Car crash - third party insurer is rubbish and I have no rights to complain

somethingemma

In September I was crashed into by someone who is insured with a terrible insurance company. They lied to me in order to get my custom and it's been downhill since there. I could go on for hours about how terrible they are. They will not refund me for phone calls made to their 0844 number (after they refused to give me a landline number), they will not refund me for new carseats for my children who were in the car, they didn't give me a hire car when I told them I needed one to be able to get to a medical appointment, keep saying they'll do things but don't. I made a complaint 8 weeks ago and they've done nothing and basically they're saying 'screw you' because since I'm not a customer of theirs I can't complain to the Financial Ombudsman Service about them.

How is it right that I am out of pocket, I've been treated terribly, I've made a complaint that hasn't been taken seriously and yet I have no rights simply because I made the mistake of letting the third party deal with the claim? Obviously I won't be making that mistake again!

Is there anything I can do?

Quentin

You could pursue them through the small claims court.


Or (presuming you did inform your own insurer and have comprehensive cover) just make your claim off your own policy

somethingemma

I have instructed a solicitor at this point. I'm mostly mad about the fact that there is no recourse - they can just go around doing this to people and nobody can complain about it.

McKneff

When you knew they were being like this, why didn't you just hand everything over to your own insurance company to deal with it.

TheBanker

somethingemma wrote: »

I have instructed a solicitor at this point. I'm mostly mad about the fact that there is no recourse -

There is recourse through the courts, although you would claim against the other driver not their insurer.

Aretnap

You can't complain to the ombudsman, or through their own complaints procedure because you're not a customer of theirs and have no contractual relationship with them. You do have recourse though - ultimately through the courts. Alternatively if you're not happy with the service they give you you can put the claim through your own insurer instead (which does give you the protection of the ombudsman) or engage a claims mangement company who will provide you with a hire car and send the (inflated) bill to the third party insurer.

agrinnall

somethingemma wrote: »

In September I was crashed into by someone who is insured with a terrible insurance company. They lied to me in order to get my custom and it's been downhill since there.

This makes no sense, if it's somebody else's insurance company then they don't have your custom. You'll need to explain just what your relationship with this insurer is.

k3lvc

agrinnall wrote: »

This makes no sense, if it's somebody else's insurance company then they don't have your custom. You'll need to explain just what your relationship with this insurer is.

Presumably an Accident Management company rather than an Insurance Company

Ian011

New FCA rules effective 26 October 2015 require 01, 02, 03 or 080 numbers for existing customers. Most reputable companies have completely abandoned premium rate 084, 087 and 09 numbers.

magpiecottage

Ian011 wrote: »

New FCA rules effective 26 October 2015 require 01, 02, 03 or 080 numbers for existing customers. Most reputable companies have completely abandoned premium rate 084, 087 and 09 numbers.

Yes - but the OP is NOT an a customer of the insurance company.

As others have said, though, the OP seems to be pursuing the claim themselves rather than getting their own insurer to do it. It would be helpful to know why.

ConMan

My understanding of this sort of situation is, if the third party insurer captured you, i.e agreed to deal with your claim, then your an eligible complainant. If you decided to pay the claim yourself then tried to claim back the costs, then your not an eligible complainant.