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ongoing insurance complaint...since September 2010
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lmaddison83
Posts: 2 Newbie
hi i really need some advice!
on 29th september i was involved in a collision with another vehicle. the day after the collision i phoned endsleigh to inform them of my accident. During this phone call i was informed that i would receive a call in the next couple of days from endsleigh about my claim. I heard nothing so 5 days later on tuesday 5th october i phoned them again to chase up my claim. They told me they were awaiting a response from nig insurance, the other party’s insurance company.
later the same day i received a call from a man. Despite telling me he was from my insurance company, he had incorrect details about the accident and didn’t even know there had been witnesses to support my claim. He was very negative about the liability of my claim even though endsleigh had been very positive i was not at fault. I was very upset after this call and even suspected he had been calling from the other party’s insurance company to try and get me to admit liability on the phone while being recorded. He also informed me that the other party was trying to claim against me for whiplash injuries even though he had crashed into the back of me. After hearing nothing more and feeling very doubtful that this man was who he said he was, on friday 8th october i attempted to phone the number he had given me. I phoned several times but there was no answer. Now very suspicious, i phoned endsleigh to question them about it. They had no record of a call being made and said they would investigate. They said that no claim of personal injury had been made against me.
on monday 11th october i received a call from a company called drive assist. I had no idea why they were involved in the claim at all but they informed me that the other party had had no contact with his insurance company at all and that they were still waiting for a response. They assured me there had been no claim against me for personal injury. I attempted to phone the number the man who phoned me had given me again but still had no response so i search on google for his name and the word insurance. The search returned that he worked for a company called allianz.
i phoned allianz but they had no idea who i was or who the third party was despite doing several searches under names and car registration details. I was told the matter would be investigated and that they would get back to me.
i decided to phone endlseigh to inform them of what i had found out through my investigations and this time was told that my policy is underwritten by a company called allianz and that is why i had been contacted by them. They told me that a claim for personal injury compensation had infact been made against me. I was given a reference number (that allianz don’t recognise) and told that all my correspondance needed to be with them from now on. This goes against what was said in my statement of insurance where endsleigh state: “in the event of you wanting to make a clam against your policy, endsleigh will be acting on behalf of the insurere in negociating and settling the claim with you”.
because i still hadn’t heard back from the complaints officer from allianz i phoned back. I informed him that i did not want to have to deal with the man who initially phone me because of the way he spoke to me and asked to deal with someone else now that they are dealing with my claim.
even though endsleigh had told me that only allianz would be dealing with my claim, i still had endsleigh and drive assist contacting me, as well as silverbeck rymer, a solicitor, who had apparently been appointed by drive assist.
i was concerned because drive assist contacted me saying that my witnesses are refusing to give their statement to them because they have already given it to my insurance company (and if it was anything like my statement it would have taken nearly two hours to complete).
i complained to endsleigh twice about the problems i have had. The first was a letter and an email on the 12th of october. Endsleigh acknowledged this with a phone call the following day. I was told i would receive a letter through the post but i did not receive anything. I sent another complaint through email on 23rd october and was telephoned again by endsleigh two days later. I finally received a letter two weeks after this and it was two weeks out of date. This letter is the only correspondance by post i have had with endsleigh, everything else has been on the phone or even though i have been told i should have received other letters before this. The only times i have received letters is because i have asked them to email me a copy. Nothing has ever been posted despite the letters saying “first class” at the top.
on the 25th october i received a letter by email from endsleigh apologising for my need to complain. In the letter it also said they had enclosed a copy of the letter they should have sent me at the very start of my claim but this was not actually enclosed.
drive assist has sinced phoned me informing me that they can no longer deal with my claim because it has been over 21 days. I still don’t understand why they were involved in the first place.
on the 30th october i received a letter (dated 19th october) from a company called rsa informing me that i had not followed my policy procedure because i had not informed them of my accident.
on 1st november i phoned rsa and asked them why they had sent that letter. I told them that since they are not my insurer i had no reason to inform them. They informed me they were my insurer. I therefore asked them how they had got my details and they told me that endsleigh had passed them over. Following this conversation i phoned endsleigh and asked why my details had been passed on to rsa. I was told that there was no record of my details being passed on and that they didn’t know why i had received this letter. I then phoned allianz to see if they knew anything but they had no idea. Someone at allianz said that they had had a similar problem with another client of endsleigh.
last week i received a letter from silverbeck rymer (dated 23rd november 2010) saying that i have failed to provide them with instructions and they are therefore closing the case. I have had previous letters from them asking for costs of repairs/expenses etc. But as i have not had any repairs done yet endsleigh ensured me that silverbeck rymer would wait and keep the case open. This has clearly not happened.
endsleigh acknowleded my complain in a letter dated 30th november. As stated above, i complained for the first time on the 12th october and after having no immediate response, i complained again on 23rd october. this situation has been unresolved since i first reported the accident on the 30th september. It has caused me a great deal of stress and a lot of time. I am still in the dark about the liability of the claim, i have not had my vehicle repaired and i have no idea why five different companies have been involved.
