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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10092
Experience:  30 years as a practising solicitor.
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I had an accident 2 or 3 years ago. An insurance company disclosed

Customer Question

I had an accident 2 or 3 years ago. An insurance company disclosed my information to third party without my consent. This insurance company said an employee sent my data to third party without their consent but no financial nor medical data has been disclosed.
Is it worth pursuing for damages for emotional distress and harassment that I get over the phone with regards XXXXX XXXXX injury lawyers and other letter that is was with regards XXXXX XXXXX previous car which was already written off a year ago.
Is there any liability that the insurance company could face even if they don't know the employee shared my information(who was immediately get sacked and is under investigation and could face prosecution according to the insurance company)
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.

What information was disclosed to whom and was it electronically or by phone or otherwise?
Customer: replied 2 years ago.

They categorically denied that the employee didn't share any financial nor medical data but didn't specify others. I would assume a contact number or email address or address has been disclosed due to inconvenience I am receiving in this contact methods. Other than that, they didn't specify anything further as there is still an ongoing investigation by the police and other authorities involved.

Expert:  JGM replied 2 years ago.
Having dealt with accident claim clients for many years I can tell you that it is almost the norm that they are contacted by claim companies, car hire companies etc with offers of assistance.

I don't think its worth your while taking action yourself. If the police and Information Commissioner are involved you are better to see the outcome of those investigations.
Customer: replied 2 years ago.

Then my follow up question is


a) why are they apologetic about the situation?


b) I am the one at fault on the collision and there is no need to disclose my information because I don't need an injury lawyer. Therefore, the disclosure to third party was a bit in question in my opinion.


c) They are no longer my car insurance company. Its at the late quarter of 2011 that I was involved. Is that still a normal practice to disclose it now? Employee is just border on malicious, tethering on fraud, in my opinion. This has caused me anxiety as my dad as well received telephone calls which he don't normally get about car accidents 2-3 years ago.


I don't believe they should get away with the inconvenience the insurance company have caused me. Now, if your opinion still stays the same, then I won't pursue this matter.

Expert:  JGM replied 2 years ago.
a. They are apologetic presumably because they know their employee has acted incorrectly.

b. Noted.

c. I have no idea why this should come up now.

Perhaps, at the very least to get more information you yourself should submit a complaint to the financial ombudsman who would get information from the insurance company. I do not recommend court proceedings however as you don't have enough information and you would have to finance the proceedings yourself in any event as well as the fact that quantifying your claim would be a difficult exercise.

The ombudsman is at http://financial-ombudsman.org.uk

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