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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I recently had a car accident of which my insurers paid out

Customer Question

I recently had a car accident of which my insurers paid out £855 to the other party and I footed the bill to repair my own vehicle. My insurers have taken 6years out 9years no claims bonus leaving me with 3 years which cannot be protected!!

I believe they haven't even looked at facts i.e. my age, how long I've been driving, where I live, where my car is parked overnight etc etc!

Can I dispute this and if so who too?
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

Which is the insurer involved please?

JACUSTOMER-y4au3gij- :

My current insurers are Aviva

JACUSTOMER-y4au3gij- :

My current insurers is Aviva - the brokers are Swinton

Joshua :

Thanks. If you could bear with me whilst I investigate...

JACUSTOMER-y4au3gij- :

ok - just so you know I'm 43 years old and have taken insurance with Aviva for over 3 years and have never had an accident!

Joshua :

Sorry for the delay. Unfortunately they do not seem to publish their policy terms readily online. I am continuing to look...

Joshua :

Unfortunately it seems Aviva keep their policies behind "locked doors" for existing customers rather than for general viewing. May I outline the process to follow to resolve the matter?

JACUSTOMER-y4au3gij- : Yes please..
Joshua :

Thank you. all current insurance insurers are required to publish and provide to you before and after you take out your car insurance policy, a copy of their insurance policy which must include details of how they treat your no claims bonus in the event of a claim. Some insurers publishers on their website such as the example below (page 16 of the below link) but unhelpfully your car insurer does not seem to do so, at least not that I can find. Nevertheless, as an existing customer, you can request a copy of your policy if you do not already have it and in particular a copy of their declared scale for treatment of no claims bonus
http://www.swiftcover.com/CarInsurance/policy-wording/1_1_74_CarPolicyWording.pdf

Joshua :

once you have a copy of this, you can compare the scale to their treatment of your claim. If they have treated your claim quickly to their declared scale, there is an immediate ground for a complaint on the basis that they have failed to follow their own policy. if they have treated your claim in accordance with their declared scale, then there may still be a ground for a complaint if you consider that their declared scale is unduly unreasonable. you could refer to the above link for a typical scale that is applied in the industry.

Joshua :

in either event, you can raise a formal complaint with the insurer and if you are not satisfied with the response, you can refer your complaint to the financial ombudsman who is able to independently determine your complaint and in the event that they find in your favour, is able to award compensation and order the insurer to act in accordance with what of the determination we arrive at

Joshua :

...whatever determination they arrive at

Joshua :

http://www.financial-ombudsman.org.uk/consumer/complaints.htm

Joshua :

Is there anything above I can clarify for you?

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