Nightmare that keeps getting worse - Admiral

Convicted Driver Insurance

GGG

Well-known member
I had accident drink driving in January, banned same month and get licence back march 2022, at fault claim is still open, I rang insurance up in June asking for proof of no claims( obviously no longer with them) received proof in post within 5 days stating 8 years no claims bonus intact and mentioned the accident in January as only claim in last 5 years, I'm assuming I will be able to use this when I get my licence back next year.
 

price1367

TTC Group
I had accident drink driving in January, banned same month and get licence back march 2022, at fault claim is still open, I rang insurance up in June asking for proof of no claims( obviously no longer with them) received proof in post within 5 days stating 8 years no claims bonus intact and mentioned the accident in January as only claim in last 5 years, I'm assuming I will be able to use this when I get my licence back next year.
Ou should be able to use that NCD. It is valid normally for 2 years from the expiry of the previous policy.
 

Rhism

Member
The policy states

'No cover under the policy will be provided and instead, liability will be restricted to meeting the obligations as required by Road Traffic Law. In those circumstances, we will recover from you or the driver, all sums paid (including all legal costs), whether in settlement or under a Judgement, of any claim arising from the accident.'

First time I've come across a case where they have pursued the policyholder rather than the driver. I thought they couldn't sink any lower.

Bear in mind they have a track record of incompetence (certainly in my son's case).

Short answer is Yes, they could take you to court. I have yet to find a case that Admiral have taken to court. A lot of people have asked for advice on here and many never come back to explain what happened. It's easy to make a claim through the small claims process and I'm surprised they don't pursue it through the courts. Makes me think they don't want the publicity, or they know they can't justify the size of the claim because they don't challenge the third party claims.
Try not to worry about the threats unless they actually start proceedings. Don't ignore any court letters! Seek advice from a solicitor or Citizens Advice if you do.

Admiral have to submit the claim to court within 6 years of the accident. After 6 years the statute of limitation kicks in and they lose the right to make a court claim. You're at least 4 years into the 6 so far.

Did you sign an indemnity form?

Did you claim for damage to your car, if so did they pay up?

Did the 'claim' appear on your father's record, leading to increased premiums? Did he continue with Admiral, or change insurer?

What have they said about the personal injury claim?

I would ask for a full and detailed breakdown of the £13k. Make it clear that you cannot consider settlement without understanding how the costs are made up. Don't make any commitment to pay!

Wait for their response then challenge each item.

Continue to emphasise the distress it caused by them pursuing your father. Make it clear you told them you were the driver and they shouldn't have pursued him. If you have emails or letters as evidence send them to Admiral. If it was by telephone ask for the recording of the call.
If your father had the claim against his insurance record then that's wrong.

Submit an official complaint to Admiral Complaints dept. - Excessive claims with insufficient evidence, spurious (possibly fraudulent) personal injury claim, pursuing your Dad not you. Registering a claim against your Dad (assuming they did). Causing distress asking for death certificate.

Then take it to the financial ombudsman. I succeeded in getting the claim removed from my record. No cover is provided, therefore no claim is made.

Take your time, drag it out as long as you can. Be insistent. The Ombudsman process is slow. Mine took months.
Admiral made several mistakes including breaking the data protection laws. Look out for the mistakes and pull them up on it.

No guarantee they'll back off, or that the case to will time out but it's worth trying.
Hi depressed dad,

I’ve seen a lot of your posts whilst trying to obtain information for my partner who was in a similar position to your son.
Where can I find information on the 6 year statute of limitation that you mentioned?

My partners RTA was in may 2016 so would be coming up to 6 years in a few months. However, the claim has only just been settled (for £117k!!) and he’s had correspondence with the company last year so do you know if that affects things?

Thanks in advance!
 

Depressed Dad

Well-known member
Hi depressed dad,

I’ve seen a lot of your posts whilst trying to obtain information for my partner who was in a similar position to your son.
Where can I find information on the 6 year statute of limitation that you mentioned?

My partners RTA was in may 2016 so would be coming up to 6 years in a few months. However, the claim has only just been settled (for £117k!!) and he’s had correspondence with the company last year so do you know if that affects things?

Thanks in advance!

I think @price1367 might have expressed a different view (or it might have been someone else) but my understanding it is from the date of the accident. Others think it is from the time at which the amount is known. I think it is the date of the accident. That's the point at which they cancel the policy dur to breach of contract.

