Car accident/insurance.

Just got a letter saying that they now will not indemnify me and have proceeded with 3rd party's claim in full. I was never notifed that he was claiming or anything. Cant get them on the phone as its Friday....

Surely this aint right? Anyone else had this? Surely they'll have to prove I didnt comply?
nottyash's advice is sound, I have dealt with the financial ombudsman before on a bank problem and found them very helpful, not the fastest but they get there eventually
Hi there,

Having worked in Car Insurance for the last 7 years I should be able to give you a definitive answer.

Basically if you read the Terms and Conditions of your insurance policy there will be a paragraph somewhere that states you give them Subrogated rights to deal with any claims on your behalf. This basically means that they could make any decisions without ever asking you or seeking your approval.

However this is not the end as they need to be able to prove that they have done everything to contact you or obtain details of the accident circumstances. The best way to help your case would be to go through your past phone records and highlight when you have called them to report it and respond to any letters they have sent you. If you can prove you reported the accident over the telephone I would have thought this would be sufficient for them to deal with the claim in your best interests.

In respect of liability (who was at fault) I think you may be struggling a bit. Basically at the moment I would imagine he has told his insurers that you simply ran into the back of him. I appreciate what you are saying happened however you would need independent witnesses to prove he cut in front of you thus reducing your braking distance. Without witnesses the insurers would have to settle in full anyway. I shouldn't recommend it but the only option you have is to ask someone you know to "pretend" they were in a car following and that they DON'T know you but they saw everything and would be willing to sign a document backing up your version of events. You can say that if they had contacted you after you reported the accident on the phone you would have given their details willingly.

If after everything you are not happy with what your insurance company is saying (you must have already made a complaint to them) then you can complain further to the FSA (Financial Services Authority)/Ombudsman stating your case in full along with any evidence you have. If you go down this route I would suggest stating that "you don't feel as a customer that you have been treated fairly". TCF (Treating Customers Fairly) is the current buzz word for insurance complaints. Also the threat of going to the FSA/Ombudsman may get your No Claims Bonus reinstated as whether your claim is successful or not it will cost the insurance company 500 quid.

I hope this helps however if you need any further questions answered or need any other advise please PM me and I will answer as best I can.


Note that FOS won't deal with your complaint until you have exhausted the insurer's own complaints procedure. The details will be on your policy docs.

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