Settlement cheque being withheld .

reddanmm

Hello I hope someone can help with this. A family member of mine had a car accident in 2016 the case was finally settled in early November on the court steps but he had still not received his cheque.

After unanswered emails and calls to his solicitor
he has finally got back yesterday and he says that he has not received the money and he will have to sue the insurance company Solicitors for the money (they have offices down the road from him)

The insurance company was with a Danish insurance company that went bankrupt.
From what I have read the Danish government have covered all claims relating to this company through the danish guarantee fund .
According to the CPC the insurer must draw the cheque within 10 working days
He would appreciate any advice.

ELM327

Talk to your solicitor

Sleeper12

reddanmm wrote:

The insurance company was with a Danish insurance company that went bankrupt. From what I have read the Danish government have covered all claims relating to this company through the danish guarantee fund .

I don't know for certain but they most likely were only covered by the government in their own country and not Ireland

reddanmm

ELM327 wrote: »

Talk to your solicitor

The solicitor ignores calls and emails . This is the first reply since November .

reddanmm

Sleeper12 wrote: »

I don't know for certain but they most likely were only covered by the government in their own country and not Ireland

They definitely covered Ireland .

https://www.google.com/amp/s/www.irishtimes.com/business/financial-services/denmark-to-pick-up-tab-for-qudos-s-1-400-irish-claims-1.3738519%3Fmode%3Damp

nuac

Mod
In fairness to your own solicitor there are often difficulties and delays when a foreign insurer goes bankrupt,
Leaving open for now for discussion by anyone with experience of such situations

Eggs For Dinner

Op, was the 3rd party a business or a private individual?. The Danish compensation fund is treating those 2 categories differently

reddanmm

Eggs For Dinner wrote: »

Op, was the 3rd party a business or a private individual?. The Danish compensation fund is treating those 2 categories differently

Hi he is a private individual . It was a car accident .
As I said the case was settled in Nov and his barrister said he would have the money by December.
Now his Solicitor is saying that he has to sue the insurers Solicitor's.

ohnonotgmail

reddanmm wrote: »

Hi he is a private individual . It was a car accident .
As I said the case was settled in Nov and his barrister said he would have the money by December.
Now his Solicitor is saying that he has to sue the insurers Solicitor's.

Why would he have to sue the insurers solicitor? is his solicitor saying that the insurers solicitor have the money and are refusing to pay it over?

reddanmm

I haven't a clue , when he finally got to speak with him yesterday the solicitor said that he has not got paid yet and he is drawing up papers to sue .
The Solicitors he is talking about is in the same city .

Marcusm

nuac wrote: »

Mod
In fairness to your own solicitor there are often difficulties and delays when a foreign insurer goes bankrupt,
Leaving open for now for discussion by anyone with experience of such situations

With respect, the insurer went bankrupt in December 2018 if that article is to be believed and the OP says the settlement was in November 2019. If the solicitor was unaware of the difficulty with the insurer, he was failing in his duty of care to his client; if he didn’t take account of the bankruptcy when agreeing the subsequent settlement, he was similarly lacking!

reddanmm

Marcusm wrote: »

With respect, the insurer went bankrupt in December 2018 if that article is to be believed and the OP says the settlement was in November 2019. If the solicitor was unaware of the difficulty with the insurer, he was failing in his duty of care to his client; if he didn’t take account of the bankruptcy when agreeing the subsequent settlement, he was similarly lacking!

Hi his solicitor informed him on 2018 of the situation. No policies or claims were affected by this as the Danish guarantee fund were covering all claims
It was not like the setanta debacle where everyone lost their policies and had to get new ones,or rely on the MIBI to payout claims .
The case was settled on the steps of the court by the barristers from both sides .

Eggs For Dinner

reddanmm wrote: »

Hi his solicitor informed him on 2018 of the situation. No policies or claims were affected by this as the Danish guarantee fund were covering all claims
It was not like the setanta debacle where everyone lost their policies and had to get new ones,or rely on the MIBI to payout claims .
The case was settled on the steps of the court by the barristers from both sides .

It is similar to the Setanta situation in that everyone DID lose their policies. However the underwriting agency, Patrona, covered the cost of transferring cover immediately to other insurers until renewal.

