Travel insurance claim rejected

drew32323232

Hi…

My suitcase went missing on a train journey back from the airport. It was too late to report in on arrival in the station, as it was gone midnight, and no staff were there.

I went back the next day, and was told to call British Transport Police. They told me they could investigate, but A) there was likely no CCTV on this particular train (a replacement) and B) without knowing which station the thief got off at, it would be unlikely that it could go much further. In the interim, I discovered I was not insured, as my policy meant I was a day outside the 30 day limit. So there wasn't any point in pursuing the police report.

I then discovered in my diary notes of a call with this insurer before I bought the policy. I wrote that I was covered for the full duration of my holiday.

It took me four months pursuing a subject access request with this company (they initially told me"GO AWAY") before getting the call recording. Sure enough, they misinformed me that I would be covered, before I bought the policy. A clear cut case of negligent misrepresentation.

After complaining, they eventually came back, offered me a £20 Amazon gift card for the serious DPA breaches, and said they would now extend the cover for my holiday to 31 days, therefore "returning me to the place I would be in anyway." They told me to make a claim. This is after I told them I had not obtained a police number as I was covered under any existing insurance policy and there was therefore no reason to do so.

Told them I would get the report but it would be made months after the incident, and I wanted to ensure they would not turn me down. They would not answer repeated requests for an answer, only vaguely mentioning an "ex-gratia payment" like a carrot on a stick.

They then told me I was too late to accept their offer and it was withdrawn.

I then demanded to know where they had given me any deadline.

They relented on the above, giving me a strict 4 week period to put in a claim. Still no answer re: the police report.

Got the police report, and, despite speaking to four separate members of staff who told me my claim would be turned down automatically, and because a manager at the underwriters said "we encourage you to put in a claim regardless", I did so, sending receipts, etc.

Now they have responded, to tell me that my claim is rejected as I have not sent a police report obtained in the 7 days following the theft.

I am at my wits end. The claim is for approx. £2,000.

I am also hellishly annoyed with the disgusting staff at this company. thoughts?

I have made it clear that I did not accept their offered solution instead of my rights to go to the ombudsman or take legal action, despite their trying to tell me that I have now accepted their offer and can no longer pursue elsewhere as a result.

Woodstok2000

How long was the gap between the train journey and you finding your notes and contacting the insurer?

drew32323232

three or four days

Woodstok2000

Check your policy terms again, most policies require theft to be reported within 24 hours, so that may scupper your claim.

If it is 7 days, formal complaint and then once you have a final response, or after 8 weeks, go to the FOS.

£2000 is a lot for one bag so Make sure you have receipts where available, and check the overall and single item limits so you know what you can and can't claim for. Also be prepared to explain how the bag got stolen in a way that covers you under the policy. For example if you left the bag in a luggage rack at the end of a carriage, or left it unattended at any point, they're going to use that to avoid a payout.

dnpark38

£2000 that's a lot of money.

Anyway if the OP has Home Contents insurance will he be able to claim from them for goods removed section?