insurance claim....Help!

selfhelper

My daughter only started driving a year ago and 1 month in someone reversed into her as she was reversing.
The person was very abusive towards her and put in a claim. She had to make a statement to the insurance and they advised that if she made a counter claim, it would go against her so she got the car fixed herself.
He was initially claiming he wasn't even in the car at the time as he was helping a passenger into the car so the claim was also for her.
It had obviously taken too long to get any money from this so he then put in a private claim against my daughter advising he was in the car and had serious injuries from this and wanted to claim as well.
On phoning the insurance they said to send this paperwork straight into them which I did as he was committing fraud.
My daughter has heard nothing until this week when she had a letter to say that because she wasnt replying to their letters, which she clearly was as a lot of the time i was posting them or doing the email, they are paying him out.
From the insurance and solicitors they are quite happy to pay him and are denying any paperwork was sent in to them and because of this her insurance has gone through the roof.
Where do we stand?
We can not find the recorded delivery slip and even then they would deny receiving it like they are now.

FutureGirl

Did you ever check the recorded delivery tracking to see if they had received it? Or chase it up with the insurers?

The problem is that your insurer would have only had a small window of time to investigate the accident once the claims come in.

It's likely they're dealing with our prejudice, so liability can still be discussed between the 2 insurers, and your insurer can make a recovery if it's found you aren't at fault. Have you re-sent the info to the insurers since the call last week?

If she made a claim on her insurance that would have affected her if she was fully or partially at fault, that part is correct.

selfhelper

hi thanks for the reply.
yes, we checked it was delivered. They are now saying she wasnt even insured through sheilas wheels with them as the underwriter, so now I have been trawling back through all my photos for proof as they do everything online. Thank god for screen shots.

FutureGirl

That is correct, E Sure are the underwriters, so that is who you're actually insured with. Sheila's Wheels just put their name on E Sure's product. When you call to talk about your policy / make a claim etc, you're speaking with E Sure.

When you sent the info to them, did you write the claim reference on the documentation? From experience this is the main reason documentation never reaches the claims team.

From what you've said, the claims team haven't received the documentation. They would have only had 15 working days to make a decision on whether to deal with the other persons claims. As I said - have you sent it to them again? Even though they're dealing with the claims, it doesn't mean it's the be all and end all, if they're dealing with them on without prejudice basis as, once liability has been established your insurer can still get their money back from the other insurers.

teddysmum

Not quite the same, but some years ago my son had a light bump (probably both parties at fault) but the other person claimed heavy damage to their car.


My son disputed the possibility of this, as no such damage was evident at the time of the accident and invited his insurers to send someone to inspect his car, which they did at my house.


The inspector told me that the other person was trying it on as my son's car was a model that crumples with very little force needed, so could not have caused the damage claimed. He said he suspected that the person further damaged his car to get a larger scale repair done or was trying to cover up a second accident and could be prosecuted.


After this,we were amazed when my son got a letter saying that his insurers were going to pay out.

FutureGirl

Did your son take photos at the scene of the damage to the other vehicle? If not, then there would be no evidence that the damage to the other vehicle didn't occur in the incident with your son, especially if there was some damage to your sons vehicle. The engineer who inspected your vehicle wouldn't necessarily see the damage to the third party vehicle, and the insurers only go by what is contained in the engineers report, as well as the estimate to repair your vehicle. Without pictures, sometimes there just isn't enough proof.