Car insurance - injury claim asking for employer records

Enigma80

Hi all,

The question:

Although she's not claiming loss of earnings, the claims people are asking for authority to access her employment records. Why do they need this and if she says no, can they reject the claim?

I was going to tell her to just sign it, but after reading up a few sites online, some of them suggest they might access records they don't need to for whatever reason.

The detail:

My wife was involved in a car accident back in June this year. She was at a junction waiting for a gap to pull out, when someone drove in to the back of her. He admitted fault and it all seemed fairly clear cut.

Her car was written off and went via a third party claim handler that her insurance suggested. Insurer was Elephant, the claim handler was Auxillis who sorted the claim side of it. Elephant also suggested she called Elephant (BDE) LAW (she paid extra for the legal cover in the insurance premium).

She'd been off work due the whiplash she had (she was sent home from work, works in a hospital). Although they hadn't assigned a case handler, she was sent for appointments to get checked out. Since June she's been seeing a physio via the policy and her GP. She also went to see Occupational Health around August at the request of her line manager who was happy that it was being dealt with.

Initially she'd been contacting BDE law regarding the progress of the claim and didn't get anything back due to there being no case handler; she was told that once one was assigned they'd get in touch.

A few days ago she received an email saying they haven't received some paperwork from her. They've never been in contact since July.

A letter came in the post today with forms such as Financial Loss, Care and Services Diary, Form of Authority etc.

So, can she just call up Elephant Law and refuse consent without hindering her claim, considering she's not claiming loss of earnings.

Elfinpie

Hi, I'm currently going through a non fault claim and they requested my work records. I was told they wanted access to sickness records to see if I had been with off back related / pre existing injuries (my back was damaged in the accident) as it could impact my claim if there were pre existing problems.

I gave them full access to everything

FutureGirl

If she isn't claiming loss of earnings then they I can't see why they need her employment records, especially given that the account was only 4 months ago.

I work in the industry and the only time I see employment records obtaining is either when the claimant has pre-existing issues, OR if the claimant submits their claim quite some time after the accident (usually a year+).

Your wife should ask why they need them - especially if your employer may charge BDE Law of obtaining them - they cannot always recover this cost from the this party insurers, especially if the records aren't used, or disposed to them.

Enigma80

Thanks both.

Probably best to call up and ask why they need it and whether they can proceed without it.

Oxo1

I'm in process of injury claim. I did not give access to employer or GP records. Not claiming for loss of earnings as I get sick pay, I detailed my very limited health background which does not include any problems that relate to injury in this accident.
Other part tried to say it was partly my fault he hit and write off my car, but since receiving my statement of events and willingness to go to court with any CCTV evidence availible he had admitted full libility to crash. Just waiting for personal injury claim to be resolved now.
Good luck

Enigma80

Oxo1, this is where it seems fairly clear-cut for my wife. She was stationary and he drove into the back of her.

Fault was admitted by him and he took full responsibility for it (after initially running out of the car and screaming at her for not pulling out). The car-insurance side of it was all done and dusted months ago, money was paid out as my wife's car was written off.

My wife works full-time and like you, gets paid sick-pay, so is not claiming loss of earnings. So essentially they don't need it at all.

Oxo1

No they don't but may persist as they may feel that she has medicle history.
I'm waiting to see if they ask me before they offer any payment is agreed.
I went for medicle check with my insurances Dr for report and had to put medicle history on that
So if they ask for it now it will be to prove no lies and proceed with claim I think.
Oxo1

FutureGirl

Also, important to note that if your wife did take time off work her employment contract may allow for her employer to claim the sick pay back from the third party insurers. So this could be another reason.

Oxo1

Yes good point,
You don't have to though , I did not bother with asking them to claim for my employer to get money back, more red tape just wanted all over asap. As far as my employer is concerned I was off sick so monitoring of sickness procedure applies regardless. Therfore couldn't be bothered to help them get money back.
Oxo1

sheramber

Have you considered that your wife may still unable to wrk when her sick pay runs out?

Would you want to be able to claim then?

FutureGirl

Oxo1 wrote: »

Yes good point,
You don't have to though , I did not bother with asking them to claim for my employer to get money back, more red tape just wanted all over asap. As far as my employer is concerned I was off sick so monitoring of sickness procedure applies regardless. Therfore couldn't be bothered to help them get money back.
Oxo1

Wouldn't have been your decision to make, it's your employers decision (if they can do this it'd be stated in your employment contract).