Claiming independently against an insurance company after an accident

MrsJLTurner

When I called my insurance company I spoke through thoroughly what had happened with a very helpful call handler. I decided, perhaps now unwisely, to try and liaise with the driver/their insurance myself. They agreed it would be noted on my policy and I would have pay out an excess which I couldn’t really afford just before Christmas. There is no need to be so curt. Surely I am able to represent myself if I so wish. If you don’t have anything helpful to add please refrain from replying. 

MrsJLTurner

Aretnap said:

MrsJLTurner said:

So basically they can just ignore me because I’m not an insurance company... 

No, if they don't deal with your claim as you wish, you can start court proceedings against them (or technically against the driver who you hold responsible for the accident, who will then have his insurers deal with the claim in his behalf). If they do not acknowledge liability you will have to prove it in court, and there is the risk of having to pay costs if you lose (albeit the costs would not be too bad if the claim is small enough for the small claims court - ie under £10K).

However when claiming from the third party insurer your only way of enforcing your rights is through the courts. You cannot use their complaints procedure or go to the Financial Ombudsman - as you are not a customer of theirs you have no protection under consumer law. 

Many thank for this. I will look into this.

EdGasketTheSecond

You have no claim on the other driver's insurance, only against the other driver themselves. They may not have even told their insurer which is why nothing is happening.

Ectophile

By the sound of it, you haven't actually made any claim off them yet.  You have had a few nice chats with their call centre, and sent them a few emails.  They are ignoring you, in the hope that you will give up and go away.

If you want to make a claim, then make a claim.  Decide how much money you think they need to pay you.  Send them a Letter Before Action setting out how much money you want, and giving a reasonable time to pay (traditionally 14 days).  Tell them that if they do not respond to your claim, then you will start court action without any further notice.

That formally starts the claim process.  They may actually talk to you then.  They might deny all responsibility, or they might send you a cheque.  If they don't pay, you have to be prepared to take it to court.

Undervalued

Ectophile said:

By the sound of it, you haven't actually made any claim off them yet.  You have had a few nice chats with their call centre, and sent them a few emails.  They are ignoring you, in the hope that you will give up and go away.

If you want to make a claim, then make a claim.  Decide how much money you think they need to pay you.  Send them a Letter Before Action setting out how much money you want, and giving a reasonable time to pay (traditionally 14 days).  Tell them that if they do not respond to your claim, then you will start court action without any further notice.

That formally starts the claim process.  They may actually talk to you then.  They might deny all responsibility, or they might send you a cheque.  If they don't pay, you have to be prepared to take it to court.

Providing by "them" you mean the other driver (and not their insurance company) I agree.

However, your post is not clear and could easily be read as "them" being the insurance company. As has been repeatedly stated the insurance company are not obliged to respond to any "letters before action" or anything else the OP sends them. Her claim, if she has one, is against the driver.

MrsJLTurner

The “them” is the insurance company. The driver has not answered any of my calls or replied to any of my messages. They didn’t/wouldn’t communicate with the driver of the other car either. 

I may add the car has commercial insurance cover, does this make any difference? I assumed not. I have a claim number so I have rightly or wrongly assumed they have my details logged somewhere, whether it’s being ignore remains to be seen.

I am seeking further legal advice at this time but again thank you for your comments. 

comeandgo

MrsJLTurner said:

The “them” is the insurance company. The driver has not answered any of my calls or replied to any of my messages. They didn’t/wouldn’t communicate with the driver of the other car either. 

I may add the car has commercial insurance cover, does this make any difference? I assumed not. I have a claim number so I have rightly or wrongly assumed they have my details logged somewhere, whether it’s being ignore remains to be seen.

I am seeking further legal advice at this time but again thank you for your comments. 

Why are you not allowing your insurance company to do what you pay them to do and make claims for you?

Mercdriver

All this hassle would be avoided if you go through your own insurance company and let them do what you pay them to do.  As it seems pretty certain that you aren't at fault. any excess you might pay will be refunded.

Car_54

Mercdriver said:

All this hassle would be avoided if you go through your own insurance company and let them do what you pay them to do.  As it seems pretty certain that you aren't at fault. any excess you might pay will be refunded.

Exactly. Your insurers will know exactly what to do - they do it all day long - and it will cost you nothing. Whereas you don't know what to do, and you're now about to pay a lawyer to tell you!

MrsJLTurner

Because I didn’t have £*** spare just before Christmas but thanks for your comment. I have already acknowledged that evidently this was a mistake because unbeknown to me you can’t do things like this yourself even if you have the
time and willingness. The dark, untrusting world of insurance is something to behold. Lesson learnt.