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Car accident - both parties with Aviva - TP admits liability but 'Aviva' say 'Aviva'
smeenlee
Posts: 13 Forumite
... will not refund our excess!
We find ourselves in a ridiculous and extremely stressful situation thanks to the dishonesty of Aviva's car insurance arm. We're hoping someone on here can help us.
On 8th June this year, during the school run, a fellow parent reversed into our car. We contacted Aviva immediately and were passed on to one of their recommended repairers nearby (the damage was substantial, including a new wing needed). The repairer advised that we should pay the excess to them before we could our car back, but Aviva said that if what we said was the case had happened (no fault on our part), and the TP admitted liability then we would get back our £350 excess (which was far higher than we were led to believe when we renewed, but that's another story). We duly paid out and waited for the TP to confirm liability.
In the event we waited 8-10 weeks before being finally told that the TP (also insured by Aviva!) had at last admitted liability. We were then told (by the claim handler at the Indian call centre) that our cheque would be sent out "within 2-3 weeks". We chased them after 3 weeks and were told it would be on its way soon. We did the same 2-3 weeks later and were once again told the same. We finally chased them again tonight, and were told that, in fact, we would not be receiving the excess which we had paid out, as "the third party's insurer has refused to pay back the injured party's excess". The person who told us this from Aviva Motor Claims Cutstomer Service then shocked us further by stating that there is a clause in our policy which says we are not guaranteed to have our excess refunded in such cases, if the other party's insurer refuses to pay. In response to our anger at this, they said we should have read the 40-odd page policy document properly!
What we want to know is:
- Even if Aviva have covered their backsides on this with an obscure policy clause, surely the fact that both insured's here are with Aviva means that this clause is a nonsense, purely aimed at ripping off policyholders?
- As we have been repeatedly assured we will get our money, and it has taken them FIVE MONTHS to telll us otherwise, then surely we must have some sort of recompense?
We have threatened Ombudsman, moving business elsewhere etc, to no avail. We are not a well-off family and this will ruin our Xmas - based on their assurances we had budgeted to get back money we have paid out on credit cards in order to use it for our kids' xmas pressies. Do any kind and clued-up MSE'ers have any advice for us?
Many thanks in advance for any help anyone can give.
We find ourselves in a ridiculous and extremely stressful situation thanks to the dishonesty of Aviva's car insurance arm. We're hoping someone on here can help us.
On 8th June this year, during the school run, a fellow parent reversed into our car. We contacted Aviva immediately and were passed on to one of their recommended repairers nearby (the damage was substantial, including a new wing needed). The repairer advised that we should pay the excess to them before we could our car back, but Aviva said that if what we said was the case had happened (no fault on our part), and the TP admitted liability then we would get back our £350 excess (which was far higher than we were led to believe when we renewed, but that's another story). We duly paid out and waited for the TP to confirm liability.
In the event we waited 8-10 weeks before being finally told that the TP (also insured by Aviva!) had at last admitted liability. We were then told (by the claim handler at the Indian call centre) that our cheque would be sent out "within 2-3 weeks". We chased them after 3 weeks and were told it would be on its way soon. We did the same 2-3 weeks later and were once again told the same. We finally chased them again tonight, and were told that, in fact, we would not be receiving the excess which we had paid out, as "the third party's insurer has refused to pay back the injured party's excess". The person who told us this from Aviva Motor Claims Cutstomer Service then shocked us further by stating that there is a clause in our policy which says we are not guaranteed to have our excess refunded in such cases, if the other party's insurer refuses to pay. In response to our anger at this, they said we should have read the 40-odd page policy document properly!
What we want to know is:
- Even if Aviva have covered their backsides on this with an obscure policy clause, surely the fact that both insured's here are with Aviva means that this clause is a nonsense, purely aimed at ripping off policyholders?
- As we have been repeatedly assured we will get our money, and it has taken them FIVE MONTHS to telll us otherwise, then surely we must have some sort of recompense?
We have threatened Ombudsman, moving business elsewhere etc, to no avail. We are not a well-off family and this will ruin our Xmas - based on their assurances we had budgeted to get back money we have paid out on credit cards in order to use it for our kids' xmas pressies. Do any kind and clued-up MSE'ers have any advice for us?
Many thanks in advance for any help anyone can give.
