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Wiped out – and now insurance won’t pay

A MARKET traderwiped out by a runaway car in Poole last week has been told he will receive no payout from the driver's insurance company.

Michael Lee, owner of the Yak Shack, dived for cover as his stall was obliterated by the Vauxhall Corsa as it careered down the pedestrianised High Street.

Mr Lee estimates the loss on his mobile phone stand, in lost earnings and stock, at around £3,000.

But he says he has been told by Tesco Insurance it will not be paying out as it claims the driver, in his 70s, had a heart attack at the wheel.

He said: "I think it's absolutely disgusting they are not entertaining claims.

"They told me because it was not a pre-existing complaint they are not going to pay.

"I thought there was no way they could deny liability, then this happens."

Mr Lee said he also suffered damage to a display cabinet, the stall's gazebo and a laptop.

The Yak Shack, which specialises in mobile phones and accessories, is a regular stall at weekly markets across the county, including Wimborne, Dorchester and Weymouth.

Insurance adviser Jenny Chick, from Towergate Risk Solutions Poole, said although policies differ, an insurance company would usually be liable in situations like this.

She said: "Whether you are in control of a vehicle or not, the company are still liable for damage to a third party."

Tesco Insurance said it would not comment on individual cases.

The elderly driver's Corsa piled through a bollard on Chapel Lane on Thursday morning before crashing into the busy market, hitting the front of Bitz and rebounding into Nathan's café.

Amazingly only one person was injured, a 50-year-old woman in a mobility scooter who suffered a broken shoulder.

Police are still investigating the incident.

Anyone with information should call Dorset Police on 01202 222222.

7:00am Thursday 19th June 2008

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Posted by: pilot, Bournemouth on 7:53am Thu 19 Jun 08
I'm told the test of a good insurance company is how they react when you need to claim. Does'nt say much for Tesco Insurance then does it
Posted by:   HAL101, Bournemouth on 8:39am Thu 19 Jun 08
My advice to Mr Lee is to get as much publicity for this as possible, on an on-going basis.

Tescoes will pay up quickly enough then.
Posted by: Charlie on 8:45am Thu 19 Jun 08
Doesn't say much for Tesco Insurance then does it
I wouldn't deal with Tesco for anything. My dislike goes back many years.
Posted by: cheesedof, wimborne on 9:54am Thu 19 Jun 08
ALL INSURANCE IS BASED ON FEAR AND YOU WILL FIND THAT YOU ARE FULLY COVERED FOR EVERY THING THAT WILL NOT HAPPEN TO YOU THINK OF ANY THING THAT COULD BECOME A POSSIBLE, THAT THEY HAVE OMITTED AND THAT WILL SOON BE EXCLUDED.
Posted by: John, Poole on 10:04am Thu 19 Jun 08
pilot wrote:
I'm told the test of a good insurance company is how they react when you need to claim. Does'nt say much for Tesco Insurance then does it
TESCO Insurance is an acronym for T reat E veryone S ame, C op O ut!
Posted by: hoppity, hamworthy on 10:35am Thu 19 Jun 08
who are the underwriters for tesco? most insurances from shops are underwritten by well known companies also did the man have an undisclosed medical condition that would make certain claims invalid
Posted by: purbeck, Swanage on 10:38am Thu 19 Jun 08
Sue the driver. It was them that did the damage, not their insurance company. I don't see why Mr Lee should be worse off because this driver took out a cheap and possibly inadequate policy. You tend to get what you pay for and if you use companies that use a low price to get your business you can expect a more restrictive policy.
Posted by: Mark, Bournemouth on 10:38am Thu 19 Jun 08
I fail to see how the driver having a heart attack can nullify legally required motor insurance cover intended to protect third parties.
The driver paid for that statutory insurance cover, for Tesco to withdraw it should surely place them in an impossible legal position.
The only option for the market trader to take, aside from persuing Tesco, will be to sue the poor man that suffered the heart attack - no doubt believing he was insured.
Not a good day for Tesco's PR is it?
Posted by: Carl Barron, Dorset on 10:42am Thu 19 Jun 08

Quote Tesco Insurance will not be paying out as it claims the driver, in his 70s, had a heart attack at the wheel.

Reply This does not negate Tesco Insurance from liability, unless they have an underwritten disclaimer to the above claim, that they can produce that was signed by both parties.

If such a disclaimer was in fact underwritten (as discussed) this may in a Court of Law possibly prove an attempt to defraud by taking moneys which the client was unaware he was protected.

