

i have dealt with Albany on many occasions and have always found the service to be a high standard.

in regards to the bad reputation. how many people actually take the time to post good comments? i usually find the answer is none.

i think the best course of action would be to speak to Albany and ask why they have requested you re-sign these documents, it may be a simple error or actually a valid reason.

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Fri 6 Apr 2012 23:17

Albany Assistance (or lack of it) - EJ_118

I work for albany assistance..! message above has a fair point.. who takes the time to actually write good reviews? bad revews obv stand out more... why dont you pick up the phone and call albany if you have any problems and we'l sort them out for you and answer any questions?!

Our company provides more benefits so why does so many people complain? you dont pay any excess and it doesnt affect your insurance or no claims?! all we ask is that our clients co-operate with us and help our company claim any costs back if theres any dispute with your claim later down the line... you should be grateful that you got a replacement vehicle and were still able to stay on the roads!! I know I would be!

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Fri 1 Jun 2012 19:25

Albany Assistance (or lack of it) - chris1850

Just going down the route of Albany for the first time for my mother who was involved in a no fault accident where somebody ran into the back of her.

Big problem is if you phone Albany - I have just spent 1.5 hours on the phone being transferred to 5 different people and holding each time, because someone at Albany had made a mistake entering the original details and had requested a manual instead of automatic car from the delivery people. This was after discussing at some length the fact that the car is an auto & the replacement HAD to be an auto.

Anyone can make a mistake, I agree, but having to be transferred through 5 people over a period of an hour and a half is ludicrous.

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Sat 2 Jun 2012 10:20

Albany Assistance (or lack of it) - Alyn Beattie

Invoice them for your time and call cost.

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Wed 3 Jul 2013 21:10

Albany Assistance (or lack of it) - Helen Cos

WOW! You work for albany assistance. They have been dealing with my claim for over 6 months now and guess what? they have never phoned me back once so your commen about contacting them is laughabe really as for the past 6 months all i have been told is the following: OUR SYSTEMS ARE DOWN WE WILL CALL YOU BACK( NOT)

THE THIRD PARTIES SYSTEMS ARE DOWN

THE THIRD PARTY ARE NOT RESPONDING( I PHONED 3RD PARTY THEY SAY ALBANY IS NOT RESPONDING)

WE CURRENTLY HAVE A BACKLOG WE WILL CALL YOU BACK(NOT SUPRISED)

WE WILL ADD A NOTE TO OUR COMPUTERS FOR SOMEONE TO UPDATE YOU

WE HAVE NO RECORD OF YOU CALLING(EVERY DAY FOR 6 MONTHS)

THE THIRD PARTY SENT WRONG CHEQUE AMOUNT, WE SENT IT BACK BUT CANT SAY WHEN YOU WILL RECIEVE IT.

OMBUDSMAN TELL ME TO GO THROUGH YOUR COMPLAINTS DEPARTMENT, YOU SAY YOU DONT HAVE A COMPLAINTS DEPARTMENT, I ASK TO SPEAK TO A MANAGER AND SURPRISE SURPRISE YOUR COMPANY HAVE NO MANAGEMENT.

HAD ENOUGH NOW OF DEALING WITH ALBANY AM GOING TO SEEK LEGAL ACTION TOMORROW TO TRY AND GET A CCJ AGAINST ALBANY ASSISATANCE.

anyone else have to take these measures let me know cheers

Edited by Avant on 04/07/2013 at 01:28

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