Although settlement was agreed in November, each claim then has to be submitted separately to the Danish compensation fund for payment. It can take time

reddanmm

Eggs For Dinner wrote: »

It is similar to the Setanta situation in that everyone DID lose their policies. However the underwriting agency, Patrona, covered the cost of transferring cover immediately to other insurers until renewal.

Thanks for the reply. Although settlement was agreed in November, each claim then has to be submitted separately to the Danish compensation fund for payment. It can take time

So even though both sides settled on a figure it then has to go back to the fund for payment . Do you know how long that would take . Are we talking months. His solicitor did not explain any of this to him .

punisher5112

I only got mostly sorted from a crash in 2012.

Setanta prolonged it and went bang.

Mibi had to sort it.

Eggs For Dinner

reddanmm wrote: »

So even though both sides settled on a figure it then has to go back to the fund for payment . Do you know how long that would take . Are we talking months. His solicitor did not explain any of this to him .

Not long, funds are going across relatively fast (month or so). Don't know what the particular issue could be in your case

reddanmm

Eggs For Dinner wrote: »

Not long, funds are going across relatively fast (month or so). Don't know what the particular issue could be in your case

That's good to know . It has been 2 months now. So basically he is saying that the insurers solicitor has it and he has to sue them to get it . Which I find really weird.
Although saying that I had my own dealings with that Solicitor's firm where they kept 20 grand belong to me for months . But that's another story 😩

reddanmm

punisher5112 wrote: »

I only got mostly sorted from a crash in 2012.

Setanta prolonged it and went bang.

Mibi had to sort it.

Awful, is that because the MIBI were involved ? Thankfully the Danish government have agreed to pay the claims for this one .

Eggs For Dinner

reddanmm wrote: »

That's good to know . It has been 2 months now. So basically he is saying that the insurers solicitor has it and he has to sue them to get it . Which I find really weird.
Although saying that I had my own dealings with that Solicitor's firm where they kept 20 grand belong to me for months . But that's another story ��

When a settlement is agreed, the insurer's solicitor sends a report to the insurer with the details. The insurer then sends the payment to the claimant (or their representative). It is not sent to their solicitor to disperse. Something not right here

reddanmm

t

Eggs For Dinner wrote: »

When a settlement is agreed, the insurer's solicitor sends a report to the insurer with the details. The insurer then sends the payment to the claimant (or their representative). It is not sent to their solicitor to disperse. Something not right here

I said the same I told him to say he is making a complaint to the Law society or do you think it would come across as too threatening .
Thanks for your help it is appreciated.

Eggs For Dinner

reddanmm wrote: »

t

I said the same I told him to say he is making a complaint to the Law society or do you think it would come across as too threatening .
Thanks for your help it is appreciated.

I can only advise on the insurance end of the process, as that's my trade. Legal people here might advise on how to deal with one of their own.

reddanmm

Eggs For Dinner wrote: »

I can only advise on the insurance end of the process, as that's my trade. Legal people here might advise on how to deal with one of their own.

You have been of great assistance with this . Last question So to clarify Qudos are paying out In a timely manner and after 2 months he should really have his cheque by now .

punisher5112

reddanmm wrote: »

Awful, is that because the MIBI were involved ? Thankfully the Danish government have agreed to pay the claims for this one .

I had a witness to prove I was hit on purpose.

The guy was an absolute lunatic.

He even tried to drive off only to be stopped by another car.

It was probably done on purpose by insurer as they knew they were going to disappear.

Malta registered but ran by an Irish man, they disputed until gone, then mibi went to court to stop payments as they said they weren't liable then it changed but that added much more time

Eggs For Dinner

reddanmm wrote: »

You have been of great assistance with this . Last question So to clarify Qudos are paying out In a timely manner and after 2 months he should really have his cheque by now .

Funds are coming through freely at the minute from the Danish Compensation Fund for claims under policies held by private entities. It is not the same case for policyholders who are commercial enterprises

reddanmm

Eggs For Dinner wrote: »

Funds are coming through freely at the minute from the Danish Compensation Fund for claims under policies held by private entities. It is not the same case for policyholders who are commercial enterprises

I have come to the conclusion that he has the money and he is holding on to it until the insurance company solicitors pays his costs . Thanks again .

reddanmm

Update, the solicitors for Patrona have replied to his solicitor and they have said they are still waiting on the funds from the Danish government.