Insurer sharing details with accident management company under Road Traffic Act?

cool_dude_2000

Hi

A week ago I was unfortunate enough to be involved in a road traffic collision with a third party vehicle.

After naturally exchanging insurance details, I was soon personally contacted by unrelated companies offering me courtesy car and other services 'following the accident I just had'.

As I had not given consent for my personal details to be shared outside of my current insurer, I made a complaint under the Data Protection Act and requested both the claims company and my present insurer how they obtained my details.

Today the insurance company of the third party of whom I had an accident with wrote to confirm they had provided my details to the claims company when they were given my details by the third party.

What is striking is that they made a frivolous claim that they had a 'legal obligation under the Road Traffic Act (RTA) to offer me additional services' and that's why they were doing nothing unlawful in sharing my personal details.

To me this is all poppycock and utter rubbish!! I'm not aware of any such provision under the RTA and even find cases of where the Information Commissioner has fined motor companies for sharing such details to claims management companies.

Before I write back to escalate, I just wanted to know if anyone had heard this before?

Marvel1

Have the read the while road traffic act to see if you can find it?

Have you read the terms and conditions of your insurer to see if it is there?

cool_dude_2000

I couldn't find it anywhere and even my present insurer rang me when they received my complaint to say they had no idea where my details were obtained.

The ONLY possible referrance under the RTA is under s151-154 and s172 where police are obliged to share with you personal details of anyone you were involved in an accident with in order to make a claim and this supercedes the DPA. It makes no mention of accident claims companies sharing data.

AdrianC

cool_dude_2000 wrote: »

I couldn't find it anywhere

http://www.legislation.gov.uk/ukpga/1988/52/contents

I suspect they're saying they're including the management company under their s154 liability.
http://www.legislation.gov.uk/ukpga/1988/52/section/154

cool_dude_2000

Spurious at best isn't it?

AdrianC

<shrug> Does it matter?

They've done it. They've not done anything illegal by doing it, so how they justify it makes no difference.

Your personal details were provided to the other driver's insurer under the terms of your policy. Without them doing so, the claim would be pointless. That insurer have shared them with other people involved in the management of your claim, and their own DP registration will allow them to do that.

cool_dude_2000

I don't agree. Sending me marketing letters and unsolicited calls has nothing to do with the processing of the claim. It's just a means of making more commission to the detriment of my privacy.

In my mind the DPA is very clear about sharing and selling personal data to unrelated parties, so yes they have acted unlawfully.

AdrianC

Such is your opinion, and you are entitled to it. But they won't see it that way.

cool_dude_2000

I expect they won't. But that doesn't mean they'really right.

agrinnall

cool_dude_2000 wrote: »

I expect they won't. But that doesn't mean they'really right.

Well rather than moaning on here about it, where nothing can be done, why don't you spend your time complaining to them? I'm in agreement with Adrian that it'll be a waste of time, but better to waste your time than ours.

cool_dude_2000

Gosh you really don't understand the point of a forum do you. Nobody is forcing you to respond and I didn't ask anything of you. If replying on a public forum is beneath you, do yourself a favour and don't waste your own time.