This could call for all of Tesco Insurance polices to be examined, as to before mentioned possibility of an underwritten disclaimer the clients are unaware of.

My advice to Tesco is Pay Up quickly before this escalates.
Posted by: hoppity, hamworthy on 10:45am Thu 19 Jun 08
complain to these people.
Ombudsman Service (FOS). Their address is: South Quay Plaza, 183 Marsh Wall, London E14 9SR, telephone 0845 080 1800
Posted by: Carl Barron, Dorset on 11:01am Thu 19 Jun 08

For a full list of Free Help & Advice Centres.

Copy paste link below into your browser.

http://dorsetvisualg
uide.co.uk/gossip.ht
m
Posted by:   HAL101, Bournemouth on 11:13am Thu 19 Jun 08
hoppity wrote:
who are the underwriters for tesco? most insurances from shops are underwritten by well known companies also did the man have an undisclosed medical condition that would make certain claims invalid
Good point, but Mr Lee said ""They told me because it was not a pre-existing complaint they are not going to pay."

That sounds as though the heart attack was completely unexpected. So Tescoes insurance should pay; unless the pre-existing complaint existed but was undisclosed, in which case they shouldn't, but might, out of good will, if they receive enough adverse publicity.

Posted by: BournPosh, Bournemouth on 11:19am Thu 19 Jun 08
purbeck wrote:
Sue the driver. It was them that did the damage, not their insurance company. I don't see why Mr Lee should be worse off because this driver took out a cheap and possibly inadequate policy. You tend to get what you pay for and if you use companies that use a low price to get your business you can expect a more restrictive policy.
Absolutely. This chap needs his loss of earnings and stock reimbursed and should take whatever action necessary to do this even if it means sueing the driver. Good luck!
Posted by:   HAL101, Bournemouth on 11:20am Thu 19 Jun 08
hoppity wrote:
complain to these people. Ombudsman Service (FOS). Their address is: South Quay Plaza, 183 Marsh Wall, London E14 9SR, telephone 0845 080 1800
Or go to -

http://www.financial
-ombudsman.org.uk/co
nsumer/complaints.ht
m

and look for the email address just below the initial screen display.
Posted by: BournPosh, Bournemouth on 11:21am Thu 19 Jun 08
purbeck wrote:
Sue the driver. It was them that did the damage, not their insurance company. I don't see why Mr Lee should be worse off because this driver took out a cheap and possibly inadequate policy. You tend to get what you pay for and if you use companies that use a low price to get your business you can expect a more restrictive policy.
Absolutely. This chap needs his loss of earnings and stock reimbursed and should take whatever action necessary to do this even if it means sueing the driver. Good luck!
Posted by: mdale, Alderholt on 12:01pm Thu 19 Jun 08
One word: Watchdog.

In the past 5 years I have threatened 2 different companies with a letter to BBC's Watchdog after they have refused to refund and / or pay out. In both instances the matter was cleared-up within a fortnight. Handy eh?
Posted by: PETE WOODLEY on 12:21pm Thu 19 Jun 08
Didnt mr lee have any business insurance,when i had shops i did,he was saving on rents and rates,just paying out on market days,surely his own insurance would pay out.
Posted by: PETE WOODLEY on 12:22pm Thu 19 Jun 08
Didnt mr lee have any business insurance,when i had shops i did,he was saving on rents and rates,just paying out on market days,surely his own insurance would pay out.
Posted by: Richard, Bournemouth on 1:16pm Thu 19 Jun 08
Once again an elderly motorist causes mayhem and there insurance company are expected to pay up no question all drivers should be made to take a medical and a driving test once they reach 70in order to continue driving. As for Mr Lee as stated already he should have business insurance and public liability insurance if so claim of them and let them deal with Tesco.who are for information underwritten by a large company and have proved to be an excelent company when I have needed to claim from them.
Posted by: landy, Dorset on 1:54pm Thu 19 Jun 08
You have to threaten Insurance companies with bad publicity,insist on speaking to the director of the company,dont deal with the rank and file.I recently had a flood in one of my rental properties at 1.30 am,phoned the insurance company and told them that I had turned of the mains water,they said that they would be there within the hour,I waited 3 hours and no one arrived,in the meanwhile I got a local plumber to fix the fault.The insurances own "Emercency Enginner" called at 9pm,almost 8 hours late.By threatening the insurnce company with a spot on BBC Watchdog,they have now given full compensation.
Posted by: loulou, wimborne on 2:33pm Thu 19 Jun 08
Richard, it may have escaped your notice but that's what insurance companies are there for - to pay out when anyone has an accident, whatever their age. The younger generation have quite a few claims too.And if the stall holder had insurance it would normally cover his liability to other people and would be unlikely to pay out for his own losses. As the damage was done by the motorist it's his insurance company that should sort it!
Posted by: Richard, Bournemouth on 2:33pm Thu 19 Jun 08
Please note that there appears to be a new 'Richard, Bournemouth' on this board. I distance myself from the above comments.
Posted by: Mark, Bournemouth on 3:50pm Thu 19 Jun 08
Richard wrote:
Please note that there appears to be a new 'Richard, Bournemouth' on this board. I distance myself from the above comments.
How? We cannot tell you apart!
Posted by: Tru Belle, purbeck on 3:52pm Thu 19 Jun 08
What would have happened if other people had been injured or even killed ? what about the lady on the mobility scooter, can't she claim either?
Posted by: PETE WOODLEY on 4:02pm Thu 19 Jun 08
Mark wrote:
Richard wrote:
Please note that there appears to be a new 'Richard, Bournemouth' on this board. I distance myself from the above comments.
How? We cannot tell you apart!
Ones a snob,
Posted by: Carl Barron, Dorset on 4:33pm Thu 19 Jun 08
Posted by: Richard, Bournemouth on 1:16pm today

