Insurer hiding behind GDPR

[Confusedaboutcarinsurance]

Just wondering if anyone can help with this.

My DH has recently complained to his car insurance as, more than a year after making a minor claim, they settled it 50/50 without telling him. So he has lost 17 years NCB. He was stationary when a car hit him (I was there at the time so know). This came completely out of the blue - he was not aware that the other party had disputed liability, and had renewed with his insurer on the basis of it being non fault (which is what they said in their renewal letter) about 5 months ago so assumed all sorted.

My DH rang his insurer and on the phone they admitted that they forgot to collect CCTV (supermarket car park) and said that the other party claimed my DH was reversing hence the 50/50 (which makes no sense anyway as my DH car was damaged at the front). They also said the file was very bare with no photos of the other party's van or other evidence.

However having formally complained in writing they are now hiding behind GDPR as the reason they 1) can't confirm what the other party version of events was or provide any further detail which we could potentially challenge and 2) can't confirm what (if any) evidence they collected when assessing the claim and why they didn't collect photos etc. Just said that based on evidence available solicitors agreed 50/50 split.

Does GDPR really let insurers do this as how can someone defend / challenge a claim if they don't even know what the other party has said?

Ask for their complaints procedure. They have to give it to you. Lodge a complaint. Keep escalating it until it gets to the regulator, which I think in the UK is the Financial Conduct Authority. Make sure everything is in writing.

If they're trying to pull a fast one they will have to explain themselves to their regulator.

No, as a data protection lawyer I can tell you the GDPR has nothing to do with this. What absolute rubbish! The GDPR only protects personal data. They could disclose to you everything you mention above while omitting the name and other personal details of the other driver (which seems to me to be the only personal data here). I would definitely complain.

Agree you need to make a formal complaint (their argument about GDPR is rubbish). You might need to escalate to the Financial Ombudsman (FOS) which can take some time. But hopefully a formal complaint will get them to see sense!

That's terrible! I'd be livid.

Surely your DH sent in all the evidence he had - photos of the damage in particular. If the other driver was claiming that your DH reversed into him, then the photos would show this not to have been the case. You don’t actually need to know what the other driver said, this would not change your DHs report and photos?

Subject access request everything. And ask for a review as they'll have missed something.
Perhaps you need to tell them you know the personal details of the person involved so it's not breaching anything.

Timeline every contact with them including each time you reference this other person.

Thanks very much everyone for comments and advice. The customer services agent on the phone was happy to share brief details of what was on the file re the other party version of events and acknowledge failings in the 'investigation' such as not following up on CCTV or collecting photos of the damage to the van, but its once the complaint was put in writing as a formal complaint that they came back with the GDPR excuse. My DH said he was happy for any personal data etc to be removed but still wanted to know what was alleged including because settling 50/50 on the basis of what he was told is in the file (ie that he was reversing) makes no sense based on photos of damage he shared. They came back again and said no due to GDPR and they won't explain why it was settled 50/50 apart from 'based on evidence' which they wont share or tell him anything about 'due to GDPR'. This is also the end of their complaints procedure apparently. We absolutely think they are just using it as an excuse to cover up not investigating the original claim properly. With various other personal (including pregnancy) stuff going on at the moment DH isnt sure he has the energy to enter a long drawn out complaints process by taking it further. Feels rubbish to think of them getting away with it though and agree that a SAR and complaint to the regulator is the next step if we do decide to fight.