0
Comments
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Suggest that contact Aviva press office on 01603 684224, provide them with the details and advise them unless this is sorted out within say 3 days, you will be involving the press.
Aviva cannot act in this way. I think the last person you spoke with has made a mistake, but I think you need to put your foot down and play dirty. No point going to the FOS, unless you want to wait 6 months or more.The comments I post are personal opinion. Always refer to official information sources before relying on internet forums. If you have a problem with any organisation, enter into their official complaints process at the earliest opportunity, as sometimes complaints have to be started within a certain time frame.0 -
Thank for the response Huckster. Do you really think their press people will take notice of this? Don't want to get caught up in another load of bull**** while they "look into it" etc...0
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wouldn't do any harm to start the formal complaint process in tandem0
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Your excess is an uninsured loss, which you can easily chase yourself.
Write a letter to the third party (ie the driver) saying you hold them responsible for the incident, and ask that they pay you your uninsured losses. List these (ie your excess and any other losses you experienced), and tell them that if they don't pay you the sum requested within 14 days you will take legal action.
If that is ignored, then use MCOL to issue a claim. That will get action! (The third party will get Aviva to get you paid, as they won't like the idea of you getting a judgement against them in court)0 -
As Quentin advises, the other course of action is to issue a letter before action to the 3rd party driver, stating that you will issue a court claim against them for the excess, unless it is paid within (say) 21 days. In the letter you should suggest that they discuss this with their Insurers. When Aviva see the letter, if the 3rd party was definately at fault, I can see them issuing a cheque for the excess. As this would probably not be in time for Christmas, I think I would be phoning their press office first to see if I could pressurise them first.The comments I post are personal opinion. Always refer to official information sources before relying on internet forums. If you have a problem with any organisation, enter into their official complaints process at the earliest opportunity, as sometimes complaints have to be started within a certain time frame.0
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Your excess is an uninsured loss, which you can easily chase yourself.
Write a letter to the third party (ie the driver) saying you hold them responsible for the incident, and ask that they pay you your uninsured losses. List these (ie your excess and any other losses you experienced), and tell them that if they don't pay you the sum requested within 14 days you will take legal action.
If that is ignored, then use MCOL to issue a claim. That will get action! (The third party will get Aviva to get you paid, as they won't like the idea of you getting a judgement against them in court)
that seems a tad harsh it isnt the drivers fault the excess isnt being paid it is the 3rd parties insurances' fault.
surely what your are suggesting is basically extortion, 'you pay us the money or we will take you to court', when it is not their fault at all and you should be writing direct to their insurer0 -
that seems a tad harsh it isnt the drivers fault the excess isnt being paid it is the 3rd parties insurances' fault.
surely what your are suggesting is basically extortion, 'you pay us the money or we will take you to court', when it is not their fault at all and you should be writing direct to their insurer
It may seem harsh, but that is the correct way to go about it. (And the "driver" you are worried about caused all this trouble in the first place, so don't feel too sorry for him/her!)
It isn't extortion at all - it is the law of the land.
In cases like this you need to sue the individual, not his insurer.0 -
Big thanks to everyone for your good advice. Think we are going to take all three courses of action - press, complaints, and legal route with TP.
Will let you know how we get on!0 -
that seems a tad harsh it isnt the drivers fault the excess isnt being paid it is the 3rd parties insurances' fault.
surely what your are suggesting is basically extortion, 'you pay us the money or we will take you to court', when it is not their fault at all and you should be writing direct to their insurer
May seem harsh, but they have to pursue the claim against the driver, not the insurer. That's the way it works.
I can't see that an FOS complaint will do any good - they are not complaining about their own insurer, but the other driver's insurer (albeit it's the same company).0 -
sarahg1969 wrote: »I can't see that an FOS complaint will do any good - they are not complaining about their own insurer, but the other driver's insurer (albeit it's the same company).
I agree - on the other hand, telling the other side that they can make a complaint to their insurer (albeit the same company as yours) MAY help.
You do not need to be bullying - simply a letter saying that "unfortunately your insurer is refusing to meet my claim against you in full and therefore I am left with no option but to ask you to pay personally or commence legal action against you - and will have to do so if I do not receive payment within 14 days" should be sufficient.
Do bear in mind, though, that sometimes an insurer will take the view that liability is differently split than policyholders do and occasionally they may be right.0
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