Quote Once again an elderly motorist causes mayhem and there insurance company are expected to pay up no question all drivers should be made to take a medical and a driving test once they reach 70in

Reply Normally, I would suggest that if you are old enough for a Free Bus Pass you should not drive in the busy roads of the UK.

But of course, what's the good of a Free Bus Pass without any regular Buses?
Posted by: Val, Poole Dorset uk on 4:59pm Thu 19 Jun 08
Tescos travel insurance did us down when we took our 2 foster kids abroad and we lost £1100 pounds worth of goods including vidio cameras , mobile phones and cash . they paid out only £106 pounds because the items we lost would not all fit into the shoe box size safe we paid for, the robber was by the way caught on CCTV but that counted for nothing.
Posted by: karateman1964, Poole Dorset on 5:30pm Thu 19 Jun 08
sue the driver...I never heard such rubbish ...the poor man had a heart attack...something that can happen to anyone...if you want to be americans go and get a green card
Posted by: Julie, Christchurch on 6:08pm Thu 19 Jun 08
This sounds absolute tripe. Complain bitterly to the Financial Services Authority.(FSA)0845 606 1234.

Tesco insurance is underwritten by UK Insurance Limited so try them direct. Keep a record of all your expenses too and add this to your claim.

Car insurance is compulsory and to invalidate a policy in this way(not cover third parties) implies nearly everyone is driving illegally if they may have a heart attack - whatever their age!

Threaten them with court, get help from Citizens Advice.
Posted by: Gordon, Poole on 6:10pm Thu 19 Jun 08
Take the driver to the small claims court that way you limit legal costs the driver will have to hand the claim to Tesco but you have lost goods what about the woman on the scooter who was injured my opinion they are trying it on
they should not be allowed to escape third party claims or is this another instance when the law abing have to pay for thieves & rogues
Posted by: sara1966, Poole on 10:01pm Thu 19 Jun 08
Thats a disgrace Tesco, if you're not willing to pay out in circumstances like this, you shouldnt insure drivers over 70......
Posted by: sara1966, Poole on 10:01pm Thu 19 Jun 08
Thats a disgrace Tesco, if you're not willing to pay out in circumstances like this, you shouldnt insure drivers over 70......
Posted by: PokesdownMark, Pokesdown on 10:03pm Thu 19 Jun 08
tut tut for tesco insurance then!

They need to give one of their call centre staff a bit more training.

The lesson from this is also that you need to give your insurance company a full picture of your status. They often don't ask for this information in a way that makes you think carefully about things that may be important should you need to claim.

My experience with call centres is that if you don't like one answer, you can call back 10mins later, speak to a different person and often get a completely different result!

Posted by: palexgo, earth on 8:23am Fri 20 Jun 08
A general comment on Tesco. I have a theory that eventually all private companies reach bureaucracy mode. Staff become obsessed with following procedures and lose customer focus. (All public organisations are there from the start.) I was really impressed by by Tesco during the 1990s. It was brilliantly managed; very innovative and very customer focused. It surged ahead of other supermarkets in terms of turnover and profit.

