Car hire through insurer - AUXILIUS asking for additional documentation after claim has been settle
I had insurance with Directline for my old car which was written off after a bus hit the parked car. We had courtesy car agreement with my insurance, so when Directline said they would get get Auxillis to call us to arrange, I didn't think anything of it. I thought it was all part of the same insurance claim. Directline advised us heavily not to go directly to third party as the bus company offered to settle with me. But as I needed the car urgently and the third party couldn't supply one without sending someone to look it over and things (which was going to take a week or more), we went to our own insurer to deal with all of it.
After a lot of fighting, Directline got paid by the third party. But apparently, the car hire charges was a separate claim to the third party and hasn't been paid. We got the hire car for only 1 week as Directline wrote off the car. We were car less after the first week.
So, now - almost 11 months after the accident, Auxillis has sent us paperwork to fill all over again as they are going to court. In this PDF, they have asked us to declare our financial status and if we could have afforded to pay for the car hire ourselves or not.
Their exact questions are:
I questioned this as I said I don't need to justify our financial situation as the car hire was part of the insurance agreement we had and I don't know why my financial situation matters.
They wrote back a long letter, but the 2 pertinent statements they made were:
As a result of being involved in a collision that was not deemed your fault, you were referred to Auxillis by Direct Line, to provide a suitable alternative vehicle on a credit basis. This was arranged as an alternative to claiming against your own comprehensive policy and incurred a loss of no claims and a liability to pay your policy excess.I was never told there was an alternative and I had the choice of claiming with Directline. This wasn't mentioned or discussed with me. And I think this was deliberate.
We would advise that in accordance with the terms and conditions of the agreement, it does advise that you are ultimately liable for the outstanding hire charges and your co-operation and assistance is required throughout proceedings which is why you have now been sent documentation requesting information necessary to pursue and support the need to hire a vehicle.
This is what worries me. How can I be liable if I had insurance in place for exactly this reason? How can my insurer land me this sort of trouble, given this is exactly why I have insurance??
What do I do now please? Do I have to submit the documents needed and go to court if needed to justify this? Can my insurer do something about this? What are my rights here? I wish I knew about this shady trick insurance companies play on consumers!! Aargh!
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