My partner's car was hit by a HGV two years ago - why is our claim taking so long to process?

My partner had an accident with a German registered HGV in October 2015. My insurers, AXA, were given written statements and photographs at the time denying liability and empathised that the collision was caused by the HGV entering her lane. Our vehicle was promptly repaired and, a month later, on renewal I lost three years no claims and consequent increase in my premiums. Obviously would like these back. It has now been two years and after several requests for progress reports, they state that they have had to appoint a new agent in the central bureau as their previous contract had expired. In your experience, do cases involving drivers from Europe take so long?

Asked on 16 October 2017 by Cresswell

Answered by Tim Kelly
In short, no. They should not take anywhere near that long. Raise a complaint with the insurer, then contract the Financial Ombudsmen Service and raise a complaint. The at fault insurer, if operating in the EU, should have an appointed representative in this country as well as their own. See article 23 of this document, relating to insurance against civil liability in respect of the use of motor vehicles, and the enforcement of the obligation to insure against such liability: eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CE...N

This outline's your entitlements and how to claim, if the claim has not been forthcoming. Then your insurer should be contacting the third party member state Motor Insurance Bureau. It sounds like your insurer is being lazy. Do a subject access data request on them, requesting all correspondence from your file with the "third party enquiries and correspondence". You may then find out where they are up to, or not as the case may well be.
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