In the last few years it has an increasing feeling of bureaucracy as Marks & Spencer did when they got into trouble in the late 1990s. At that time I couldn't find anything I liked at M&S and the prices were very high. I remember buying 3 T-shirts in Burtons for the price of one in M&S. These days I find myself shopping more and more at other supermarkets because they better fulfil my needs.
Posted by: Jane, poole on 10:36pm Fri 20 Jun 08
I'm not exactly sure where anyone thinks it would get Mr. Lee to try & sue an elderly man in his 70s who is obviously in poor health. I wouldnt think hes exactly well off if hes driving around in a little corsa so where on earth could he find any money to pay with???
Posted by: Dasy Plant, Poole on 3:46pm Sat 21 Jun 08
It seems to me that there are a number of issues that are not quite being reported correctly. The stall-holder should have his own insurance so he should instruct them to deal with the underwriters directly at Tesco. It would be unusual for a matter of this gravity for him to have had a formal response from the underwriters this quickly. If he does not have insurance then the underwriters at Tesco should ask for an inventory and should cover him on the 3rd party portion of the car insurance. Again, a bit quick for all this to have been processed yet. There is also the small matter of personal injury to the person on the mobility scooter - how are they getting on with their claim against the insurance underwriters? - I wonder if the stall-holder has actually made the claim formally or is just going to the press after one phone call to Tesco. Of course his business insurance should have it all under control. If he did not have business insurance then he made a big mistake in the first place! – and if he did not have insurance why did Poole council let him trade ?
Posted by: Dasy Plant, Poole on 3:50pm Sat 21 Jun 08
It seems to me that there are a number of issues that are not quite being reported correctly. The stall-holder should have his own insurance so he should instruct them to deal with the underwriters directly at Tesco. It would be unusual for a matter of this gravity for him to have had a formal response from the underwriters this quickly. If he does not have insurance then the underwriters at Tesco should ask for an inventory and should cover him on the 3rd party portion of the car insurance. Again, a bit quick for all this to have been processed yet. There is also the small matter of personal injury to the person on the mobility scooter - how are they getting on with their claim against the insurance underwriters? - I wonder if the stall-holder has actually made the claim formally or is just going to the press after one phone call to Tesco. Of course his business insurance should have it all under control. If he did not have business insurance then he made a big mistake in the first place! – and if he did not have insurance why did Poole council let him trade ?
Posted by: PETE WOODLEY on 4:06pm Sat 21 Jun 08
Dasy Plant wrote:
It seems to me that there are a number of issues that are not quite being reported correctly. The stall-holder should have his own insurance so he should instruct them to deal with the underwriters directly at Tesco. It would be unusual for a matter of this gravity for him to have had a formal response from the underwriters this quickly. If he does not have insurance then the underwriters at Tesco should ask for an inventory and should cover him on the 3rd party portion of the car insurance. Again, a bit quick for all this to have been processed yet. There is also the small matter of personal injury to the person on the mobility scooter - how are they getting on with their claim against the insurance underwriters? - I wonder if the stall-holder has actually made the claim formally or is just going to the press after one phone call to Tesco. Of course his business insurance should have it all under control. If he did not have business insurance then he made a big mistake in the first place! – and if he did not have insurance why did Poole council let him trade ?
ON the ball,he should have had insurance,and what does council say,to your last sentence.
Posted by: Dasy Plant, Poole on 4:14pm Sat 21 Jun 08
Hi Pete, I looked at the BOP web pages and I suspect they are not "enforcers" they say any trader has to obtain a licence to grant permission. You actually have to apply to get all the detail but I imagine it would be on the lines that you get permission to trade but its up to you to make sure you trade properly.
Posted by: PETE WOODLEY on 4:43pm Sat 21 Jun 08
Times must have changed,i have had loads of small businesses,inc market stalls and have always made sure i was covered,as the unexpected does happen from time to time.what if a pedestrian tripped over something outside a stall,and sustained injury,the area is a public area for walking,would the council accept liability,i doubt it.
Posted by: PETE WOODLEY on 4:44pm Sat 21 Jun 08
Times must have changed,i have had loads of small businesses,inc market stalls and have always made sure i was covered,as the unexpected does happen from time to time.what if a pedestrian tripped over something outside a stall,and sustained injury,the area is a public area for walking,would the council accept liability,i doubt it.
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