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Accepted liability on whiplast claim!


Phaigherty
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Hi all, my first post on here. Not a good one sadly.

 

Looking for a little advice in regards to my insurance paying out on a claim made agaisnt me. Basically on 11/11/13 i was stopped at a set of red lights, handbrake on and car in front rolled back into me at no more than 0.5mph. No damage whatsoever on close inspection. Just took number plates etc and that was that as far as im concerned. Then on approx 20/12/13 recieved an hand writen note posted through my door from insurance investigators asking my to contact them. So i thought i would ring my insurance company first. They said the other party has put a clakm for whiplash in, no damage just whiplash! Said that im not accepting liabilty so they could respond to the other party. Arranged to me the independant investigator working on behalf of my insurers.

 

Met with the investigator today 08/01/13, gave my statement, along with photos showing no damage. Stated how could there be a whiplash claim with no damage? And that if i had hit him his tow bar would have made a mess of the front of my car. Everything sorted, statement was to be typed up, posted to me to agree its correct, sign and return.

 

4 hours later my insurers rang babbling away, so i stopped them in there tracks and said so your going to settle? They said yes.

 

How can my insurer agree to liabilty whithout seeing any statements or any evidence from either party? They just said that because both have admitted that there was contact we are going to admit liability! All they know is that his is claiming whiplash. Can they do this? They are saying that the accepted liability based on percentages and statistics. My case should have been looked at on a individual basis. Or at least waited for both parties statements. Its a absolute joke!

 

I have again spoken to my insurance again tonight (08/01/14), customer service for claims department. Even they agree that they cant understand why or how its been settled with the very little information given and no investigation taking place. They are not sure if they can retract the admission now. Its has been referred to someone higher up and will be in touch with me within 48hrs. I said to them that when this originally started that i would stand up in court. Now that since they are so keen to pay they can, but i do not want to lose my ncb due to them basically doing nothing and just agreeing.

 

Rang them again this morning (09/01/14), basically asking if they are still going to settle. Of course they said yes. I can not comprehend how they can settle when all they have had is photos from me showing no damage. The other party only took one photo of the front of my car, I know this because I watched. surely if I crashed into him he be interested in at least taking a photo of his own car. I have also seen the other party in his taxi working since the date of the incident, several times. so how can he taxi the public around with his fake claim of whiplash?. Hasting are supposed to look after my best interests. when in fact they have just looked after there own interests. Its cheaper for them to admit fault rather than fight it. I'm the original victim and I'm the victim in this whiplash fraud so why am I being bent over for it?

 

Hope this makes sense

 

Any advise would be greatly appreciated

 

Thanks

 

Pete

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I suggest that you make a formal complaint and go the the Ombudsman. That was a very useful conversation you had - but as you didn't record the call, it will be of no help to you.

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From what I hear, most Insurers agree to settle third party PI claims that are less than £5000, without much of a process to check validity. Not very good, but I am not sure the FOS will be that bothered, because they will accept the Insurers right to determine their own processes for acceptance of third party claim, that limit the costs in dealing with them. The fact that you lose NCD as a result of this, will I believe be of no interest to the FOS.

 

But definitely put in a formal complaint and kick up a stink to see whether Hastings are willing to put in a bit more effort.

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Hasting have already said they dont know how much the claim is for. They havent had any doctors notes etc and a figure will be set at a later date. Just that they have accepted liability and that they will settle.

 

Fuming about this Hastings have done absolutely nothing. I might come to have accept it if i could have seen them to try. But they have accepted liability / settled just based on the other party say he got whiplash and i drove into him. Pathetic

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Hi Phaigherty, Thank you for taking the time to post and fully explain the situation. We are very sorry to hear about this and would like to investigate the matter to find out what has happened. Can you please contact us directly and supply your policy details so that we can look into this matter in more detail. Please email help@hastingsdirect.com Many Thanks, Jamie

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