Legally dispute insurance decision
Discussion
edb49 said:
No decision has been made yet - but they are causing a lot of fuss over something that's relatively simple, and would be resolved if they just went down to see the road!
I am working out my options
You need to put in writing that on no account will you accept anything less than a 100% claim your way.I am working out my options
These things go like this if the other insurance company makes up their version of events and your insurance company is gormless.
If you paid for 'legal coverage' in your insurance, now is the time to use it. Tell them you want to and choose your solicitor. They work for YOUR interests against both insurance companies if necessary and the insurance company picks up the cost.
They can do a 'locus report' which basically means they go down and take photos so both sides know that they are talking about.
Last year I was hit in traffic whilst stationary by a truck. The damage was not serious (about £3k) and the driver of the truck stopped. I got a written statement from the driver on the spot. I prepared my own statement, photos and drawings for my insurance company within 24 hours.
Despite all this evidence, and to my amazement and annoyance, the insurance company for the truck driver disputed liability.
I agree with the advice to tell your insurance company that you will accept nothing less than 100% admission of fault from the other driver.
In my case, Chubb were excellent, supported my case, and provided me with legal support.
It took a scarcely believable 6 months for the other side to admit defeat, after they had been issued with a writ. I was paid for the damage, loss of value on my car and of course Chubb were paid their considerable legal costs.
Kind regards
Steve
Despite all this evidence, and to my amazement and annoyance, the insurance company for the truck driver disputed liability.
I agree with the advice to tell your insurance company that you will accept nothing less than 100% admission of fault from the other driver.
In my case, Chubb were excellent, supported my case, and provided me with legal support.
It took a scarcely believable 6 months for the other side to admit defeat, after they had been issued with a writ. I was paid for the damage, loss of value on my car and of course Chubb were paid their considerable legal costs.
Kind regards
Steve
Can only be the person who hit you is saying, perhaps, that you reversed into him/her - that you were not stationary.
In such cases they will feel duty bound to support their insured, and just throw the onus of proof back to you. They can wait, you can't. As you say, normally an engineer's report will clear this as he will be able to tell how the damage was caused, or at least give an opinion which will be believed more than yours or the other driver's.
But these can cost money. And time. And stress.
For you!
In such cases they will feel duty bound to support their insured, and just throw the onus of proof back to you. They can wait, you can't. As you say, normally an engineer's report will clear this as he will be able to tell how the damage was caused, or at least give an opinion which will be believed more than yours or the other driver's.
But these can cost money. And time. And stress.
For you!
Pickled Piper said:
It's not the Insurance Ombudsman any more. You have to go to the Financial Services Authority.
Have a look at the website, it will guide you through the process.
pp
You might be thnking of the GISC, as he Financial Omburdsman Service is sill very much alive and well. Have a look at the website, it will guide you through the process.
pp
http://www.financial-ombudsman.org.uk/consumer/com...
Worth a visit to the FSA website as well.
JustinP1 said:
You need to put in writing that on no account will you accept anything less than a 100% claim your way.
These things go like this if the other insurance company makes up their version of events and your insurance company is gormless.
If you paid for 'legal coverage' in your insurance, now is the time to use it. Tell them you want to and choose your solicitor. They work for YOUR interests against both insurance companies if necessary and the insurance company picks up the cost.
They can do a 'locus report' which basically means they go down and take photos so both sides know that they are talking about.
Nope. You cant force an insurer to do this, whatever some people might think. When you accept their indemnity (yes, I want you to fix my car) you hand over (subrogate) your recovery rights to them. Yes, you can complain to the FOS and FSA, but that doesn't change the legal principle I am afraid.These things go like this if the other insurance company makes up their version of events and your insurance company is gormless.
If you paid for 'legal coverage' in your insurance, now is the time to use it. Tell them you want to and choose your solicitor. They work for YOUR interests against both insurance companies if necessary and the insurance company picks up the cost.
They can do a 'locus report' which basically means they go down and take photos so both sides know that they are talking about.
Motor Legal Coverage is unlikely to help, as it is mostly "Uninsured Loss Recovery" not "help me sue my insurer".
