A couple of months ago I had a car accident while on holiday in Italy. No one else was involved - a flash flood swept our car off the road and into a crash barrier. I called the Breakdown company with whom I had a policy and they told me they could not help as I had not broken down but had an accident. At the time I accepted this and made arrangements myself to have the car repaired and to extend our stay abroad at my own cost. Since then I have discovered that I was covered for assistance including accommodatino and car hire. The company are willing to cover the accommodation costs and would have paid for car hire, but due to the cost we managed for ten days without transport. Do I have any redress for a ruined holiday, a lot of stress and costs which I incurred by not having a hire car?
System of Law: England-and-Wales
Nothing - have simply asked what the company is willing to offer
How much are you hoping to claim from the breakdown company? Can you give a breakdown of your loss?
Any chance of an answer?
Hi,I'm guessing my first reply didn't come through. here is the response a second time!I was initially asking if I could be reimbursed for accommodatino costs coming to about £450 and a ferry crossing of a bout £50.However, I wanted to know if I had any redress for the fact that having traken out an insurance policy and then called for assistance to which I was entitled, assistance was denied and I was left to sort the problem out myself. I was also refused a hire car which I should have had, thus incurring more inconvenience and costs.,Any chance of an answer?
,Hi,I'm guessing my first reply didn't come through. here is the response a second time!I was initially asking if I could be reimbursed for accommodatino costs coming to about £450 and a ferry crossing of a bout £50.However, I wanted to know if I had any redress for the fact that having traken out an insurance policy and then called for assistance to which I was entitled, assistance was denied and I was left to sort the problem out myself. I was also refused a hire car which I should have had, thus incurring more inconvenience and costs.,Any chance of an answer?
Hello, I do apologise for not answering your question earlier. However, it seems your response was listed under the European Law category. I am only authorised to answer UK law questions and therefore was blocked from your question for a while. I hope that this answer will however get through to you now as it appears to be open to me again.In answer to your question, you have nothing to lose by issuing a claim in the small claims court. That would be the appropriate court to issue proceedings as your claim is worth less than £5000.In the small claims court you are not liable to pay the other party's legal costs and therefore it is always worth bringing a case if you think you have a point worth arguing.In your case, my view is that you do have a point to argue.The reason I say that is:1. the company was untruthful in saying you were not covered2. The company has essentially admitted that untruth by agreeing to pay for your accommodation3. you suffered more losses than simply those of your accommodation - ie the extra costs incurred as a result of not having a car, resulting in ferry costs of £504. You are permitted to claim for your "disappointment" in having your holiday detrimentally affected by the inconvenience and distress caused due to the breakdown company's refusal to accept their responsibility when you first called them.In conclusion you do have a claim and it is worth issuing proceedings.The company is likely to settle with you rather than go to court so you will probably receive some form of compensation from them before matters even come to court.Good luck with his.Please rate my answer "OK ANSWER" or above.I should notify you that from this point on any further answers will not now be dealt with until tomorrow. Please feel free to post any more questions if you feel the need and I will deal with them tomorrow morning. Thank you.
Many thanks for the reply - are you able to tell me how to issue proceedings?
I am an spanish atorney and I have 2o years experience in car insurances
As far as there is not a guilty of the accident, I mean there is nobody to be claimed for it, you do not have any chance to ask for civil claims to the insurance, once they have pay the cost of the stay and the car fixed.
You could ask for it when somebody crash you as a damage to be paid in civil way but not in contractual insurance way.
Thank you for a good evaluation of the answer.
Hello, I can see that you asked a further question which I apologise for not getting back on. In the meantime you have had another answer from a lawyer in Spain I see.My view is that the insurance company should have paid your car hire and accommodation. They are agreeing to do the latter but not the former. As a result of not doing the former you have the right to take them to court if they have breached a clause in the agreement you have with them. To issue proceedings and to ask for any very general administrative advice you need to visit your local county court and fill in a claim form.You must check the clauses on your insurance document first however. If there is a clause of payment for car hire in the event of an accident and you point this out to the insurance company they are likely to settle with you before needing to go to court.I hope this is of assistance to you.
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