DAS - Insurance Cheats?

BertTheRaccoon

rs65 wrote: »

I think you mean income.

Indeed, but a rather nice supplementary income for often sticking a product in by default without consulting the punter.

NetalBeattie

InsideInsurance wrote: »

Never had a policy underwritten by DAS, though have had ones where they do some claims administrations.

Certainly in other contracts the killer clause is normally "we judge it to have reasonable prospects of success". By having no paper contract or not having proof of consideration they may argue that they feel that you dont have sufficient prospects of success

Ultimately log a formal complaint, they are an insurer and so it can be escalated to the FOS if you arent happy with their response

I think this makes the most sense - the FSO should be able to say whether DAS are in the right or wrong. I made a complaint to DAS and had their "final" response today, so I should be able to go to the FSO. There is no point in threatening legal action against DAS - I may as well go after the original provider!

malchish

What DAs never tell upfront, that it won't be a solicitor who will deal with yoyr claim, but some unqualified staff in Bristol who is on low wage and whose qualifications remain unknown to you. The claim is routinely passed to Das law - the firm that belongs to Das insurance, and has the same CEO.
Don't hope for a independent solicitor's assessment. It is not independent. Das law will act in the interest of themselves - i.e. insurance. The assessment of the prospects of success is given to a non- solicitor, a claim handler.

so, if such 22 year old unlicensed and unqualified individual makes a wrong assessment ( by error, or because DAS insurance won't recover costs at winning - such as in an employment claim, or small claim), you won't be given the funding, and das will have an excuse "at the end of the day, she did not know, she is not a lawyer".
Very convenient arrangement.

Das law will spend a month or more making their "assessment", when an independent lawyer often needs only a few hours for this.

And, surprise surprise, DAS law charge £100 an hour whoever works on your case - so they will give you a school graduate withoyt qualifications, she will be slow enough to earn them a fortune, they will pay her £20k a year.

If your case is serious - make an independent assessment by a barrister and pay for that. This will prevent DAS from claiming "less than 50%prospect of success", they will have to agree to fu d you - at this point instruct your own solicitor,

malchish

And make sure that at no point you instruct DAS law, otherwise they will say that you are only entitled to choose once, you have made the choice ha-ha.
Just say that you merely act on demands of your insurer so provide your papers to das law, but not instruct them to act for you.

It is definitely better, in my opinion, to represent yourself, than to be represented by that youngster in das law.
If you ask what their qualifications are - they decline to answer.

Imagine - you have medical insurance, and need to claim. The insurer insists on checking your diagnosis, to check whether your illness is covered. They send a non-doctor to assess you - they claim that, although you are not allowed to ask for qualifications of this person, they are supervised by some doctor. The non-doctor person assesses that you have chicken pox that is not covered. In reality, you broke your leg.

but they do not care, they do not pay, since in their view now it is a not covered illness.
If they agree to cover you, all the treatment will be done by this non-doctor who won't disclose his qualifications, and who can mistake a broken leg for chicken pox. Oh, and they will take 28 days or more to make a diagnosis, by which day the chicken pox would have cleared and the leg healed crooked.

all my comments are my personal opinion only. However, I base my opinion on complaints about das by das insureds

BertTheRaccoon

The aim of the game with any LEI cover is to take in premium income and then find ways to avoid providing an indemnity.

You have also spotted the latest issue within the insurance industry, ownership of law firms/ Alternative Business Structures, where "independent" advice for the policyholder can be hard to come by.

Vicmeldrew

BertTheRaccoon wrote: »

Some contract law does not apply to insurance contracts, such as The Unfair Contract Terms Act etc.

Insurers by and large are there for their share holders and nobody else. End of.

I don't know what part you are referring to but Insurance contracts are very much covered by both the UCTA and the UCTCCR.


On another matter being discussed... Consideration is a matter of equitable value.