I recommend you consult a lawyer to find out exactly when the clock starts and when the limitation expires. There may be some nuances. They need to register the case with the court within the 6 years to stop the clock ticking. Definitely worth dragging it out and challenging the claim for the time being until you find out.

If you do an internet search it comes up with this:

  • Simple claims in contract: date of breach of contract.
  • Claims brought in respect of deeds: breach of the obligation contained in the deed.
  • Tort: date the damage is suffered.
  • Personal injury: the later of the date the damage occurred or the claimant's knowledge of the damage.
  • Negligence (in respect of latent damage): the later of six years from the date the damage occurred or three years from the date on which the claimant had the requisite knowledge and the right to bring such an action.
  • Fraud: when the claimant discovered the fraud, or when they could, with reasonable diligence, have discovered it.
  • Defamation: date of publication of the defamatory act.







 

Rhism

Member
I think @price1367 might have expressed a different view (or it might have been someone else) but my understanding it is from the date of the accident. Others think it is from the time at which the amount is known. I think it is the date of the accident. That's the point at which they cancel the policy dur to breach of contract.

I recommend you consult a lawyer to find out exactly when the clock starts and when the limitation expires. There may be some nuances. They need to register the case with the court within the 6 years to stop the clock ticking. Definitely worth dragging it out and challenging the claim for the time being until you find out.

If you do an internet search it comes up with this:

  • Simple claims in contract: date of breach of contract.
  • Claims brought in respect of deeds: breach of the obligation contained in the deed.
  • Tort: date the damage is suffered.
  • Personal injury: the later of the date the damage occurred or the claimant's knowledge of the damage.
  • Negligence (in respect of latent damage): the later of six years from the date the damage occurred or three years from the date on which the claimant had the requisite knowledge and the right to bring such an action.
  • Fraud: when the claimant discovered the fraud, or when they could, with reasonable diligence, have discovered it.
  • Defamation: date of publication of the defamatory act.






Thank you so much for your reply and help.
Ive tried to enquire with a number of solicitors but can’t work out who it is I need to speak to. Emailed and rang a few firms who have just said they don’t deal with it but haven’t been overly helpful with who does!
I’m really hoping the 6 years is from the date of the accident because otherwise it’s looking like he’ll be filing for bankruptcy!
 

Depressed Dad

Well-known member
I can understand why a solicitor might shy away from trying to defend this type of case, but it is surely just a simple answer you require.

Maybe Citizens Advice would be more helpful.

Bankruptcy is not the only outcome and it's not in the interest of the insurer because they won't get their money.
They'll almost certainly suggest a payment plan and will want to look into the personal finances of your OH.

Is it Admiral? Any idea why it took them 5 years to get in contact?
Have they given a breakdown of the claim?
Did you OH sign anything?
 

Freddie Daddy

Active member
I can understand why a solicitor might shy away from trying to defend this type of case, but it is surely just a simple answer you require.

Maybe Citizens Advice would be more helpful.

Bankruptcy is not the only outcome and it's not in the interest of the insurer because they won't get their money.
They'll almost certainly suggest a payment plan and will want to look into the personal finances of your OH.

Is it Admiral? Any idea why it took them 5 years to get in contact?
Have they given a breakdown of the claim?
Did you OH sign anything?
Hi guys
You need an insurance specialist law firm in the first instance. It’s quite specialist and untested (I think). That’s probably why.
 

fml2020

Member
Hey depressed dad,
i last been in contact with admiral in June 2021 asking for evidence and they said they would gather evidence to send back to me. However, got an email late September from them saying they havent forgotten about me and are still trying to find evidence to give me (which clearly shows they haven’t gotten it). I still haven’t heard from them till this day and I was thinking is that a bad thing? Because I don’t think I should chase them although I do not fancy running out of time and not being able to fight before admiral tries taking me to court
 

Depressed Dad

Well-known member
Hi guys
You need an insurance specialist law firm in the first instance. It’s quite specialist and untested (I think). That’s probably why.

Absolutely!
Finding the right lawyer and being able to afford it makes it very hard to find expert help.

It is very complicated. Admiral got their T&Cs wrong because their own lawyers didn't understand it properly and had to change them after the FOS gave their view of how it should work.

Technically Admiral should only be able to pursue the 'uninsured driver' after the third party have won a court case and have a CCJ against the driver.

