My insurer telling me to do the leg work?!?

danielley

Hi there

I was involved in an accident on Saturday night. A White Van Driver went into the back of me at a roundabout.

The driver admitted liability and we swapped details.

I called my insurer yesterday and I was shocked to discover that because I have 3rd party cover only my insurer (Churchill) will not pursue the claim for me, I have to chase the insurers myself.

I have asked a few friends and family if they thought that this would be the case and they are as suprised as I am.

I telephoned Churchill back this morning just to double check and they are insistant that they do not provide this help, as I did not take Legal Cover. The lady on the phone said I could try using a legal claims company, but I dont know if it would just be worth calling the insurer direct.

Any ideas what I should do next....

Quentin

danielley wrote: »

I called my insurer yesterday and I was shocked to discover that because I have 3rd party cover only my insurer (Churchill) will not pursue the claim for me, I have to chase the insurers myself.

You chose only third party cover, so Churchill rightly have no interest. (You didn't pay for any cover for damage to your own car). This would be the same whichever company you were with.

Depending on how clear cut liability is, the third party insurer may be prepared to deal directly with you and take over the repairs to your car and provide you with a replacement car whilst yours is in dock.

So worth contacting them in the first instance.

If they don't offer to take over the repairs themselves then you will need to pursue the third party yourself (or instruct a claim handler or solicitor to do this for you).

huckster

Churchill are correct.

You should contact the other drivers Insurers and if they are not helpful, use one of the car accident claims management companies, who will do the work for you.

Sometimes easier just to sort out with other Insurer. These claims management companies don't charge you any fees (they recover from 3rd parties Insurers), but they can be a pain, particularly if you obtain a hire car from them. Read threads on here regarding companies like Driveassist, where people have had problems, with dubious scratches to hire cars.

danielley

Thanks for the responses.

Well, I had no idea that my insurer wouldn't assist, I truly believed that they would act on my behalf as I am their customer, regardless of my policy. You live and learn.

I have just contacted the other driver's insurer (a company called NIG acting as Footman James) and they sounded like they didn't have a clue what is going on and asked for my number and said they would call me back.

I had to prompt them to take my name down.... doh, I can see that this is going to be hard work!

I am loathe to use a claim management company as I can't be bothered with the hassle either; I just want it dealt with swiftly and my car fixed.

huckster

danielley wrote: »

I have just contacted the other driver's insurer (a company called NIG acting as Footman James) and they sounded like they didn't have a clue what is going on and asked for my number and said they would call me back.

I had to prompt them to take my name down.... doh, I can see that this is going to be hard work!

I am loathe to use a claim management company as I can't be bothered

I suspect that until they have been in contact with their policyholder (3rd party driver), they won't be able to do anything. They need the other side of the story.

It might actually be a good idea to phone the 3rd party driver to get them to phone Footman James, just to help this along.

Hopefully they will be in contact with their policyholder shortly, but be prepared to have to chase this up yourself. Some 3rd party drivers are reluctant or are slow in contacting their Insurers. They just don't realise it could cause you delays.

Quentin

danielley wrote: »

I have just contacted the other driver's insurer (a company called NIG acting as Footman James) and they sounded like they didn't have a clue what is going on .....

The third party may not have reported the incident yet - bearing in mind this just happened on Saturday night!

Also if it was a van driver, then it may be up to his employer to report this, so won't get much priority!

Footman James are brokers, you need to try and deal with the insurer direct.

The third party insurer is not obliged to take over getting repairs done etc, (and could instead want to await the completion of the repairs before reimbursing you), so best to have an alternative plan should they simply tell you to deal with the matter yourself, especially if you are now off the road.

eg. Get an estimate now from your chosen repairer and send it to the third party, explaining you hold them responsible for the damage and ask them to confirm they will pay for all costs you incur. Offer them an opportunity to inspect the damage. And take it from there.

magpiecottage

Your claim is against the DRIVER, not the owner/registered keeper, nor against the insurer - though they may well negotiate on the driver's behalf.

You should therefore write to the driver in the first instance. They will then normally pass it on to the insurer in the first instance. There is no need to be rude or abrupt in your letter. Simply refer to the incident and the fact that he admitted liability. Also confirm the names and addresses of any INDEPENDENT witnesses.

Be aware that the insurance policy is there to protect the driver from claims by other people (i.e. you) and thus for the driver's benefit, not yours. This means the Financial Ombudsman Service will also not be able to assist you.

vaio

As Quentin says, they are not obliged to do the right thing which is to make the claim as easy and hassle free for you as possible but if they don't I'd have no hesitation in following the advice given in another thread……

Quentin wrote: »

......You can cut out the middleman and go direct to a PI claim firm of your choice. Some win no fee firms will pay a commission direct to you in return for you going direct to them.

Google cashback injury solicitors. Offers of £300+ are fairly easy to find - and that's just for giving them your case!.

Wherever you go, (via your insurer or direct), they will only take you on if they consider you have a good chance of winning.

Instant couple of hundred in your pocket, plus a grand or more if you have whiplash. If you aren’t injured then there are similar offers available from claims management companies.

danielley

Thanks for all your advice.

The car is still on the road thank goodness, just dented and scratched, so I dont have to worry about the repairs immediately.

Although it was a van, it was not a works van.

Latest update is someone from NIG has called me back and taken a few more details, but she herself said that they cannot act until the driver calls up and lodges the claim. That would be very frustrating indeed if my vehicle was off the road. They advised me to contact the driver direct to push things along, but I will give him till the end of the week before I chase him.

Will let you know how I get on.

Quentin

They are giving you the brush off. (eg What if he never rings them?).

Follow the advice already given (re getting an estimate and writing in to NIG). You then will have a dated paper trail to refer to should they keep giving you the brush off. (Alternatively hand it all to a claim handler to deal with)

magpiecottage

Make sure you document ALL expenditure, including costs of postage, telephone calls etc.

That really means writing is better than telephoning.