Loss Adjuster offer question

saajan_12

mitchino said:

The loss adjuster stated:

"I can provisionally agree settlement in the amount of £5,155.00 and will now submit our report to Insurers for settlement. I’ll give you a call shortly to verbally verify your bank details."

He called and asked for my bank details and said the money would be with me in a couple of days.

The word provisionally specifically means that it is not confirmed, not binding and is dependent on certain conditions. In this case, those conditions are the insurers agreeing to it. The process is just that they do some leg work eg to assess the amount so that the insurer has all the facts in one go. 

DullGreyGuy said:

mitchino said:

Been re-reading the insurance company's response to my complaint, they state:

Sedgwick reviewed all the correspondence and sent an email to you on 11th October 2023, confirming a cash settlement of £5,155.00 is agreed and requesting bank details for the payment.

and later:

Whilst the decision to decline the claim is correct, I have noted the fact that a settlement was agreed between you and Sedgwick and later retracted. Your expectations have clearly been set to receive the agreed settlement and whilst the eventual decision is correct, you haven't been treated fairly.

They did offer me £350 compensation for being treated unfairly, but I still don't understand why it isn't a legally binding contract when an offer has been agreed with the loss adjusters, who were employed by the insurers? Surely they would have to have something in their Ts and Cs stating "any offer agreed between the loss adjuster and the claimant is subject to review and possible amendment by the insurer"?

For there to be a contract, assuming you're not in Scotland, you need an offer, acceptance and consideration... what do you believe the consideration has been to form the contract?

Even if a contract had been formed you would only be entitled to your actual losses caused by the other party breaching the contract. What actual losses have you sustained due to the breach? £350 sounds fairly generous unless you can substantiate you went out and bought a load of stuff on a very high APR loan because you knew you could pay the loan off with the settlement and would have not taken out the loan/bought the stuff had you known there would be no settlement. 

Well its not really a consideration issue - that would be the £5155. The issue is there is no offer, because that offer has to be unconditional while this one was provisional. 

mitchino

I am in Scotland if that makes any difference.

saajan_12

mitchino said:

I am in Scotland if that makes any difference.

Yes the need for consideration is different. But your issue is whehter there was an unconditional aka binding aka  NON provisional offer in the first place. That is required in both jurisdictions. 

cw8825

Isaajan_12 said:

mitchino said:

I am in Scotland if that makes any difference.

Yes the need for consideration is different. But your issue is whehter there was an unconditional aka binding aka  NON provisional offer in the first place. That is required in both jurisdictions. 

isn't it a moot point.
As OP hasn't met the conditions of the policy for a claim to be paid?