advice please: esure, helphire and fix auto birmingham south: who will be liable?

Pangloss_2

It wasn't random, the FoS were very pleased to help, (as advertised on their website). I spoke to a very nice lady who allocated me a reference number to use in case I needed more help.

InsideInsurance

Apologies, I didnt note that you were the original poster.... thought a random forum newbie had seen a question asked by someone else and decided to phone the FoS for the answer to then repost on the forum.

Pangloss_2

Thanks again for taking the trouble to respond.

It was really useful to have had FoS's advice. They advised me to make sure all communications were confirmed in writing. They said some insurers systematically send all no-fault claims to a third part claims handler. If that was the case, it would be perfectly OK for esure to refer me directly to Helphire. I therefore asked esure last night what esure's policy was. It turned out esure's claim handlers are supposed to follow a script that offers a choice between esure dealing with the claim internally or using Helphire. I immediately logged a complaint with esure asking them to fulfil the terms of their insurance policy by bringing this matter to a satisfactory conclusion. A member of their customer complaints department is now dealing with my case.

The chain was esure responded to the report of the accident by telling me Helphire would contact me. Helphire then arranged a hire car and to have my car repaired by Fix Auto Birmingham South. Having read the terms of my insurance policy carefully however, I see that esure's warranty on repairs applies only if the repair is carried out by one of their approved repairers.


The latest position is Fix Auto Birmingham South have investigated my complaint and decided they weren't at fault. I am very impressed that they can adjudicate on a complaint against themselves. I had thought this privilege was reserved for the Police and for Parliament. They are now claiming the central locking system fault is due to pre-existing "wear and tear" to one of the locks. That seems similar to an earlier post on this forum.

When I took this up with Helphire, their representative backed Fix Auto Birmingham up and insinuated that I had known about the fault before the crash happened and by implication had attempted to commit fraud by attempting to get it fixed as part of the crash repair. Further more, he told me that they would only pay for correcting the damage to my car if investigation proved beyond doubt that the damage could only have been caused by Fix Auto Birmingham South.

Apart from the implied insult, which the Helphire representative was careful not to put in writing, it is outrageous and unjust to attempt to reverse the burden of proof. Anything could have happened to my car during the 3 weeks Fix Auto Birmingham South had my car in their care. It's obvious their quality system is deficient because the car was delivered to me with such obvious defects.

The final act in my relationship with Fix Auto Birmingham South was when their driver dropped off my car and picked up their courtesy car. He told me I had damaged it and completed a damage report, which he then refused to show me. He mentioned a scuff on the front bumper, which was in fact on the condition report they gave me when delivering the car and an almost invisible scratch on the door. It was less than 1mm long and therefore well within the BVLRA guidelines for fair wear and tear. I think this was a spiteful attempt to get back at me through their £500 CDW excess. Fortunately I had got esure to extend my insurance coverage to Fix Auto Birmingham South's car despite the fact they are not an approved repairer. Any attempt to extract any money from me on the basis of an unsigned condition document will be fought energetically.

I have now stopped talking to either Helphire or Fix Auto Birmingham South and will direct all correspondence via my new friend at esure.

Any comments or guidance would be appreciated

btw: my insurance policy came up for renewal in during this sorry tale. I have a couple of days left of the cooling off period. I am concerned that cancelling might reduce to level of cooperation I get from them

Pangloss_2

@ inside insurance, thanks, I was wondering....

dacouch

You could try employing your own independent engineer to draw up a report on the damage to the car that is in dispute. The cost will be circa £200 which you will be liable for, however if their report rules in your favour you should be able to recover this

Pangloss_2

@ dacouch: do you know of any professional bodies or registers I could consult?

dacouch

What region are you in

Pangloss_2

Solihull Westmidlands

dacouch

http://www.burchellassessors.co.uk/index.php?option=com_content&view=article&id=20&Itemid=2

http://www.cylex-uk.co.uk/company/banwell---associates-ltd-14081395.html

http://www.fleetdirectory.co.uk/c_jones_consulting_motor_engineers_/

Give the above a ring, have a chat with them and go for the one you feel happiest with, the last time I used one of these it was about £160 plus VAT. Make sure they are fully aware of the situation and what their report should focus on and that you require a report on whether the damage was existing or likely to be caused by the repairers. I would suggest you send them an email outlining the issues you want addressed.

They will normally also check and report on the quality of the other repairs that are not in dispute which can sometimes through up issues you may also want to get addressed.

adamc260

You could just ask your insurer to instruct an independent engineer to inspect the vehicle as your not happy with the repairs..