Am I liable for the bill??

kimbers103

Hi all
I've not been on here for a while but I really need advice!
Quick background:
Last year I put the wrong fuel in my car. I had a moment of stupidity and I've no idea why! I drove the car about 100m before I realised but by then it was too late. My garage told me to call the AA and my insurance to see what they suggested.
I'm a member of the AA and called them. For £250 they told me they could come and clear out the engine etc.
I called my insurance co - Direct Line - who were really helpful. They told me I was covered and all I would need to pay was my excess. Even better, they told me that if the amount to fix it came in under my excess, I could just cancel the claim and pay the bill at the garage directly - great! So they told me they'd get my car and tow it to the garage, which they did. Green Flag turned up, asked for my key, I handed it over and off they went.
Next day, the garage called. The bill came to £200 - even better! So I called Direct Line, had a chat and arranged for the claim to be cancelled, went to the garage, paid my £200 and off I went. I received a letter from Direct Line confirming my claim is cancelled and I've not really thought about it since.
BUT, suddenly, a £150 from Green Flag has arrived at my door! Apparently Direct Line refused to pay to get my car towed as I cancelled the claim? Now, I'm a member of the AA and I'm only a mile from the garage. If I'd had ANY idea I might be liable for this bill I'd have said no, I'll get it there myself, thanks! The bill itself is still addressed to Churchill Insurance Services, not me. Now Direct Line are saying because I handed my keys over that I AM liable and they won't pay it unless I reopen my claim, which will of course affect my renewal quotes when my insurance is up. But my understanding when I handed my keys over was that the contract was between Direct Line and Green Flag, not me.
I was never told that I might be in any way liable for anything Direct Line had organised - it didn't cross my mind, and the girl at Direct Line, when I said "That's all I need to pay, is that it then" replied, "yes". Direct Line have listened to a recording of one of the phone calls with me and say that at no point was I told I wasn't liable for anything else so that means by default that I have to pay. But I argue that they didn't tell me that I was, so I couldn't have agreed to it and as such I shouldn't have to pay. I'm sure there was one call though where I was told I didn't owe anything else but they've not tracked down that call yet.....
So what does this mean? Legally, I don't think I should have to pay for something if I wasn't told I would be liable for it at ANY point, the contract was between Direct Line & Green Flag, and the bill (still) isn't addressed to me?
I honestly don't have £150 and Green Flag are demanding payment from me within 7 days. Can anyone help? I don't know what to do?
Help!

Stoke

I'm really confused by this. I thought with Direct Line your green flag was part of your insurance, so yes, you've already paid your annual membership to green flag?

motorguy

kimbers103 wrote: »

I honestly don't have £150 and Green Flag are demanding payment from me within 7 days. Can anyone help? I don't know what to do?
Help!

Your car broke down

You had it recovered by Green Flag

You cancelled the insurance claim.

Assuming you werent a Green Flag member at the time, but they recovered the car, then yes, you are liable.

kimbers103

So it doesn't make any difference then that I wasn't told anything about being liable and that Direct Line told me I wouldn't have to pay anything else? I don't find that particularly fair?? Like I say, if I had any inkling then I certainly wouldn't have agreed to anything as I've got my own breakdown cover elsewhere - which they knew as I told them I'd spoken to the AA through my membership. I was extremely stressed about it all so when they said they'd "deal with it" I didn't question the unspoken small print??

kimbers103

But no Stoke, I'm not a member of Green Flag, I'm an AA member. Green Flag were asked to take my car by Direct Line, not me :-(

InsideInsurance

You need to put a complaint in to Direct Line and get them to listen to the call (and provide you a copy/ transcript) where they told you about what would happen if the cost was below your excess.

It will clarify if you missunderstood them and they said that the total cost came under your excess (ie recovery + repair) or explicitly only the repair

kimbers103

Thanks InsideInsurance. They've listened to one call but only where I cancelled the claim, not the others. They're off to listen to the others now. They're argument is that because they didn't say I wasn't liable, it automatically means I am. Whereas I'm convinced I asked them if I was liable for anything else if I cancelled the claim and they said no. I'm hoping the recordings will clear up what everybody said. It's difficult as it was months ago! This has certainly been a learning curve..

InsideInsurance

If your statement is correct where you say:

kimbers103 wrote: »

Even better, they told me that if the amount to fix it came in under my excess, I could just cancel the claim and pay the bill at the garage directly - great! So they told me they'd get my car and tow it to the garage

Then you'd have a strong case to make.

On a fun side note, remember that you will need to declare this "incident" on all future insurance quotes for the next 3-5 years. As a claim was registered it may well find its way onto CUE even though you subsequently withdrew it.

kimbers103

Really? So when filling in details for insurance quotes I still need to say I've had a claim, despite cancelling it? I really didn't know that! Golly, today really isn't going well :-( In theory then, I'd be as well reopening the claim and getting them to pay for the lot if it's likely to affect my next quote anyway?

F1F93

kimbers103 wrote: »

Really? So when filling in details for insurance quotes I still need to say I've had a claim, despite cancelling it? I really didn't know that! Golly, today really isn't going well :-( In theory then, I'd be as well reopening the claim and getting them to pay for the lot if it's likely to affect my next quote anyway?

Depends on the wording of the question. You have not made a claim, nor had an accident etc so you might be alright. This usually applies when you have a crash but don't go through the insurers to have it fixed - you declare it as an accident, but no claim. If in doubt, ring the insurer before you buy and explain it to them.

InsideInsurance

F1F93 wrote: »

Depends on the wording of the question. You have not made a claim, nor had an accident etc so you might be alright. This usually applies when you have a crash but don't go through the insurers to have it fixed - you declare it as an accident, but no claim. If in doubt, ring the insurer before you buy and explain it to them.

A claim has been made and subsequently withdrawn so will have a £0 net outlay. Its withdrawl doesnt mean that is simply disappears and never existed. These are recorded on CUE (by those that use CUE of cause)