Wiped out – and now insurance won’t pay
7:00am Thursday 19th June 2008
Comments (41)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.
Your Say YourThisisdorset
HAL101, Bournemouth says...
8:39am Thu 19 Jun 08
Tescoes will pay up quickly enough then.
Charlie, says...
8:45am Thu 19 Jun 08
I wouldn't deal with Tesco for anything. My dislike goes back many years.
cheesedof, wimborne says...
9:54am Thu 19 Jun 08
John, Poole says...
10:04am Thu 19 Jun 08
pilot wrote:TESCO Insurance is an acronym for T reat E veryone S ame, C op O ut!
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
hoppity, hamworthy says...
10:35am Thu 19 Jun 08
purbeck, Swanage says...
10:38am Thu 19 Jun 08
Mark, Bournemouth says...
10:38am Thu 19 Jun 08
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?
Carl Barron, Dorset says...
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.
hoppity, hamworthy says...
10:45am Thu 19 Jun 08
Ombudsman Service (FOS). Their address is: South Quay Plaza, 183 Marsh Wall, London E14 9SR, telephone 0845 080 1800
Carl Barron, Dorset says...
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
HAL101, Bournemouth says...
11:13am Thu 19 Jun 08
hoppity wrote:Good point, but Mr Lee said ""They told me because it was not a pre-existing complaint they are not going to pay."
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
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.
BournPosh, Bournemouth says...
11:19am Thu 19 Jun 08
purbeck wrote: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!
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.
HAL101, Bournemouth says...
11:20am Thu 19 Jun 08
hoppity wrote:Or go to -
complain to these people. Ombudsman Service (FOS). Their address is: South Quay Plaza, 183 Marsh Wall, London E14 9SR, telephone 0845 080 1800
http://www.financial
-ombudsman.org.uk/co
nsumer/complaints.ht
m
and look for the email address just below the initial screen display.
BournPosh, Bournemouth says...
11:21am Thu 19 Jun 08
purbeck wrote: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!
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.
mdale, Alderholt says...
12:01pm Thu 19 Jun 08
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?
PETE WOODLEY, says...
12:21pm Thu 19 Jun 08
PETE WOODLEY, says...
12:22pm Thu 19 Jun 08
Richard, Bournemouth says...
1:16pm Thu 19 Jun 08
landy, Dorset says...
1:54pm Thu 19 Jun 08
loulou, wimborne says...
2:33pm Thu 19 Jun 08
Richard, Bournemouth says...
2:33pm Thu 19 Jun 08
Mark, Bournemouth says...
3:50pm Thu 19 Jun 08
Richard wrote:How? We cannot tell you apart!
Please note that there appears to be a new 'Richard, Bournemouth' on this board. I distance myself from the above comments.
Tru Belle, purbeck says...
3:52pm Thu 19 Jun 08
PETE WOODLEY, says...
4:02pm Thu 19 Jun 08
Mark wrote:Ones a snob,
Richard wrote:How? We cannot tell you apart!
Please note that there appears to be a new 'Richard, Bournemouth' on this board. I distance myself from the above comments.
Carl Barron, Dorset says...
4:33pm Thu 19 Jun 08
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?
Val, Poole Dorset uk says...
4:59pm Thu 19 Jun 08
karateman1964, Poole Dorset says...
5:30pm Thu 19 Jun 08
Julie, Christchurch says...
6:08pm Thu 19 Jun 08
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.
Gordon, Poole says...
6:10pm Thu 19 Jun 08
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
sara1966, Poole says...
10:01pm Thu 19 Jun 08
sara1966, Poole says...
10:01pm Thu 19 Jun 08
PokesdownMark, Pokesdown says...
10:03pm Thu 19 Jun 08
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!
palexgo, earth says...
8:23am Fri 20 Jun 08
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.
Jane, poole says...
10:36pm Fri 20 Jun 08
Dasy Plant, Poole says...
3:46pm Sat 21 Jun 08
Dasy Plant, Poole says...
3:50pm Sat 21 Jun 08
PETE WOODLEY, says...
4:06pm Sat 21 Jun 08
Dasy Plant wrote:ON the ball,he should have had insurance,and what does council say,to your last sentence.
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 ?
Dasy Plant, Poole says...
4:14pm Sat 21 Jun 08
PETE WOODLEY, says...
4:43pm Sat 21 Jun 08
PETE WOODLEY, says...
4:44pm Sat 21 Jun 08
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pilot, Bournemouth says...
7:53am Thu 19 Jun 08