Help - Insurance claim rejected and whiplash

edsredshed

Hi - I'm pulling my hair out and would be grateful for any advice you can provide.

I had an accident before christmas - really slow into the back of a car at a roundabout. Everyone fine, no damage to my car, she had a cracked bumper so we exchanged details. I spoke to my insurance company told them that I was travelling to see a patient. They informed me that I wasn't covered for work travel so would be rejecting my claim - said they recognised it was an oversight rather than malicious and asked that I pay a top-up to ensure that I’m covered forwork travel going forward.

I was upset but as it was minimal damage thought that I wouldbe able to cover the cost of a new bumper but I have just heard that she is nowclaiming whiplash - I know its possible but my gut feel is that she's taking the p##

The Insurance company have said that they will represent meto settle the claim and will then look to get me to reimburse them for allcosts. But then I will hand over allresponsibility to them.

I know they do this kind of thing every day but not surethey have my best interests at heart as I gues they just want to deal with itquickly.

I have no idea what to do.


Thanks in advance for any advice

DUTR

Accidents are something we wish never occured whether we are the 1st or 3rd party.
I'm sure you would agree the vehicle bumper is desinged to withstand some impact and perhaps more than the human body.
Perhaps the 3rd party are not willingly claiming for personal injury which has to be assesed. The pain may not occur immediately.
By the way a new bumper and spray can cost leaving not much change out of £2k.

ontrack

As this could potentially be VERY costly for you I would make an appointment with a good solicitor TODAY!!

InsideInsurance

Insurers want to deal with it in a cost effective way factoring both the cost of the claim and the cost of administering the claim. They arent impacted by the emotional aspect as inevitably those who are involved in accidents are.

You obviously need to express your concerns over the alleged injury to your insurers and they will decide if its best going down the route of contesting it as a low speed impact but increasing costs should they lose or simply settle it quickly at the lowest cost.

edsredshed

As its whiplash - they say they won't contest as very hard to disprove. They have suggested offering £1200 as apparently this is the "going rate"! But that's my money that they're offering that ultimately I have no evidence that this lady is indeed injured.

InsideInsurance

edsredshed wrote: »

They have suggested offering £1200 as apparently this is the "going rate"! But that's my money that they're offering that ultimately I have no evidence that this lady is indeed injured.

But how many hours at £350/hr do you want a solicitor to work on it with the risk that if they dont disprove it that you end up paying the £1,200, their increased solicitors costs and your insurers solicitor?

(in reality your insurers probably wont involve a solicitor because the economies simply dont add up but its useful to highlight the point)

edsredshed

Thanks Inside - that's exactly my problem. Do I just let the insurance guys get on with it and trust that they're going to deal with it as efficiently as possible.
I spoke to someone at work who said that I could also think about taking (or threatening to) the Insurer to the Financial Ombudsmen as they may not have made it clear that driving to see patients was included (or not) in my insurance. They siad that going down this route costs the Insurance company money and they may just decide to settle my claim rather than go down this route?

Quentin

In view of the costs you face, it is worth trying anything!

No point thretening the FOS, just pit in your complaint and then escalate it to the FOS when they reply - you won't have to pay the FOS for looking at your complaint, or dealing with it if they decide to take it up. (The cost to the insurer won't stop them taking their current line with you unless they are in the wrong here)

But this has little hope - when you take out a policy you are asked what level of cover you want - it's not for the insurer to argue with you when you answer the question!

Your employer should have ensured you were properly insured, so there may be an avenue there. See your union rep if you have one.

alleycat`

edsredshed wrote: »

Thanks Inside - that's exactly my problem. Do I just let the insurance guys get on with it and trust that they're going to deal with it as efficiently as possible.
I spoke to someone at work who said that I could also think about taking (or threatening to) the Insurer to the Financial Ombudsmen as they may not have made it clear that driving to see patients was included (or not) in my insurance. They siad that going down this route costs the Insurance company money and they may just decide to settle my claim rather than go down this route?

To be honest, unless you bought over the phone, the online drop down menus are pretty specific about using your car for work (which in effect you are doing).

If it was done over the phone then it should be recorded to protect their backside.

I assume you can request that information under a FOI type scenario.

I'm sure there is a load of legal crap you have to sign off on saying you are making a true and factual statement when you take out insurance even if it is an accidental oversight.

alleycat`

Quentin wrote: »

But this has little hope - when you take out a policy you are asked what level of cover you want - it's not for th einsurer to argue with you when you answer the question!

Your employer should have ensured you were properly insured, so there may be an avenue there. See your union rep if you have one.

This last bit is actually quite an interesting angle.
I do have to supply that information and i suspect the OP should have to do also.

spacey2012

They will have to pay the injury and damage as this is covered in third party risks.
They may however have a contractual clause to re-claim this cost from you for non disclosure.
These are two separate things.

On "work insurance" many people are under insured at work, the in connection with the policy holders business extension means just that.
In connection with your business, not someone else's.

If you are using your car on the instructions of an employer in service you need class 1 business insurance which includes you supplying your vehicle for use of an employer.
many people who think they are insured for work, are not, always state if the car is to be used under instruction of an employer.
When the quote comes back, you will see why employers want people using their own cars.

You have my sympathy, but I feel you may have been under insured and they may have the contractual right to re-claim any loss as a result.
They are duty bound by law to pay the actual claim.