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Anthony Chendo
Anthony Chendo,
Category: Traffic Law
Satisfied Customers: 1748
Experience:  Solicitor at BLM
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My husband has a trader's car insurance, covering himself,

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My husband has a trader's car insurance, covering himself, his business and me. At the beginning of 2018 we both had two separate accidents. In my case the insurance company paid out £27,500 to the other party, who wanted 13,500 for car rental. My insurance company didn't agree to that and took the case to court without my knowledge and lost. The other party's car was valued at 4,700 and was completely written off. My husband had an accident a week after me, he was reversing his car on a road and broke a headlight of the car that pulled into his blindspot, and was stood less than a metre behind him. The cost of repair did not exceed £5,000 but one of the passengers claims to still be suffering injuries from the accident to this day, including neurological effects. When I last spoken with them, the amount secured as compensation to this case was £15,500. I was over 6 months ago. I my opinion the broker/ insurance company are not acting in our best interests. When we were asking about documents, so we can refer to the case - we were told everything is confidential. What can we do about that. Our premium is rising every year as case is not closed. We are unable to change insurance company as well. What can we do in this matter?


Welcome to JA.

Can I clarify you need to know how to obtain the documents your insurer used to arrive at the decisions to pay out which they alleged is confidential.

Customer: replied 6 months ago.
I/m not a doctor - but I think is just a bit too much time to claim she is still having after collision injuries, as it was not that serious.
We are not getting any correspondence either from the other party solicitors or our insurance company. I would like to know how to get the document regarding my accident as well as to my husband's case as the alleged it is confidential. Is it normal, the insurance company is not informing us about the case at all? As far as I am aware the insurance company should do whatever is possible to close the ASAP. I think they just don't do it, so I would like to know if I can claim against them? What is the procedure etc.

With regards ***** ***** obtaining the documents I suggest you make a "subject Acess request". Notify them you have the right under the GDPR to have sight of all documents that has yours and/or husband details within it.

With regards ***** ***** and injury claim as you mentioned it appears the collision and the injury are not consistent. However to truly find out what's going on your insurer should communicate with you what's going on as you can help them with information such as the collision was not severe to cause the alleged injuries.

Do you understand what I have stated so far if yes I will proceed to the next step

Customer: replied 6 months ago.
I understand. The difficulty is, If I don't call them asking, I know nothing. I have been told we can't have the access to this records- I was asking about passenger's injuries and medical reports. Their judgement in the case is just based on the fact, that my husband admitted his lability.

From what you described it appears this is a service issue aswell. In view of this I suggest you consider filling a complaint regarding the service provided on the grounds that as a consumer you have a right to receive a service performed with reasonable care and skill. Therefore the fact you have not been involved in assisting the investigation of the claims thus the service provided has been below par.

Customer: replied 6 months ago.
How to do it? What do we do?

Contact the customer service and ask for the complaints team/ manager. Once you have the information please write or call to file a complaint. Further ask for a written response to your complaints as that gives you time to review the same with your partner.

Hopefully once you file the complaint they should be more open with you and then you will know why and how they dealt with the claims

Anthony Chendo and other Traffic Law Specialists are ready to help you
Customer: replied 6 months ago.
Thank you very much.

Your welcome

Have a good day

Customer: replied 6 months ago.
Can this insurance company could go to Court without my knowledge?It's obvious procedures costs and the other party solicitor's cost have a influence on increasing our premium.

Without sight of your terms and condition but on a general basis yes insurance companies can proceed to court without policy holder's knowledge because it is likely there is a term within the terms and conditions that permits them to take over the claims and deal on best possible terms.

Customer: replied 6 months ago.
Ok.Thank you. Have a good evening!

Your welcome