Admiral step in early and will settle with or without the driver agreement. They get the third party to sign a document allowing Admiral to deal with the claim.

What happened with your claim Freddie Daddy?
 

Depressed Dad

Well-known member
Hey depressed dad,
i last been in contact with admiral in June 2021 asking for evidence and they said they would gather evidence to send back to me. However, got an email late September from them saying they havent forgotten about me and are still trying to find evidence to give me (which clearly shows they haven’t gotten it). I still haven’t heard from them till this day and I was thinking is that a bad thing? Because I don’t think I should chase them although I do not fancy running out of time and not being able to fight before admiral tries taking me to court

I don't any point in chasing Admiral.

They need to give you a chance to pay up before they start court proceedings. The small court expect both parties to have tried to resolve the claim themselves and court is the last resort.

Admiral have to send you a Letter Before Action as a warning and chance to settle before starting court proceedings.
 

Rhism

Member
I can understand why a solicitor might shy away from trying to defend this type of case, but it is surely just a simple answer you require.

Maybe Citizens Advice would be more helpful.

Bankruptcy is not the only outcome and it's not in the interest of the insurer because they won't get their money.
They'll almost certainly suggest a payment plan and will want to look into the personal finances of your OH.

Is it Admiral? Any idea why it took them 5 years to get in contact?
Have they given a breakdown of the claim?
Did you OH sign anything?
Yeah, at the moment all I’m trying to find is who can advise but I’m struggling to find any information.

CAB just advised bankruptcy. A PI solicitor said the same but to let the insurance firm force it rather than filing himself.
I know they can’t take what we don’t have but I do worry that they can take anything he gains in the future? So after just getting on his feet, there’s no way bettering himself.

The whole thing happened before we met so I’m not 100% sure of the dealings with them when it first happened. Over the three years I’ve been with my partner though the claim against him was ongoing and letters were received last year which stated the amount they were trying to claim totalled over 400k. At this point he was sent a form to declare his earnings and was advised to fill this in which he did. However was out of work at the time so it would be slightly different now.
They have just settled the claim which is why they’ve sent another letter now with the final agreed amount.

It was esure that he was insured with, I’d just seen some interesting points on this thread so thought I’d ask on here.

thanks again for your replies!
 

smokey85

New member
Your insurer is paying out because they are legally obliged to settle the third party claim, irrespective of a DD conviction.
In a non-DD claim they'll just stump up the money and unlikely to challenge the costs unless they are blatantly wrong.

It's easier and cheaper to not challenge. All the insurers do the same so I suppose it evens itself out. That's all well and good when the costs are paid by the insurance company, you just don't need to worry about it. The claim in my sons case was settled way before they came after him so the threat about signing the indemnity form before they challenge seems a little hollow.

When the insurer decides to recoup the money from you personally it soon becomes apparent how inefficient and inept the whole process is.
That's where you need to challenge everything. They make stupid mistakes like sending us the name and address of the other party - breaking data privacy laws. Make of note of all of it and point it out to them.

I see many people pleading for help. I have been contacted numerous times. Unfortunately I very rarely see the outcome of their case. Some will agree a reduced figure and a payment plan. Others like me went quiet for long periods to help the 6 years pass without stirring up Admiral's attention.

It would be good if people seeking help do come back and explain what happened to them.
Hi - you mentioned going quiet for long periods of time, how did the pan out and in what context do you mean?
Assuming you mean you didnt reply to their letters even though they have said you have 28 days to reply? Upon not replying did they not follow up with a court letter?

Thanks,
Smokey
 

Depressed Dad

Well-known member
Hi - you mentioned going quiet for long periods of time, how did the pan out and in what context do you mean?
Assuming you mean you didnt reply to their letters even though they have said you have 28 days to reply? Upon not replying did they not follow up with a court letter?

Thanks,
Smokey


It usually went quiet on their side. I never ignored their communication but never hurried to respond. It usually triggered more questions from me, which added more weeks. Probably easier for them to focus on softer targets.

The FOS complaint held up progress for a few months.

It usually took them a while to respond and eventually they just stopped writing and it timed out on the 6 year statute of limitation. I was never going to poke the bear to wake them up.
There were never any court letters. Threats of court action were never followed through by them.

This was several years ago so I don't know if they do things differently now.
 
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