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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To assume that if I report a car accident to my insurer, they will contact the other side?

10 replies

Catsize · 13/02/2015 08:26

Three weeks ago, a car drove at me, I managed to swerve and in the end only the wing mirror was bashed.
It was as though the other car hadn't seen me, drifting onto my side of the road (query on phone/alcohol).
There was an exchange of texts to the effect that the other driver's mechanic friend would sort it at no cost to me.
Other driver then said he couldn't afford this so I should claim on insurance.
So, on 23/1 I phoned the insurance company (very well-known, lots of national ad campaigns etc.).
Without hearing anything of the circumstances, I was told that because it was a clash of wing mirrors, it would be settled 50:50. I said I couldn't agree to this.
I was told they would contact the other insurer and if I hadn't heard anything in a few days to contact them again.
I then had a generic 'we are looking into things letter'.
Yesterday, I phoned to see what was going on.
I was told there is no case ownership and unless a policy holder phones to chase a claim, nothing is actually done - no call to the other insurer, nothing.
This is despite me on call number one being assured they would get a response from the other side for me to make a decision whether to use the no doubt totally rip off garage affiliated with the insurer.
In call 2, again I was told it would be 50:50 (despite me having texts where he says he will pay etc.) and was told I could take it to court myself if
I wasn't happy with that but the insurer wouldn't.
Sorry this is long, but apart from anything else, I wanted others to be aware!

OP posts:
laughingmyarseoff · 13/02/2015 15:29

YANBU OP, who are your insurance company? I'd report this and ask it moved to legal, you might get some advice?

I'd also consider leaving them and making it clear via social media that you aren't impressed with this. When I had an accident my insurance company (then Tesco) did all the running around for me.

Catsize · 13/02/2015 19:51

Thank you laughing. Funnily enough, someone suggested Twitter today. The chap I spoke to at the insurer yesterday phoned this afternoon and told me that he had now contacted the other side and had to give them two weeks to respond, after which I should ring up and chase again.
He said that the systems are in the process of changing and after four months or so, there should be a better system in place. Hmm

OP posts:
CrazyBaubles · 13/02/2015 23:51

That is shocking. I work for a big car insurance firm - if you reported that to me I would probably have to agree that we would need either the other insurance to admit liability OR some proof that you're not at fault - a copy of the text messages would show this.

You shouldn't have to chase them - and the system stuff is nonsense. You pay a lot of money for insurance and they should be giving you their monies worth. If it was the company I work for i would def want to know. And I agree, reputation means a lot so name and shame if they don't step up!!

Catsize · 14/02/2015 08:09

Thank you crazy.
I also had to repeatedly tell him that the witness statements of people in a car are not 'inadmissible' in court but a judge assesses the independence or otherwise of a witness when deciding what weight to attach to that witnesses' evidence. The lady I had spoken to originally told me the same thing. Totally wrong information.
Crazy, I am guessing you don't work for Churchill...

OP posts:
laughingmyarseoff · 14/02/2015 08:28

Catsize, I would probably go one step further and make it clear you will report them to the Ombudsmon, I'm sure that someone in legal will probably be able to advise the best way to go about this but you are paying them and effectively receiving little service in response.

Witness statements are admissible, I was a witness from my friend when she was hit by a car.

Catsize · 21/02/2015 22:50

Small update. Churchill have written me an annoying letter saying that 'the third party continues to hold [me] fully responsible for the accident'.
Not only is this wrong in that they hadn't bothered contacting the other side to ascertain their account until recently, but it is just, erm, wrong. The other driver did not hold me responsible and was going to pay. Only said to go through the insurer as, in the end, he could not afford the repair his mate ws going to do.
Very annoying. I will give the other driver the benefit of the doubt and suggest that he was honest with his insurer who probably said 'deny liability, go 50:50 and it will settle'. Erm, no it won't.
I will contact the other driver and the insurer tomorrow when I am feeling less grumpy.
I cannot settle 50:50 when. I saw the other driver going onto the wrong side of the road like he hadn't seen me, and I am still jittery about passing other cars sometimes a month later on anything other than a normal wide road (which, funnily enough, this was!)
I mentioned my son was suffering from travel anxiety after the accident when I first rang them, but Churchill don't seem to care about that. I didn't mention I was, but I guess I am.
Ombudsman me thinks.
Cannot believe they propose to settle this without my consent.
And no, they do not appear to have consulted a lawyer (which their Ts and Cs say they will) before proposing this.
Grump over. Sorry. Smile

OP posts:
thenightsky · 21/02/2015 23:28

I have three cars coming for insurance renewal.

Churchill is going to be off the radar for me after reading this!

laughingmyarseoff · 22/02/2015 12:22

Same here thenightsky.

OP don't contact the other party because it's down to your company now to fight. I would ask for a managers email address, put everything in writing and make it clear you want the Ombudsmans details.

Maybe report this post and get it moved to legal? They'll have better advice on how to really get your company to do what you are paying them for!

TheFecklessFairy · 22/02/2015 12:50

It is your word against theirs.........therefore 50/50 or knock for knock. They will not move on this, quite rightly.

I have to say it would have been cheaper, if not morally so, to just have replaced the wing mirror yourself.

laughingmyarseoff · 22/02/2015 13:26

Op do you not still have texts from the other driver admitting they were in the wrong and offering to sort on the side?

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