If you want to recover the costs yourself, then you need to appoint your own solicitor to go after the Third Party. You can usually get the repairs done on a "credit repair" basis, and get a hire car too (Credit Hire). I am surprised your insurer didn't push you down this route in the first place if this was a genuine "non fault" claim.
edb49 said:
Let's say someone crashes into the back of me while I was stationary at red lights. For some crazy reason, the insurances companies decide it's MY fault.
What recourse do I have on their decision?
I had same scenario once..What recourse do I have on their decision?
Wife was crashed into from behind at red lights.
The other parties insurer said it was her fault.
I told my wifes insurance company if they went 50/50 I would sue them for my insurance maney back.. and for failing to protect my interests as a client..
The other party coughed up my wifes NCB stayed intact.
As long as they "return you to the same finanical position you were in before the loss" then you wouldn't get very far in court over breach of contract IMHO. Not that an insurer would let it get that far. They would be more likely to refund the money and then never quote you again.
Most handlers would see it is an empty threat. Referral to the FOS or the FSA holds far more weight. That happens quite frequently. Getting sued by a customer isn't something that I have ever known happen in Personal Lines. It is usually sored out well before that.
If you think it is a non-fault, persue that direct with the TPs insurers via a solicitor.
Most handlers would see it is an empty threat. Referral to the FOS or the FSA holds far more weight. That happens quite frequently. Getting sued by a customer isn't something that I have ever known happen in Personal Lines. It is usually sored out well before that.
If you think it is a non-fault, persue that direct with the TPs insurers via a solicitor.
edb49 said:
Noger said:
If you think it is a non-fault, persue that direct with the TPs insurers via a solicitor.
Sounds expensive. How much is this likely to cost?Noger said:
JustinP1 said:
You need to put in writing that on no account will you accept anything less than a 100% claim your way.
These things go like this if the other insurance company makes up their version of events and your insurance company is gormless.
If you paid for 'legal coverage' in your insurance, now is the time to use it. Tell them you want to and choose your solicitor. They work for YOUR interests against both insurance companies if necessary and the insurance company picks up the cost.
They can do a 'locus report' which basically means they go down and take photos so both sides know that they are talking about.
Nope. You cant force an insurer to do this, whatever some people might think. When you accept their indemnity (yes, I want you to fix my car) you hand over (subrogate) your recovery rights to them. Yes, you can complain to the FOS and FSA, but that doesn't change the legal principle I am afraid.These things go like this if the other insurance company makes up their version of events and your insurance company is gormless.
If you paid for 'legal coverage' in your insurance, now is the time to use it. Tell them you want to and choose your solicitor. They work for YOUR interests against both insurance companies if necessary and the insurance company picks up the cost.
They can do a 'locus report' which basically means they go down and take photos so both sides know that they are talking about.
Motor Legal Coverage is unlikely to help, as it is mostly "Uninsured Loss Recovery" not "help me sue my insurer".
If you want to recover the costs yourself, then you need to appoint your own solicitor to go after the Third Party. You can usually get the repairs done on a "credit repair" basis, and get a hire car too (Credit Hire). I am surprised your insurer didn't push you down this route in the first place if this was a genuine "non fault" claim.
Whilst I was helping my partner fight her case I must have spoken to 5 different operatives at the insurance company over the course of a year, each time asking me to accept 50/50 and that would be the 'likely outcome' despite the fact that when I explained the incident they were at a loss to explain why it actually should be 50/50...
Each of these times over the course of a year the third party had failed to give their insurance company any kind of information or accident report about the incident. Instead of fighting the case on our behalf and taking the other insurance company to court they each time 'advised' it would end up being 50/50.
The exact wording of her insurance company document with regard to legal coverage was that under the policy was that at any time after an incident she was allowed to appoint a solicitor of her choice (paid for by an agreed rate) to protect HER interests - they would be entirely independent to the insurance company.
As soon as I told them that this was the avenue they were going down, they did get their behinds in gear, and in 24 hours agreed with me that the case was zero fault, and she got her excess and NCB back and they chased the third party for their money in their own time.
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