No fault car insurance claim

Morning All,

i hope somebody can help me with my current situation. 

Back in June 23 I had a car accident, when I contacted my insurer Aviva zero, I eventually got a number to call and gave them my details, because it was obviously a no fault claim (other car driving wrong was down a dual carriage way) they passed me through to a solicitors to deal with this.

When I chased my insurer up a month later, they have no knowledge of the accident but said could be due to processing, I’ve an email between two departments chasing, I then got a call from somebody saying all good. So thought nothing of this.

Fast forward 16months and I have finally gotten to a stage of treatment for my personnel injury (car written off and other parties insurance paid that up). I got a settlement fee, which I was told to reject due to ongoing treatment, but noticed the solicitors have added a fee from them, which I thought was strange because I always opt for legal cover as an extra on car insurance. So queried this and they said they haven’t been given this info from the insurer. So I went through the annoying livechat (wish I had known they were crap to contact) and they said they haven’t put a claim in for my accident but my previous insurer has. Which ironically is Aviva (not zero).

So can somebody offer some advice to what the hell I do with this one ( before I phone Aviva up). It looks like my previous insurer (Aviva) have registered my accident and passed info to solicitors, but my then current insurer wasn’t aware I’d had an accident.

 

Please can somebody help, I don’t want to get into a legal mess with this, equally I don’t want the solicitors to take 25% of my claim because this is why you opt for legal cover.

 

Kind regards

J


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Comments

  • born_again
    born_again Posts: 19,732 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    jblakes said:
    Morning All,

    i hope somebody can help me with my current situation. 

    Back in June 23 I had a car accident, when I contacted my insurer Aviva zero, I eventually got a number to call and gave them my details, because it was obviously a no fault claim (other car driving wrong was down a dual carriage way) they passed me through to a solicitors to deal with this.

    When I chased my insurer up a month later, they have no knowledge of the accident but said could be due to processing, I’ve an email between two departments chasing, I then got a call from somebody saying all good. So thought nothing of this.

    Fast forward 16months and I have finally gotten to a stage of treatment for my personnel injury (car written off and other parties insurance paid that up). I got a settlement fee, which I was told to reject due to ongoing treatment, but noticed the solicitors have added a fee from them, which I thought was strange because I always opt for legal cover as an extra on car insurance. So queried this and they said they haven’t been given this info from the insurer. So I went through the annoying livechat (wish I had known they were crap to contact) and they said they haven’t put a claim in for my accident but my previous insurer has. Which ironically is Aviva (not zero).

    So can somebody offer some advice to what the hell I do with this one ( before I phone Aviva up). It looks like my previous insurer (Aviva) have registered my accident and passed info to solicitors, but my then current insurer wasn’t aware I’d had an accident.

     

    Please can somebody help, I don’t want to get into a legal mess with this, equally I don’t want the solicitors to take 25% of my claim because this is why you opt for legal cover.

     

    Kind regards

    J


    Did you not declare the ongoing claim when renewing insurance?

    You current insurer has nothing to do with a claim under the previous insurer. All they need to know is that you have a claim in the past.
    Life in the slow lane
  • DullGreyGuy
    DullGreyGuy Posts: 17,597 Forumite
    10,000 Posts Second Anniversary Name Dropper
    Who is the third party insurer?

    What is the detail of the "two departments" that the email was between?

    It's obviously not clear what's happened, I would have first guessed that the original call wasnt to Aviva but an ambulance chaser who was advertising on Google and so appeared before aviva in the results. 

    Ultimately its a complaint to Aviva; you'd hope that they use the same legal firms for the LE cover as they do for referrals for someone without LE and so should be salvageable 
  • jblakes
    jblakes Posts: 184 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    edited 17 October 2024 at 12:28PM
    Ok ill try and explain.

    2022-2023 (jan) Aviva
    Jan 2023-2024 Aviva zero.

    Accident June 2023, registered by Aviva, not Aviva zero. Wrong insurer.

    The two department was aviva zero customer service and aviva zero claims. I later got a call from them saying all good. 

    I declared my accident with my current insurer so lt's good on that front.

    I haven't got a clue how this has happened but it was Aviva (who knows which one) who passed my details to the solicitors) im just unsure how i sort this mess out without landing in the poo 🤣
  • DullGreyGuy
    DullGreyGuy Posts: 17,597 Forumite
    10,000 Posts Second Anniversary Name Dropper
    And who is the third party insurer?

    Aviva and Aviva Zero are both Aviva Insurance Limited, it's just a trading style. Can't say if they use the same or different systems, if the teams are separate or not etc. Would be a little surprised if they did. Back in my claims days (not with Aviva) we dealt with multiple brands and when we sent a letter/email the system just automatically attached the right branding based on the policy you were logged into at the time. 

    Ultimately they need to work out what's gone wrong, hopefully they still have the recording from the original phone call to listen in and try and peice it together.
  • jblakes
    jblakes Posts: 184 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    I'm confused, i am unsure which third party insurer you are asking for?
  • DullGreyGuy
    DullGreyGuy Posts: 17,597 Forumite
    10,000 Posts Second Anniversary Name Dropper
    jblakes said:
    I'm confused, i am unsure which third party insurer you are asking for?
    The insurer of the person that you had the accident with... you are the first party, your insures are the second party, anyone else involved in the accident is a third party and anyone representing them is the third party insurer or third party solicitor etc (we're lazy and drop the 's that should really be there ie third party's insurer)
  • jblakes
    jblakes Posts: 184 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    no clue tbh, all done through the solicitors 
  • cw8825
    cw8825 Posts: 559 Forumite
    500 Posts First Anniversary Photogenic Name Dropper
    have you contacted the solicitors?
    go back through your agreement with them, its likely any fees would be in what you have signed
    To withdraw from the agreement now may leave you liable for those fees
  • jblakes
    jblakes Posts: 184 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    ok found out it was accident helpline from the solicitors. So how what do i do? 

    But my solicitors know my insurer were Aviva, what to do know?
  • DullGreyGuy
    DullGreyGuy Posts: 17,597 Forumite
    10,000 Posts Second Anniversary Name Dropper
    jblakes said:
    ok found out it was accident helpline from the solicitors. So how what do i do? 

    But my solicitors know my insurer were Aviva, what to do know?
    Thats not the name of an insurer... was more wondering if potentially Aviva was also the insurer of the third party and when you contacted them they responded not as your insurers but as the insurers of the third party. 

    Ultimately you need to speak to Aviva and put in a complaint that they've instructed solicitors on a contingent funding basis rather than under your legal expenses insurance and as a consequence there is a success fee being applied to the settlement.
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