Car Insurance claim are they pulling a fast one

Rafter

There are strict rules about declaring conditions like epilepsy on insurance applications. There are also rules about how serious the condition can be before driving is a big no - no.

I guess the unfortunate guy who hit your car may be panicing that his insurance and car will be taken away - hence denying liability.

Privilage meanwhile know that it will cost them may £100's in staff time to pursue the claim against his insurer and sort it out. They are hoping you will just back down and let it ride.

I hate that aspect of insurance!

If it is obviously the third parties fault (which it is given your car was on the street parked) and they are insured, you shouldn't even have to pay the excess in my view. Privilege should recover it and only increase your premium if liability does end up resting with you - very unlikely in this case.

Anyway - good luck what ever you decide to do.

R.

Justicia

I have been thinking about this situation since first reading the post.

Is there any help that the Financial Ombudsman Service could offer the OP?

Could their intervention put any pressure on (either of) the insurance companies to either resolve or take bigger steps towards resolving this ongoing claim?

Anyone here have experience with their services and anything to add?

http://www.financial-ombudsman.org.uk

They state themselves that they can assist with issues relating to Motor Insurance.

If no-one can suggest otherwise, and as this claim doesn't appear to be moving that quickly, I would be inclined to complete their complaint form and send it to them so that they can review it and see if they can help with the situation.

The form can be obtained from the bottom of this page;

http://www.financial-ombudsman.org.uk/consumer/complaints.htm

BUT I would always advise that you read the website pages first for your own reference.

A possibility for you?

If you are interested in doing so, you might want to mention that you are considering it to your insurers as when I mentioned my intention to contact the FOS during a dispute with my insurers over premium amounts, they backed down...!!!

Savvy_Sue

I think you have to exhaust any internal complaints procedure before you can go to the Ombudsman, but I'm sure it can't hurt to say you are thinking of doing so ..

impy78

Considering it costs the insurance company £130 for you even calling the ombudsman, even if the Ombudsman backs the insurance company, I would imagine that saying you are calling them would speed things up considerably.....

Even if the other guy does have his insurance taken off him for non disclosure, they would still be liable for the cost of your car, which they would then have to get back off their client.

patgc

Impy78, are you saying that if the other chap shouldn't have been driving and this can be proved by medical records, he will have invalidated his insurance (he could not claim for damage to his car) BUT his company would still be liable to cover the cost of the damage to my car.

losgiganteskid

When you took out the policy (or when you last renewed it) with Priviledge did you take out Legal Expenses Insurance ?? - this additional cover would have been very beneficial to you now, as they would (via solicitors) have taken up the question of recovery of your £150 excess on your behalf, entirely independant of what your own insurers are doing to recover their outlay.

The Third Party to your accident has purchased a policy and has been issued with a Road Traffic Act certificate which states that he is covered for any claim made against him either for bodily injury or third party property damage. His insurers will re imburse both you and your insurer (providing they do not have an internal agreement "knock for knock) on the basis that you are the innocent party.

The fact that the third party "may" have been driving without having disclosed a relevant medical condition has not one iota bearing as to whether or not you recover your excess and whether your insurers recover their outlay - liability MUST be established.

If there is no liability dispute the third party insurers will re imburse you as an innocent third party - the question will then be if their policy to their client is voided due to a non disclosure of a material fact, his insurers will refuse to grant indemnity to their client ie, they will decline to pay for repairs to HIS car and also seek to obtain re-imbursement from him of their outlay, which would amount to the cost of repairs to your car plus your excess.

You can chivvy things along and if I were you write a letter direct to the third party stating that as far as you are concerned negotiations between you, your insuers and the third party insurers have broken down, leaving you with no option other than to seek re imbursement from him personally - (remember, all claims are personal anyway ) - that should focus his mind. He will them promptly contact his insurer waving your letter under their nose demanding they get you off his back by paying you accordingly.

Just as a thought, if you do park on the public highway, you could always be seen to be partially liable, as causing an obstruction - but thankfully that is rarely used !!

patgc

Yes, I have always had Legal Protection on my Policy. When I questioned them (Privilege) as to its usage, they said it was only for recovering out of pocket expenses on a claim ie, time off work, or cost of hire car etc.
As to liabllity, this seems to be the problem, that the other party's Insurer is not admitting liability and Privilege say that until they do, we are at stalemate.

losgiganteskid

Quite honestly Patgc, from what you have said regarding the circumstances of the accident, liability can be in no doubt, your stationary/parked car was hit whilst parked. Reading what you have said it appears the delay is not on the topic of liabily but moreover regarding the third party health status, clearly two different things. May I suggest you carefully read the cover provided by your legal expences insurer and i'm sure you will find it says they will attempt to recover your "uninsured losses" - which amount to (and I agree) loss of earnings, if applic, car hire - BUT also the recovery of your £150 excess, if that isn't an uninsured loss pray tell me what is !!

impy78

patgc wrote:

Impy78, are you saying that if the other chap shouldn't have been driving and this can be proved by medical records, he will have invalidated his insurance (he could not claim for damage to his car) BUT his company would still be liable to cover the cost of the damage to my car.

Well, even if you cancel your car insurance and decide to drive uninsured and hit another driver, technically, your last insurance company would still be liable to pay out.

That is what I am going off. Whether or not he has invalidated HIS cover, he was insured at the time he hit you, so yes, you should be able to recover the cost.

I would phone your legal protection people directly.

patgc

Well, Have been in touch with th Legal Dept. again today, and they assure me that they are doing their utmost to sort this matter out. Persuaded them to phone the other Ins. Company and ask again whats happening. They rang back to say that the other Company have now received the chaps medical records (obviously they cannot say whats in them) and they have today (Tuesday) written to my insurers for more information !!!!!. They couldn't get a copy of the letter up on screen. So Privilege are supposed to ring me as soon as they get the letter to tell me what it says.
So the saga goes on.