You are all probably heartily sick of this, but I need what is hopefully the last piece of advice on this. (For those who really want to know all the details, look for a thread called accident questions)
I have asked the other parties insurer for a signed statement saying my payment will be in full and final settlement. What they have sent is not actually signed by either them or their insured, but does confirm that the sums in question will be in full and final settlement of their and their insured's claim. Is this enough to be sure there is no chance of any come-back? I would have preferred to see some signatures, but if this is enough then I'm happy.
One slight problem is that despite me informing them several times that I am not prepared to pay the full amount of uninsured losses (which is really excessive) they do not appear to have passed this on to their insured, nor passed on my request to name a sum she finds acceptable. Should I write back making an offer, or send a cheque to the value of my offer, stating that if either cheque is cashed then I will take that to be acceptance of the offer?
And finally, any suggestions on how I go about getting an answer from my insurer as to why they have not got involved and have ignored all my letters and calls relating to this incident?
TIA for any help.
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>>What they have sent is not actually signed by either them ortheir insured,
Without seeing it, its difficult to say. However, it is in Full and Final settlement of the claim from the Insurance Company - not the other person involved.
They are not legally able to say that it is in full settlement of their insured's claim - at least not without getting themselves sued if they spoil her chances of suing you.
One slight problem is that despite me informing them several times that I am not prepared to pay the full amount of uninsured losses (which is really excessive)
Think about that. "uninsured losses". I.E losses not insured, i.e. losses of no interest whatsoever to the insurance company whether or not you pay them.
Unless you are not dealing with her insurance company but rather with some uninsured loss recovery company - which doesn't sound likely although a couple of the details you mention are confusing.
You have to deal directly with her. You need her to tell you what they are, you can then make an offer, and then you can see whether or not she tries to sue you. If her losses are truly unreasonable she will probably lose.
And finally, any suggestions on how I go about getting an answer from my insurer as to why they have not got involved and have ignored all my letters and calls relating to this incident?
No. You need to call them and find out.
Please sort this out, I don't think I can stand any more.
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The letter actually says "...we will accept the sum of x in full and final settlement of our claim and the sum of y in full and final settlement of our insured's claim."
I am dealing direct with her insurer, Direct Line. They have been answering points to do with her uninsured losses so far, although I do see your point that this is unusual. They seem prepared to deal on her behalf. I'm reluctant to deal with her direct - as you may remember she works at the same place as I do, and I can see this getting messy - after all, whether or not she was justified in accruing those expenses, she won't be happy not to get them back in full...
As for calling my insurer to find out, I have tried this and get told they will have to call me back, but that call never comes. Is there any way I can find out the details of a director or similar so I can direct my complaints to someone higher up? I'm certainly going to have nothing more to do with them once my current policy expires, but I'm worried that all I seem to have got for my money is a piece of paper...
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From what you say, I suspect you do not even exist on your Insurers system and are probably NOT insured with them AS FAR AS THEY are concerned.
This is not unknown. It can take a simple clerical input error for this to happen. A few years ago my Insurer (one of the biggest in the country) had a software glitch that mismatched names with addresses from another database. I kept getting letters addressed to someone else and it took months for them to figure out what was going wrong.
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This sounds ominous - what are the implications? Am I technically driving uninsured? Although, that said, they changed me from the Tipo to the Yaris easily enough, so must have some details of a policy? I've not had confirmation, but I believe that when the returned my letter saying they did not recognise the policy, I believe they were looking for my new car rather than the old one which was involved in the incident.
Still, whether they think I am insured or not, they could at least return my calls and reply to my letters, even if it is just to say at much?
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Well in the case I refer to, there was a catch22 situation. Everytime they sent me a letter addressed tome with the other person's insurance details, I phoned them and told them that person did not live here and it was not my policy and it was not my car. They would reply "we cannot change the details unless that party contacts us". When pressed why they would not make attempts to get in touch with the other party, they would say "we will write to that party" and when asked at which address, of course, it would be to my address!!
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I had a problem with a particular insurance company that was basically due to a real foul up in their computer system.
In the end they gave a hand typed certificate of insurance. They eventually agreed the car was on cover but could not change the address in the computer.
If you want to compare notes as to who it was off site please. drop a mail. might not be that quick an answer this weekend though, other fish to fry and Toads to tackle!
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i am in a hurry so will cut out on niceties. Regarding your question on how to get any response from your Insurer:
Either your insurer is incompetent or ??
Usually the first port of call is "RTFM" or in this case "RTF Policy". (But do I recall correctly you did not do that in the first place after your accident!) In the policy document there should be details of the procedure to follow in case of complaints.
As you are capable of (and seem to prefer) using the internet, if you type in " car insurance complaints ombudsman " in google.co.uk , you will get many links that will tell you what to do.
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Thanks - there appear to be a lot of things to read to, and from what I have read so far, no single body to complain to. I'll have to read up thoroughly when I'm not so tired. I had been hoping there was a single body, but it doesn't seem as easy as that... :s
As for reading my policy document, as I've said a few times before, I don't actually have one. I should have realised this sooner and tried to get one, but I have requested one in light of this incident and again this request has been ignored by my insurer. The more I think about it, the more alarm bells ring...
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I'll bet they don't ignore you when renewal time comes round and you ignore their request for money...
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They were quick enough to take 70-odd quid off me to change from the Tipo to the Yaris when most other companies I got quotes from wanted less to insure a Yaris than a Tipo...
I only hope I can move easily without any problems of proving NCD etc. I'd better not name and shame though, as I might get slapped wrists from Mark. (And, it *may* just be a one-off...)
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Try contacting the Financial Ombudsman (The Insurance Ombudsman no longer exists)
www.financial-ombudsman.org.uk/faq/index.htm
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