Fully Comprehensive Insurance - NOT

[sisternumber1]

Yesterday had a final offer £100 as a gesture of goodwill as they are fully in the right and in their words this is the end of it. They say that I have the right to take it to the ombudsman. Currently thinking about what we are going to do. They are ignoring my request for all the file to be sent to me including all conversation between myself and the company. They have chosen to concentrate on just one part of the complaint.

[honeybee13]

Convenient isn't it? 'Our decision is final'.

 

I'd seriously consider the ombudsman if you think this is unreasonable, it doesn't hurt or cost you anything, or it didn't when I last looked.

 

Guys, am I right that an insurance company has to pay a fixed fee for the ombudsman to investigate? I only ever dealt with assurance. That being the case, a bloody-minded person might be inclined to let them do this to themselves .

 

HB

[Mossycat]

Convenient isn't it? 'Our decision is final'.

 

I'd seriously consider the ombudsman if you think this is unreasonable, it doesn't hurt or cost you anything, or it didn't when I last looked.

 

Guys, am I right that an insurance company has to pay a fixed fee for the ombudsman to investigate? I only ever dealt with assurance. That being the case, a bloody-minded person might be inclined to let them do this to themselves .

 

HB

 

Yes HB you are correct about the fixed fee, so I'd suggest the OP does just that, it sounds unfair to me

 

Mossy

[Chiro]

Sorry to hear you are still having problems. This link has a bit of information about settling a claim at the bottom. http://www.insurancewriteoff.co.uk/ (I'm not trying to advertise anything here just for information purposes from my own searching).

 

The important bit to note is this. "Insurance law in the UK is based on the premise that you should be no worse or better off once a final settlement has been made."

 

As is clear from what you have put this is not the case, but you are now somewhat worse off from the time delay caused directly from the administration of the insurance company. This was out of your control so they are liable for any such costs arising from their actions. Whether they consider this is their policy or not, it is law for you to be compensated for your insured loss. That includes the hire car for time until notification. If they have offered £100 goodwill they already know they are liable. Insurance companies do NOT give money away.

 

Stand firm in asking for the whole file. Do not let them put you off with excuses. You have a right to this information. Put it in writing that if not received then you will take the matter to the courts. The law is on your side here.

 

Until you have heard from the insurance company as to the state of the vehicle, in this case a total loss declared, the car hire or a courtesy car is covered for time until notification. This is 18 days in total in your case. It's not your fault if they take this long to do this.

 

Put the complaint to the ombudsman now anyway as well as continuing your pursuit for full settlement. Point out to the ombudsman that they have proven themselves to be rather slow with getting this settled or supplying information. If you go to court they will have to supply a copy of the complete file so they should just do it now or settle in full.

Edited May 13, 2010 by Chiro
Missed out a word.

[Mossycat]

The important bit to note is this. "Insurance law in the UK is based on the premise that you should be no worse or better off once a final settlement has been made.".

 

This isn't indemnity so that doesn't apply.

 

 

Put the complaint to the ombudsman now anyway as well as continuing your pursuit for full settlement. Point out to the ombudsman that they have proven themselves to be rather slow with getting this settled or supplying information. If you go to court they will have to supply a copy of the complete file so they should just do it now or settle in full.

 

You will need to get a 'final answer' from the insurer concerned before taking it to FOS

 

Mossy

[Chiro]

I would consider this to be their final answer - taken from the post "Yesterday had a final offer £100 as a gesture of goodwill as they are fully in the right and in their words this is the end of it."

 

The insurance company took on the policy which was paid to them, so must honor it in full. They cannot change the terms without notice. Nor choose to ignore part of a claim because they feel like it. they already started off by saying it was not covered then backed down. This goes a long way to showing their approach to dealing with it. Rather than cover the claim as quickly and cost effectively as possible, they have chosen to take the expensive route. That really annoys me as my policy, and yours, will increase too from their incompetence. (Albeit a very small amount).

[Mossycat]

The insurance company took on the policy which was paid to them, so must honor it in full. They cannot change the terms without notice.

 

I agree with that, but that's contract law as opposed to the principles of insurance

 

Mossy

[sisternumber1]

Yes it was there final word -

 

I hope i have explained everything clearly for you, but as this is our final response you may refer the matter to the Financial Ombudsman Service, if you remain dissatisfied. I enclose a leaflet, which explains how they can help you, but you must contact them within 6 months of the date of this letter.

 

Nothing in the text preceding about the way they dealt with it from the start - just the bit from settlement sum onwards - I will get the recording of 2 conversaations they say.