Help with car insurance claim.

[penelopepitstop1234]

Hi all. I've name changed as this is a bit outing.

I was in a no fault accident just over two weeks ago. I'm slightly injured and the car has been deemed a total loss.

The insurance company - Hastings, have been awful. They won't provide me with a hire car, at first they said this was because it wasn't covered by my policy, then because I didn't take the other drivers name - he was shouting at me and my baby was screaming so I just took his plates and left - then I was told it's just a lottery who gets a replacement hire car or not. I have raised a complaint about this as I feel it's not fair and all customers should be treated the same.

Anyway after two weeks of waiting with no drivable car they told me the cars a total loss and offered me a sum which I agreed. Then 5 days later they tell me that they I may not get anything as I didn't declare an accident I had previously when I took out the policy.

I've never had an accident before. My dh was a named driver on my policy a couple of years ago and he was in a no fault accident. Hastings have said I should have declared that.

That accident was declared on dh insurance. He is no longer named on my policy so I didn't declare on mine. Plus I've checked and the question on the application says have YOU been in an accident or made a claim. I haven't my dh has.

The case is now with the underwriter. I've wracked with worry that I'll get nothing for my car now. Is this right? Should I have declared dh accident.

I don't know what I'll do if they don't pay out. My DS is disabled and I need to be able to drive for him but he's too young to get a motobility car. I can't get a loan as I'm only in receipt of carers allowence. I'm just so panicked. It's been nearly three weeks now and I've had to cancel a physiotherapist session and an important hospital study for DS because I can't get there.

Anyone?

scum bags.
can you ask for your car back?

They're all total shits to be honest. It once took me 2 years to get a nofault sorted simply because the other driver refused to answer any correspondence.

I think you've probably got decent cause to stand your ground on the previous accident - in that if you changed the policy and it only asked about your driving. however, if youve removed your husband as a named driver but kept the same policy - they may be technically correct as he should have reported the accident to both insurers for them to apportion collective responsibility between them.

Keep at them, keep a record of what they say they are doing, specifically ask them to push for 100% no fault if the other driver offers no defence / contact.

I had a similar problem with Hastings over not declaring a previous No Fault accident. But... they offered you a settlement and you accepted. Write a formal complaint about them withdrawing that as I should have thought that constituted a formal agreement and acceptance of liability on their part. And if that's not dealt with satisfactorily, write to the Insurance Ombudsman. Make sure you mention the disability and significant problems you've incurred since.

Meanwhile, double check that you definitely can't get a motability car for your DS. I know people who have one and their DS gets DLA, so are under 16. So you may have been misinformed on that.

can you ask for your car back?

I've still got the car but I don't want to drive it incase it's not safe but I can't afford to take to a mechanic - especially not if the insurance company end up taking the car away anyway. So I'm in limbo at the mo.

in that if you changed the policy and it only asked about your driving. however, if youve removed your husband as a named driver but kept the same policy - they may be technically correct

This is a completely new policy and different car. My dh has never been on this policy and can't be because it's a manual and he has auto only licences.

This is my point. That accident had nothing to do with me or my car and dh is not on my new/current policy so why would I declare it. They say I made the claim because it was my policy. But I didn't dh made the claim.

they offered you a settlement and you accepted.

That's a good point. They said the money would be in my account in 3-5 days, it was to me a done deal.

Re motobility: you can only get the mobility element of DLA once the child is 3 years old. Ds is only 2 but he will definitely get it as he can't walk and won't be anytime soon and is on oxygen.

I did a quick google. Seems like they have lots of complaints about them. Write to them quoting some of this and copying in the ombudsman. It might get you somewhere.

www.whatdotheyknow.com/request/complaints_re_hastings_direct_te

My dh just renewed his insurance and said Hastings got the lowest ratings. I'm never insuring with them again. My house insurance has been with them for years too but I'll never renew with them now. They have been awful through this whole process. I'm told misinformation, conflicting information they have no compassion for my situation and I'm pretty sure they're not following the correct complaints process. I've asked for my fos referral rights but I've still not had anything.