i only had my policy with endsleigh for 20 days before i had the accident and i wish i had never taken out my policy with them. I really don’t want to have them as my insurer until september. I decided to complain to the ombudsman service.
as my insurance company became aware of my complaint to you they offered my £100 plus the protection that i will be able to keep my no claims bonus regardless of fault when i come to renew in september 2011. They also agreed to keep me informed once a month until the case was resolved. I accepted this offer as the end to my problems with this company. they have since not kept this promise, i have not been contacted at all unless i have phoned them to ask.
on friday 15th july 2011 i phoned for an update. I was told that they had not heard from the third party and therefore they would close the case in october 2011 once a year had passed since the accident. I then asked where i stood in terms of repair to my own vehicle (my excess is £750 - which is why i put it off). They had forgotten that they had agreed to repair my vehicle once liabilty was established and so i was told they would re-contact the solicitor (silverbeck rymer) on my behalf.
on tuesday 19th july 2011 i received a call from silverbeck rymer informing me that in december 2010 the 3rd party insurance company (nig) hadn’t heard from their client and therefore would allow me to pursue a claim for repairs. This i was not told about. The solicitor agreed to phone nig to see if they will still go ahead with the repairs. When he phoned my back he informed me that it was no longer the case. Nig had received the police report and the accident had been deemed my responsibilty and therefore they are claiming from my policy. I have not been informed of this from my insurance company. Two days earlier they had told me that liabilty was still in dispute. I am really confused. Has anyone got any ideas on how i can possibly move forward with this.
on 29th september i was involved in a collision with another vehicle. the day after the collision i phoned endsleigh to inform them of my accident. During this phone call i was informed that i would receive a call in the next couple of days from endsleigh about my claim. I heard nothing so 5 days later on tuesday 5th october i phoned them again to chase up my claim. They told me they were awaiting a response from nig insurance, the other party’s insurance company.
later the same day i received a call from a man. Despite telling me he was from my insurance company, he had incorrect details about the accident and didn’t even know there had been witnesses to support my claim. He was very negative about the liability of my claim even though endsleigh had been very positive i was not at fault. I was very upset after this call and even suspected he had been calling from the other party’s insurance company to try and get me to admit liability on the phone while being recorded. He also informed me that the other party was trying to claim against me for whiplash injuries even though he had crashed into the back of me. After hearing nothing more and feeling very doubtful that this man was who he said he was, on friday 8th october i attempted to phone the number he had given me. I phoned several times but there was no answer. Now very suspicious, i phoned endsleigh to question them about it. They had no record of a call being made and said they would investigate. They said that no claim of personal injury had been made against me.
on monday 11th october i received a call from a company called drive assist. I had no idea why they were involved in the claim at all but they informed me that the other party had had no contact with his insurance company at all and that they were still waiting for a response. They assured me there had been no claim against me for personal injury. I attempted to phone the number the man who phoned me had given me again but still had no response so i search on google for his name and the word insurance. The search returned that he worked for a company called allianz.
i phoned allianz but they had no idea who i was or who the third party was despite doing several searches under names and car registration details. I was told the matter would be investigated and that they would get back to me.
i decided to phone endlseigh to inform them of what i had found out through my investigations and this time was told that my policy is underwritten by a company called allianz and that is why i had been contacted by them. They told me that a claim for personal injury compensation had infact been made against me. I was given a reference number (that allianz don’t recognise) and told that all my correspondance needed to be with them from now on. This goes against what was said in my statement of insurance where endsleigh state: “in the event of you wanting to make a clam against your policy, endsleigh will be acting on behalf of the insurere in negociating and settling the claim with you”.
because i still hadn’t heard back from the complaints officer from allianz i phoned back. I informed him that i did not want to have to deal with the man who initially phone me because of the way he spoke to me and asked to deal with someone else now that they are dealing with my claim.
even though endsleigh had told me that only allianz would be dealing with my claim, i still had endsleigh and drive assist contacting me, as well as silverbeck rymer, a solicitor, who had apparently been appointed by drive assist.
i was concerned because drive assist contacted me saying that my witnesses are refusing to give their statement to them because they have already given it to my insurance company (and if it was anything like my statement it would have taken nearly two hours to complete).
i complained to endsleigh twice about the problems i have had. The first was a letter and an email on the 12th of october. Endsleigh acknowledged this with a phone call the following day. I was told i would receive a letter through the post but i did not receive anything. I sent another complaint through email on 23rd october and was telephoned again by endsleigh two days later. I finally received a letter two weeks after this and it was two weeks out of date. This letter is the only correspondance by post i have had with endsleigh, everything else has been on the phone or even though i have been told i should have received other letters before this. The only times i have received letters is because i have asked them to email me a copy. Nothing has ever been posted despite the letters saying “first class” at the top.
on the 25th october i received a letter by email from endsleigh apologising for my need to complain. In the letter it also said they had enclosed a copy of the letter they should have sent me at the very start of my claim but this was not actually enclosed.
drive assist has sinced phoned me informing me that they can no longer deal with my claim because it has been over 21 days. I still don’t understand why they were involved in the first place.
