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Operator claims late
Page 8
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payout cost £100,000
A late insurance payout spelled financial disaster for a haulier after a load was stolen. Chris Tindall reports.
A SOUTHAMPTON haulier lost his business and says he suffered severe stress when his insurance company refused to pay up after his trailer was stolen.
Darren Clark says he is owed almost £100,000 for lost profits and aggravation after AXA Insurance cancelled his policy without telling him just weeks before his trailer carrying a load of soft toys was stolen.
The trailer was later recovered. minus the load,but Clark found he was liable because, he claims, his broker hadn't informed AXA he had cancelled his direct debit to start paying by cheque Clark feared he would be taken to court by his customer, so he sold his business, DJ Clark Transport, and settled the claim himself. An investigation followed, and seven months later AXA agreed to pay up if he paid his premium in full. "But the £204 never reached [AXA]," says Clark."It ended up in an A X A holding account and no one has been able to lind out why."
The company failed to inform Clark it had not received this money and decided once again that it wouldn't pay the claim.
Eventually Clark took his case to the financial ombudsman and the insurer has since agreed to look at the claim again.
Adjudicator Jeremy Heron told him: "You were... entitled to compensation for the distress you and your family must have initially suffered when you had every reason to suppose you would be personally liable for settlement of the claim.The insurer has now offered to pay you £500 in compensation. While you may consider this sum to be somewhat low, you should understand that the [Ombudsman] does not make the size of awards that you might expect to receive in the courts..."
Clark says:"1 have had two-and-ahalf years of aggravation. Now !have no business and no pot of money. I have had many sleepless nights."
An AXA spokeswoman says: "The ombudsman considered this matter in some depth and we are happy to abide by their decision.