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  • FIRST POST
    • strawberries1
    • By strawberries1 9th Oct 17, 11:54 AM
    • 666Posts
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    strawberries1
    How To Challenge Motoer Car Insurance Decision?
    • #1
    • 9th Oct 17, 11:54 AM
    How To Challenge Motoer Car Insurance Decision? 9th Oct 17 at 11:54 AM
    How does one challenge an insurance dispute please?
Page 1
    • paddyandstumpy
    • By paddyandstumpy 9th Oct 17, 12:03 PM
    • 916 Posts
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    paddyandstumpy
    • #2
    • 9th Oct 17, 12:03 PM
    • #2
    • 9th Oct 17, 12:03 PM
    A little more info may help?
    • Quentin
    • By Quentin 9th Oct 17, 12:04 PM
    • 33,505 Posts
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    Quentin
    • #3
    • 9th Oct 17, 12:04 PM
    • #3
    • 9th Oct 17, 12:04 PM
    The cheapest option ( no cost to you) is to use the complaints procedure which will be set out in the policy documents.

    If you are unhappy with the reply to the complaint or they ignore you for 8 weeks you can escalate to the FOS for their adjudication.

    If that isn't to your liking your remaining option is to take court action but that will involve you in some cost, though if you win in court you will be able to get the court costs and allowable expenses paid back from the insurer
    • dunstonh
    • By dunstonh 9th Oct 17, 12:24 PM
    • 89,882 Posts
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    dunstonh
    • #4
    • 9th Oct 17, 12:24 PM
    • #4
    • 9th Oct 17, 12:24 PM
    It should be noted that the complaints process looks at potential wrongdoing. The FOS cannot rule on commercial decisions.

    So, it would help for us to know what you are not happy about. That way we can say if it falls under the remit of the FOS or not.
    I am an Independent Financial Adviser (IFA). Comments are for discussion purposes only. They are not financial advice. Different people have different needs and what is right for one person may not be for another. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
    • strawberries1
    • By strawberries1 9th Oct 17, 1:48 PM
    • 666 Posts
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    strawberries1
    • #5
    • 9th Oct 17, 1:48 PM
    • #5
    • 9th Oct 17, 1:48 PM
    Thanks all and apologies for the typo.

    By FOS you mean Financial Ombudsman Service? That's the only other step I've been able to come up with.

    In my opinion my insurer has wrongly decided I'm at fault regarding an accident in Jan this year.

    I was stationary in traffic and a HGV made contact with my vehicle on the left. This is a couple of yards after the white lines creating two lanes ends. On the left side of the road ie the part closer to the kerb there's a bus stop and cars parked after the bus stop. The white lines end 1/4 into the bus stop. A faint demarcating line is still evident but no longer painted white. The HGV wanted to move into the right part of the road. Having spotted cars ahead start moving he moved right to join the lane and hit me moving my mirror and making two small marks on the side of my car. He straightened his tyre and made to move ahead, I moved forward a little to prevent him and came out video recording asking him to give me his insurance details (as he'd made to continue moving). He came out protesting he didn't hit me. I have this on video but my insurer says he's a foreign driver and might have been trying to say I hit him. (I didn't hit you was all he kept saying, not you hit me). There was no damage to his vehicle and that was never in contention at the time.

    My insurers claim I was forming a new lane. I've recorded at different times the way the road is used. Cos of the bus stop and cars on the left cars move on the right. The lorry drove into the left part of the road because it was empty and traffic had built up on the right and he now wanted to move into the right lane (technically as only the last 1/4 of his hgv was in the part where the white lines were).

    The HGV was a foreign vehicle and was left hand drive.

    I didn't claim as I felt the damage was very minimal and at the time I was suffereing severe fatigue and lethargy. I simply didn't have energy to pursue a claim. I'd been seing my doctor and the week before I'd just been referd to CBT. I was discharged from the service a month ago. So I do have medical evidence showing that my symptoms were lack of energy, motiviation to do everyday tasks. I say this to explain that my not claiming wasn't because I was in the wrong. Thank God for the NHS I am now much better and no longer allowing life weight me down as much.

    I've asked my insurers for evidence and any docs provided by the other side. The vehicle had 24hr video inscribed on it. I've asked for this and they've refused to send it to me. I've informed them I'll like to make a complaint and escalate the issue but they've not given me info about how to do so apart from another colleague of their's looking at the file and he's decided I'm 100% to blame.

    My insurance is due in 3 weeks and has come back 3times my last year's insurance.

