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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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My daughter was been contacted by her car insurers by telephone

Resolved Question:

My daughter was been contacted by her car insurers by telephone on 20th May, 2014 to say that her car had been involved in an alleged incident in Aylesbury on 28th February, 2014. My daughter is a nurse and had completed two consecutive night shifts consisting of 12.30 hours finishing on the morning of 28th February, 2014 at 8.00 am whereby she went straight home to bed for around 6 or 7 hours. Therefore she was not able to be anywhere near this incident and until she looked at a road atlas did not know where it was. My daughter lives in Grimsby which in our reckoning is approximately 170 miles away. Where do we go for advice as the insurance company is bombarding us with telephone calls and not supplying us with any written information when asked to do so?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

If she denies it can she prove she was not in the area please?

Customer:

She can prove she was at work on those two night shifts and we as a family can verify that she sat and ate a meal with us at around 6.00 pm on that evening and then spent the evening with us watching television, etc. It would not have been possible for her to have travelled that distance as when she finishes a series of two or more night shifts in a row she is so tired she can hardly keep her eyes open.

Alex Watts :

Has she provided that evidence yet?

Customer:

Not in paper form no but she has informed them as such, they are requesting an inspection of her car to check it has not had a crash but they are not giving any information as to who will do this inspection and where. As she needs her car to get to work it will be impossible for anyone to have it for a period of time and we are reluctant to let a complete stranger alone with it but we are quite happy for it to be inspected at a local garage preferably where she takes it for its MOT and other general repairs.

Alex Watts :

An inspection is normal. She can't have it sent to her local garage - they will send one of their own loss adjusters out.

Alex Watts :

She does not need to let the stranger into the house, but he can do it outside. Does she ever allow gas/electricity people in to read the meter? If so there is no difference.

Alex Watts :

IT is quite normal and the engineer will have ID with him

Alex Watts :

If she is frightened about having someone inspect her car then it can be done in a public place.

Alex Watts :

Not necessarily the garage she chooses or the time she wants

Alex Watts :

But she can arrange to have it done in public where there are other people around if she fears for her safety by having the car looked at

Alex Watts :

They will send an engineer and arrange a time and place

Alex Watts :

If she works I am sure they work it around that on a day off

Alex Watts :

But if a claim has been made she has a duty to co-operate with the insurers otherwise they can void the policy

Alex Watts :

But if there is no evidence of impact damage then there will be no claim

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

She has fully co-operated with the insurance company they are not cooperating with her when she has asked for written and photographic evidence nothing has appeared and they insist on using the telephone and not writing which is costing us time and money which we feel aggrieved about. My daughter feels penalised for something that is not her fault and cannot understand why it took so long for them to get in touch with her in the first place we understood the law to be that an accident had to be reported to the Police and the insurers within 24 hours as stated by the Road Traffic Act of 1988, is that not so anymore?

Alex Watts :

You have to separate criminal and civil matters.

Alex Watts :

Criminal an accident should be reported within 24 hours

Alex Watts :

As for civil, it depends on the policy terms and conditions. But a third party has 3 years to make a claim against someone

Alex Watts :

She should write to them and ask that everything is put in writing

Alex Watts :

If she is unhappy with their service she can complain to the Ombudsman who offer a free, independent service at: www.financial-ombudsman.org.uk

Alex Watts :

Does that help?

Customer:

She has asked them to put everything in writing on all the occasions she has spoken to them but they do not seem to want to listen. Thank you

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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