Wrongly accused of a car accident I didn't have

Heffalump511

I told them I was making a formal complaint. They looked into it and basically said tough, the facts remain and pay up. I've got the forms for FOS so will start on that today. When I get to court I will mentn this so thank you.

stugib

Heffalump511 wrote: »

The bill for that [first incident] was over £1500 due to excess but as they didn't fix my car in the beginning, I got the bill turned round and they had to pay me for my own damage thus null and voiding the excess.

I asked for a refund of premiums and was told no refund due to claim.

My insurer has paid third party out and wants me to cough up my excess which as it is £1500 the total bill is less thus they want me to pay £1342.42 being the total cost of third party claim and charges incurred because I have refused to pay, on the basiis that my vehicle and my son didn't have this accident.

Trying to unpick all this, so this is a guess, but are you sure this isn't all relating to the first incident, and this second one is just muddying the waters?

What does "I got the bill turned round and they had to pay me for my own damage thus null and voiding the excess" mean?

It sounds like it was a third-party claim against you, which you wouldn't have had to pay the excess for, and then you insisted on them repairing you car, in which case the excess would have become payable. You've then refused to pay the excess so you owe them the £1300?

And I don't understand how a second claim would've been processed if the policy had been canceled by them? It sounds like they weren't insuring you on the date of the alleged second incident?

Heffalump511

Two separate incidents. In relation to the first accident, I didn't get my car repaired straightaway. It shouldve been a non fault accident but it was settled by the insurers as 50/50 despite the witnesses saying it wasn't my sons fault. When it was all finalised my insurers came knocking on my door for £1500 excess, but as I hadn't had my car fixed i got it turned round as they had to pay for my damage to my car which I had got fixed myself. Thus instead of me paying them£1500 they paid me out for my claim which negated the excess. I would've been liable to pay the all sections excess whether I claimed formy own car or not. This is why this second alleged accident that they paid out on despite all of my evidence showing it couldn't have been my car, is now requiring me to pay the all sections excess which I am disputing.

You've seen my point about the dates - why did they pay out when the dates don't tally and I wasn't even insured with them by the date on the insurance assessors report. I think they do have the 2 accidents muddled and just can't see the obvious. The third party on both accidents was insured with Direct Line. My car wasn't in this second accident and so doesn't require fixing. I'm not sure how else I can word all of this to make it any clearer. Bottom line, 2nd accident did not happen by my vehicle so why should I be hounded to pay for the all sections excess when I gave my insurers all the evidence to show my car wasn't involved.

dacouch

stugib wrote: »

Trying to unpick all this, so this is a guess, but are you sure this isn't all relating to the first incident, and this second one is just muddying the waters?

What does "I got the bill turned round and they had to pay me for my own damage thus null and voiding the excess" mean?

It sounds like it was a third-party claim against you, which you wouldn't have had to pay the excess for, and then you insisted on them repairing you car, in which case the excess would have become payable. You've then refused to pay the excess so you owe them the £1300?

And I don't understand how a second claim would've been processed if the policy had been canceled by them? It sounds like they weren't insuring you on the date of the alleged second incident?

The OP's Insurer are fairly unique, they offer very cheap premiums but apply a very large "all sections" excess of between £1500 and £3000. All sections means you also pay it if it's solely a third party claim.

Last time I looked they had stopped taking new business

magpiecottage

XS Direct is covered by the IRISH Financial Services Ombudsman

Fax 00 353 1 662 0890
Tel 00 353 1 662 0899

stugib

dacouch wrote: »

The OP's Insurer are fairly unique, they offer very cheap premiums but apply a very large "all sections" excess of between £1500 and £3000. All sections means you also pay it if it's solely a third party claim.

Last time I looked they had stopped taking new business

Ah, didn't think it sounded standard, thanks, I'll stop trying to work it out now!