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Road claim question: legal cover on claims less than £1,000

by Conrad Murray last modified 2006-12-20 10:36

Some time ago, my company car was damaged when a truck it whilst parked writing off in the process my prized mountain bike for which I had paid a substantial sum. I realise that I could have claimed on my house insurance but there was an excess and my premium might have increased. As the other driver’s insurers paid my company’s losses without any quibble, I was left to deal with the other driver’s insurers myself and frankly the amount they offered for the bike was a joke. As the claim was around £1,000 I couldn't get anyone to give me legal assistance without paying substantial legal fees to bring the claim. I gathered that I could have sued them in the small claims court but then I would have risked the court fee. Can you explain this? AP, Cirencester

The roadside lawyer writes

INSURERS ARE currently lobbying for an increase in the small claims limit. Currently it is set at £1000 and claims of less than this value do not permit you to recover your legal expenses meaning it is uneconomic - unless you have legal cover -  to use a solicitor even if you win. Insurers would like to see it raised to £2,500 which would exclude almost all claims such as yours and indeed left many personal injury claimants with less serious injuries unrepresented.

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