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UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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In November 2013 my son was driving on a road he didnt know.

Customer Question

In November 2013 my son was driving on a road he didn't know. He found himself (by mistake) on the outside lane of a roundabout, indicated that he wished to continue to the next exit and continued with care. A car from the inside lane cut in front of him and, in spite of my son swerving to avoid maximum damage, caught the front wing of my vehicle. Photographs taken by my son were provided when I made my claim to my insurance company.
A police inspector arrived on the scene shortly after the incident - he was completing another task but invited both drivers to remain until another squad arrived. The 2 drivers exchanged details and the other party drove off without waiting. The same police inspector returned shortly after and left his contact details with my son, telling him that he would offer any assistance which may be necessary. Apart from my daughter-in- law (passenger) no other witnesses were present.
My insurance company has given 100% fault to my son. The other driver has produced a witness from "out of the blue". I have lost 6 years of my No Claim Bonus. I have asked about 5 times (in writing and by phone) for reasons as to how my insurance company arrived at their decision which also seems to have been made before the witness statement was received. By phone I am unfortunately unable to get past the "wall" of the call centre - in writing (even addressed to senior management) I am receiving no reply.
I believe the under the "Freedom of Information Act" I am entitled to an explanation in writing regarding how the decision was reached. Without this I am finding it difficult to take further steps.
Can you offer advice?
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.

Sorry to hear this.

Your request would actually fall under the Data Protection Act, not the Freedom of Information Act.

You may lodge a subject access request asking for all information pertaining to the claim to be released to you, including details of how they arrived at the decision.

You may also lodge a formal complaint if you feel that the decision is incorrect and ask them to reconsider it.

If that fails, then you may complain further to the Financial Ombudsman Service.

Can I help further?