on the 30th october i received a letter (dated 19th october) from a company called rsa informing me that i had not followed my policy procedure because i had not informed them of my accident.
on 1st november i phoned rsa and asked them why they had sent that letter. I told them that since they are not my insurer i had no reason to inform them. They informed me they were my insurer. I therefore asked them how they had got my details and they told me that endsleigh had passed them over. Following this conversation i phoned endsleigh and asked why my details had been passed on to rsa. I was told that there was no record of my details being passed on and that they didn’t know why i had received this letter. I then phoned allianz to see if they knew anything but they had no idea. Someone at allianz said that they had had a similar problem with another client of endsleigh.
last week i received a letter from silverbeck rymer (dated 23rd november 2010) saying that i have failed to provide them with instructions and they are therefore closing the case. I have had previous letters from them asking for costs of repairs/expenses etc. But as i have not had any repairs done yet endsleigh ensured me that silverbeck rymer would wait and keep the case open. This has clearly not happened.
endsleigh acknowleded my complain in a letter dated 30th november. As stated above, i complained for the first time on the 12th october and after having no immediate response, i complained again on 23rd october. this situation has been unresolved since i first reported the accident on the 30th september. It has caused me a great deal of stress and a lot of time. I am still in the dark about the liability of the claim, i have not had my vehicle repaired and i have no idea why five different companies have been involved.
i only had my policy with endsleigh for 20 days before i had the accident and i wish i had never taken out my policy with them. I really don’t want to have them as my insurer until september. I decided to complain to the ombudsman service.
as my insurance company became aware of my complaint to you they offered my £100 plus the protection that i will be able to keep my no claims bonus regardless of fault when i come to renew in september 2011. They also agreed to keep me informed once a month until the case was resolved. I accepted this offer as the end to my problems with this company. they have since not kept this promise, i have not been contacted at all unless i have phoned them to ask.
on friday 15th july 2011 i phoned for an update. I was told that they had not heard from the third party and therefore they would close the case in october 2011 once a year had passed since the accident. I then asked where i stood in terms of repair to my own vehicle (my excess is £750 - which is why i put it off). They had forgotten that they had agreed to repair my vehicle once liabilty was established and so i was told they would re-contact the solicitor (silverbeck rymer) on my behalf.
on tuesday 19th july 2011 i received a call from silverbeck rymer informing me that in december 2010 the 3rd party insurance company (nig) hadn’t heard from their client and therefore would allow me to pursue a claim for repairs. This i was not told about. The solicitor agreed to phone nig to see if they will still go ahead with the repairs. When he phoned my back he informed me that it was no longer the case. Nig had received the police report and the accident had been deemed my responsibilty and therefore they are claiming from my policy. I have not been informed of this from my insurance company. Two days earlier they had told me that liabilty was still in dispute. I am really confused. Has anyone got any ideas on how i can possibly move forward with this.
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Comments
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So there are the two seperate matters.... 1) is the claim itself where liability is evidently still in dispute and 2) the handling of the complaint
On the claim side of things both your insurer and your solicitor should be acting for you to negotiate liability. It sounds like the police report contains information supporting the third party's allegations against you. On the basis that NIG haven't sent a copy of it to your insurers or solicitors then it would sound like the TP isnt actually making any claim for damages at this point but either of them that are representing you should be asking NIG for a copy of it. If they agree with the TPIs assesment that it supports them not you then they would normally forward it to you for comment.
I think you will find the big problem in this case is that you haven't actually gotten anything to claim at this point having comprehensive insurance but not having had your insurer do the repairs. Because of this and my assumption NIG is in a similar boat then everyone is in defence mode rather than actively pursuing - if neither side claim damages there is no point insurers paying £X,000s arguing liability if there are no settlements to be made.
To the complaint, did the FOS actually take on the complaint or simply pass it to the insurer (which is Allianz not Endsleigh - they are a broker) because you hadn't followed the complaint process/ timeline correctly?
If the FOS did actually investigate the complaint then you simply need to go back to them and advise that Allianz has not followed the resolution to the complaint.
If the FOS didn't actually investigate you need to speak to Allianz again with the threat of taking it to the FSA0 -
Thanks, I did follow Endsleigh's complaints procedure but they didn't respond or acknowledge it. FOS were in the process of pursuing the complaint and when Endsleigh got wind of it - that's when they made the offer that I accepted so the complaint was cancelled with FOS but now I want to bring it up again. Endsleigh have passed on the claim to Allianz only because the 3rd party was claiming personal injury (whiplash, when he hit ME from behind and speed difference only 15 mph...). Both insurance companies have a copy of the police report and I have 2 witnesses who say I am not to blame (other driver speeding, tried to overtake when a lane split in two but lane didn't split in time so he hit me on back right hand side). I can't understand why I would be to blame, it's really frustrating. Other drive said I changed lanes into him but he was at traffic lights on red 50 yards or so behind me when I changed lanes.0
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Endsleigh are brokers not insurers, it sounds like they have deligated authority to deal with low level claims on behalf of Allianz but not either PI or the higher costs that any claim involving PI would be.
Speak to the FOS if the complaint was registered with them for advice about still not being kept informed despite the promises to0
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