Duped by Claims Management Company 2 January at 8:38PM in Consumer rights 15 replies 501 views

Grizzly78

Recently I was in a car accident and not to blame. In the stress of the aftermath I unknowingly phoned a company which I now believe to be a "lead generator" instead of my insurance company. I'd used Google and in my rush had not checked the website address before phoning - just saw my insurance company name in the blurb.
It was a week before I discovered my mistake but I contacted all the companies I'd dealt with, only to discover that of course I had the option of completing the deal or paying all the costs accrued. Each company has told me over the phone that there will be no charge to me and that all costs will be charged to the third party insurers. The initial company in particular has given me some misinformation over the phone already, including that they are recommended by the FCA! My concern is that they will still try to charge me for something. What are my rights if they do? 

eskbanker

To what extent have you signed up to a contract/agreement, and have you provided any bank or card details?

Olinda99

You never know - they may even get you a better deal from.your insurance company than you could acting alone.

Aylesbury_Duck

How did you unknowingly call them?  Was the number provided by your insurer? 

Grizzly78

No. In my haste I used Google. Don't know if I made a typo or what but nothing came up with my insurance company's logo so I phoned the top number on the list which had the name of my insurance company in the text. But crucially not in the web address. Honestly don't know what I was thinking, I was obviously in shock. I'm usually so careful about that. 

Aylesbury_Duck

Had you already started a claim process with or notified your own insurer?

Grizzly78

@eskbanker

Signed a car hire agreement. Gave account details to and received payment for my totalled car from the CMC that I was directed to after initial call.  

DullGreyGuy

Grizzly78 said:

Recently I was in a car accident and not to blame. In the stress of the aftermath I unknowingly phoned a company which I now believe to be a "lead generator" instead of my insurance company. I'd used Google and in my rush had not checked the website address before phoning - just saw my insurance company name in the blurb.
It was a week before I discovered my mistake but I contacted all the companies I'd dealt with, only to discover that of course I had the option of completing the deal or paying all the costs accrued. Each company has told me over the phone that there will be no charge to me and that all costs will be charged to the third party insurers. The initial company in particular has given me some misinformation over the phone already, including that they are recommended by the FCA! My concern is that they will still try to charge me for something. What are my rights if they do? 

You have no "rights" per se but read the contract you signed. The language will be convoluted as it's a fairly complex area of law but just work it all through logically. It will normally say that as long as you support them then your liability is capped to what the third party is found liable for... aka you aren't liable for anything.

Firstly, make sure you mitigate your losses from here on so give the hire car back promptly etc.

Secondly, continue to support their recovery attempts... they may request things like bank statements to prove you couldn't afford an open ended hire car yourself... just provide what they ask rather than mess about arguing you want to redact items from it etc.

Aylesbury_Duck

I agree with this ^^.  

You've signed an agreement, so it would see you're bound by it unless it says you can cancel.  Just minimise your losses, as DullGreyGuy says, which would normally mean cracking on with buying a replacement car so you can hand the hire car back asap.

Manxman_in_exile

This might be too late for the OP but for everybody else out there:

1.  Always have the 'phone numbers for claims for all your insurance policies readily to hand (car, home travel etc)

2.  If you don't have them to hand, find them.  Don't rely on google

3.  If you do have to use google, NEVER choose the first item that comes up...

user1977

4. Install an ad-blocker (which is likely to make point 3 redundant).