Car Insurance Claim Nightmare

The web site of the insurers should have a page on how to register a complaint. Often registering a complaint will nudge progress. The Saturday job shouldn't be a factor in the claim. The basis of the complaint should be simply that the insurers are failing to progress the issue and the delay is causing unnecessary and avoidable hardship.

Good luck.

Oraclepam wrote: »

Thank you Quentin. I did think about this but how can I cancel the claim with her insurer when they have had the car for nearly 3 weeks. We don't even know where it is and they wont tell us if it has even been looked at. I did initially contact the 3rd party but they were so slow and unhelpful and didn't even send out paperwork to the 3rd party for days (as we later found out) and we needed to get the car removed from the accident site. Initially our insurer were great and arranged immediate recovery. Since then they have not even called me. We are doing all the work. Also, the 3rd party admitted responsibility at the scene but is back tracking now even though we have an independent witness. It is such a nightmare and I fear it could ruin us financially.

I do not wish to engage with arguments with other posters and you are free to accept whatever advice you wish, but it is imho not the best approach to consider cancelling your claim now and making a belated claim on the third party.

For a start, you do need the get the existing cover clarfied either way and if you do not resolve this with your insurer now, you will not know whether there is cover for your daughter or not. Presumably you want to konw so that she doesn't drive whilst uninsured. It is most unlikely thay cover will be refused simply because she has a Saturday job even more so as the accident wasn't related to travel to that job as she wasn't using the carfor that journey. Refusing cover would be unfair.

Secondly, you do not know whether the third parties insurers will pay out because - apart from general uncertainty with all claims the third-party technically probably invalidated their insurance by admitting liability and in effect accepting liability on behalf of their insurers without their authority. It is an express clause in most policies that policy holders must not admit liability for causing an accident.

As I said, do as you wish but simply complaining at this stage may clear the both the current issue up and the unresolved issue as to whether she is covered on not in a few days. It also avoids the risk of cancelling your existing claim on the presumption things will go smoothly with the other party's insurers only which you do not yet know for certain. A complaint may trigger a resolution in a feqw days, and if it doesn't then you can consider other alternatives.

Good luck.

Quentin wrote: »

Unless this incident took place earlier than 2013 then there's no question a claim against the the third party be deemed "belated'. You have 6 years to claim for damage.

Whether or not the other side's roadside admission has any effect on their policy is irrelevant to the innocent party!

(The insurer would pay out if liable! Any problems regarding the roadside admission is between the third party insurer and their policyholder)

The issue regarding whether or not the OPs daughter has cover or not is separate to this claim being settled by the liable third party - and if it is resolved as being the worst case scenario would have no affect the claim being dealt with by the responsible third party insurer

And if an AMC will take this on, then things would start moving immediately!

I used the word "belated" because the main complaint of the OP is that it has so far taken three weeks and that hardship is being caused, and your suggestions doesn't sound like a way of speeding the process up. Quite the reverse. My suggestion should expose any problems with the claim fairly quickly.

If the OP follows your advice they could find themselves several weeks or months down the line with risking a claim turned down by the TP insurers for whatever reason they might choose; a cancelled claim with her own insurers and a bill for the repair to her car and a garage looking for someone to pay storage charges that her insurers have been told they are off the hook for - and she will still not know whether her daughter has insurance.

You say that the TP's admission is irrelevant, but that is only true if the TP or the insurer pays up but if not then if the OP wishes to go to court if the insurers and insured continue to be uncooperative.

A complaint normally nudges an almost immedicate and prompt review of the file and a phone call within a few days to discuss resolution in order to avoid formal onward expesnive conplaint.

I'm sure if the OP prefers your advice they will take it and either way they have my good wishes.