Halifax Car Insurance Procedures Refuse to Amend Inaccurate Statement of insurance

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  • 2e0arr
    2e0arr Posts: 1,007 Forumite
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    Peteholl89 wrote: »
    I always thought that whilst a claim was open/ongoing that both drivers would have this listed as a fault claim . Then once one firm admits 100% liability this would allow the other firm to recover all of their invested capital. Then and only then may the driver disclose this as a non-fault claim. I was given this information by an insurer. Someone please tell me if I am wrong.

    I have been sent a Statement of Insurance.

    This document states at the box [Fault ?] [Our driver].

    Up to now fault has not been established but this document states I am (Our Driver ) at fault and this is inaccurate.

    If the [Fault ?] box said [Other driver] then that is also inaccurate.
    Ageas o.b.o. Halifax have not determined fault yet and they have the pictures and videos from me. Ageas are awaiting a claim if any from the other driver.

    If it said at the date of birth box 10th January 1066 it would also be inaccurate.

    It has crossed my mind that because the damage to my car was minimal to the point that I will not be making a claim am I being considered automatically at fault ?

    Is the Statement of Insurance document issued to me, an official document that must stand up in court and be accurate ?

    Reading up I understand that assessment of fault is based on the experience of how a court case would find fault from the evidence presented.

    The date when this statement of Insurance was issued Fault had not been established at all. It is an inaccurate document which may have a financial disadvantage to me and that is why i am making a reasonable request for accuracy.
  • Oli.s
    Oli.s Posts: 548 Forumite
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    Peteholl89 wrote: »
    I always thought that whilst a claim was open/ongoing that both drivers would have this listed as a fault claim . Then once one firm admits 100% liability this would allow the other firm to recover all of their invested capital. Then and only then may the driver disclose this as a non-fault claim. I was given this information by an insurer. Someone please tell me if I am wrong.

    This is exactly how I understood it to work. I think Halifax have acted correctly and any financial disadvantage you suffer now will be reimbursed should your driver be found not to be at fault.
  • stugib
    stugib Posts: 2,602 Forumite
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    2e0arr wrote: »
    I telephoned Halifax to report the occurrence and stated that the damage is almost unnoticeable on my car so i have no intention on making a claim.
    Details were taken and I was put through to Ageas who deal with the claims. Details were taken and i was given information how to email and or post pictures and the videos.

    Has the third party tried to claim off your insurance? If not they should've recorded it for information only and not as a claim.
  • 2e0arr
    2e0arr Posts: 1,007 Forumite
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    TSx wrote: »
    There is no need for the complaint to be made in writing. The FCA definition of a complaint is

    "‘Any expression of dissatisfaction, whether oral or written, and whether justified or not, from or on behalf of an eligible complainant about the firm’s provision of, or failure to provide, a financial service’."

    A complaint is equally valid if registered in writing or over the phone, and any financial company should treat it the same way.

    I would ring them back and just ask them to confirm they have registered the complaint as you are looking to take it to the FOS and need a final decision from them. You may wish to follow this up in writing, but you want to try and get this resolved as soon as possible (before the renewal ideally) so getting the '8 week clock' started as soon as possible is important.

    Thank you so much this posting. It is good advice and information for me.

    I really appreciate you and the other contributors taking the trouble to help me.

    This morning i had a call from Ageas the under writers who were surprised that Halifax had sent me the Statement of Insurance that I was at fault. The lady I spoke to was the file handler and stated that no fault had been established.

    I called the Financial Ombudsman Service and spoke to an adviser who asked would I like her to write to Halifax to state that my telephone complaint on Saturday was a formal complaint. I said yes and she has.

    I telephoned Halifax this morning and discovered that there was no planned action on my comments requesting action on my complaint on Saturday to them.

    I was asked by the operator did I want to make a complaint about the call handler and reluctantly I said yes.

    I explained in detail to today's call handler the action i wanted recording in text and he read it back to me.

    I now await a callback from a Halifax team leader about the attention i have received from Halifax call handlers.

    I will be sending a letter to Halifax and will obtain and keep proof of posting today.

    I am not a lawyer and it makes me beg the question if Halifax were asked a question on tv or radio or in a newspaper "was MR X at fault in the accident in 11/11/2013" and they said "yes", is this actionable in law by Mr X.

    Reading the Statement of Insurance it states, "Please advise us immediately on 08442090471 should any of the information be incorrect or missing". So I did and the document is still inaccurate with information missing.
  • 2e0arr
    2e0arr Posts: 1,007 Forumite
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    stugib wrote: »
    Has the third party tried to claim off your insurance? If not they should've recorded it for information only and not as a claim.

    No claims as yet.

    I have discovered the other car is Motability car and the insurance is from royal sun alliance. I don' t know if this will make have any bearing on a claim.

    I could guess the other car may be in for repair now (the other driver lives just down the street from me ) and there is another very newish car of similar size but different make outside.

    Would the other insurance company sanction repairs to proceed before formal claims have been made and in progress ?
  • stugib
    stugib Posts: 2,602 Forumite
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    2e0arr wrote: »
    Would the other insurance company sanction repairs to proceed before formal claims have been made and in progress ?

    If she claimed on her own comprehensive insurance they'd repair under her own policy then if they thought they had chance of recovering it reclaim from your company later. They wouldn't wait to establish liability in that case. Doesn't mean they'd be successful.
  • Faith177
    Faith177 Posts: 2,927 Forumite
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    All claims are logged as fault until liability has been accepted so Halifax have acted correctly.

    Once the TP have accepted liability they will then amend it to show them at fault not you this is pretty standard for insurance.

    Considering your claim happened less than a week ago I very much doubt liability has been sorted yet so this is why it is an open fault claim
    First Date 08/11/2008, Moved In Together 01/06/2009, Engaged 01/01/10, Wedding Day 27/04/2013, Baby Moshie due 29/06/2019 :T
  • stugib
    stugib Posts: 2,602 Forumite
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    Faith177 wrote: »
    All claims are logged as fault until liability has been accepted so Halifax have acted correctly.

    Whose claim?
  • opinions4u
    opinions4u Posts: 19,411 Forumite
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    I called the Financial Ombudsman Service and spoke to an adviser who asked would I like her to write to Halifax to state that my telephone complaint on Saturday was a formal complaint. I said yes and she has.
    What a complete waste of FOS resource.
  • Faith177
    Faith177 Posts: 2,927 Forumite
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    stugib wrote: »
    Whose claim?

    To start with both parties will have the claim logged as fault until either party accepts liability
    First Date 08/11/2008, Moved In Together 01/06/2009, Engaged 01/01/10, Wedding Day 27/04/2013, Baby Moshie due 29/06/2019 :T
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