    They claim HWC R221 means I'm at fault as I didn't give him room to maneuouver. This is a wrong application of this rule. I was stationary in my lane. He moved along on the left coming from behind, positioned himself there for an opportunity to move into the right. When the right lane started moving infront he moved right and made contact with my vehicle. If he was right hand drive he would've been able to guage the distance to make such a move but he might've only seen the front of the vehicle not how close the side were as he's not used to having cars on that side being a foreign vehicle. My insurer's claim that as he was left hand drive I shouldn't have put myself in his blind spot. I didn't know he was left hand drive as he was behind and high up and I was stationary.

    I hope it'e not too much of a ramble.

    In summary, I'm seeking information about how to contest my insurer's liablitiy decision.

    Thank you.
    • k3lvc
    • By k3lvc 9th Oct 17, 1:54 PM
    • 1,944 Posts
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    k3lvc
    • #6
    • 9th Oct 17, 1:54 PM
    • #6
    • 9th Oct 17, 1:54 PM
    Just to be clear this happened in Jan '17 with minimal damage yet you've just started a claim

    IMHO (and as one who's suffered periods of depression etc) I'd say forget it and move on - life's too short to let things such as this become an obsession
    • strawberries1
    • By strawberries1 9th Oct 17, 2:50 PM
    • 666 Posts
    • 140 Thanks
    strawberries1
    • #7
    • 9th Oct 17, 2:50 PM
    • #7
    • 9th Oct 17, 2:50 PM
    K3lvc, in no way is this an obsession and my question isn't whether or not to challenge the decison but how to do so.

    I didn't make a claim. My insurers notified me in Sept 2017 that a claim had been made against me regarding an incident in Jan 2017.

    Last year's insurance was £500 and the qoute is now £1540. My NCB is now 3 instead of 6. Shopping around, the best is £1460 with £250 excess. That's at least an extra £1000 every year for the next few years because of an accident that was not my fault and where there was no damage at the time. This is near my home and I pass it M-F on my way to and from work.

    I'm happy to write to the ombudsman if that's the right body to escalate it to.
    • paddyandstumpy
    • By paddyandstumpy 9th Oct 17, 4:15 PM
    • 916 Posts
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    paddyandstumpy
    • #8
    • 9th Oct 17, 4:15 PM
    • #8
    • 9th Oct 17, 4:15 PM
    Once you've exhausted your insurer's complaints process, yes; the FOS would be the next step.

    If you refer to them before going through the insurer's complaint process; the FOS will refer the file back to the insurer.
    • Quentin
    • By Quentin 9th Oct 17, 9:36 PM
    • 33,505 Posts
    • 17,382 Thanks
    Quentin
    • #9
    • 9th Oct 17, 9:36 PM
    • #9
    • 9th Oct 17, 9:36 PM

    By FOS you mean Financial Ombudsman Service?.....

    In summary, I'm seeking information about how to contest my insurer's liablitiy decision.....
    .
    Originally posted by strawberries1
    Yes FOS is the ombudsman


    The info you want is in #3


    (Your insurers complaints procedure will be set out in the policy docs)


    As your insurer has paid out, then there was some damage to the third party vehicle.


    So denying he hit you by repeating "I didn't hit you" in this context could be seen to mean "You hit me"!
    • strawberries1
    • By strawberries1 9th Oct 17, 11:49 PM
    • 666 Posts
    • 140 Thanks
    strawberries1
    Thanks I'll search all the docs again and then approach the FOS after exhausting their process.
    • sheramber
    • By sheramber 10th Oct 17, 11:13 AM
    • 3,977 Posts
    • 2,956 Thanks
    sheramber
    There was no damage to his vehicle and that was never in contention at the time.

    So what has he claimed for?
    • societys child
    • By societys child 10th Oct 17, 1:17 PM
    • 4,893 Posts
    • 5,333 Thanks
    societys child
    I moved forward a little to prevent him
    Sounds rather foolish.

    • forgotmyname
    • By forgotmyname 10th Oct 17, 7:31 PM
    • 26,214 Posts
    • 10,469 Thanks
    forgotmyname
    He probably didnt claim, caught your mirrow what damage would that have done to his lorry?

    You have no claimed so whats the issue?

    Your insurance has increased because you have an incident on file. Not a claim. But incidents need to be declared.

    You failed to notice he was a LHD drive vehicle, plenty of signs to look out for, can you see the driver in the mirror? Is it on foreign plates? Is there an extra blindspot mirror on the right hand side of the vehicle?

    A little unsure of the road layout from your description, does it enter into 1 lane at the point of the incident?

    The insurance could see it as he was ahead of you in the left and you failed to give him the room. As he got closer to your vehicle did you attempt to move over to the right or sound your horn?

    Have they actually made a claim? Or is it just an incident pushing the premium up?
    Punctuation, Spelling and Grammar will be used sparingly. Due to rising costs of inflation.

    My contribution to MSE. Other contributions will only be used if they cost me nothing.

    Due to me being a tight git.
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