Problems with Endsleigh Car Insurance.

[Gary29]

We are wondering if their is anybody that can help us on this.

On Saturday, Julie was in our local Tesco car park, wait to turn out right, and make her way home, now she was waiting in a queue of traffic(well one other car in front) when this woman in her black Chrysler PT crusier, put her car into reverse and backed into the side of Julie's 206, denting the back door and the the back panel, it also looks like she has also some how caught the front door as well. Now both of our children were in the car as well, and my son kieran was frozen in his car seat and was white as a sheet. Now Julie had her handbrake on and her foot on the brake as well.

Now it wasn't till she laid on the airhorns that the woman actually stopped reversing and took any notice, of what she had done. So Julie moved her into the space next to the woman and told her to wait while she checked that the kids were ok. She then started to speak to the woman, who turned round and said I didn't see you, I've just had my car washed and they must have moved my mirrors while doing it. Julie didn't say a thing to this(but she thought plenty of things)anyway the woman then turned round and said to her did I do that damage, to which Julie replied yes you did. Now the woman gave her details as did Julie. So when Julie got back home she phoned her insurance to tell them of the accident, and waited to Monday, as we knew nothing would happen over the weekend, now I was away when this happened. So on Monday Julie gets a call from a car hire company, with reguard to a replacement car while hers is being repaired OK, fine, but at this point no repair company had called Julie, so she finds out the repair companys name and gives them a call,no one to take the call so she leaves her details and waits for them to call back, they do and I take the call and was told that the car hire company should not have contacted us,but the repairs should have done that, Ok fine, no real problem.

Now this is where the fun begins, since Saturday Julie's back and neck have been hurting, she finally has a dr's appointment today to get it looked at, due to tha fact of me being away and no one to take care of the kids while at hospital, has menat she's left it and has been surviving on Iburofen and sleeping tablets,to get any sleep. Anyway Julie gets a call from the insurance company solicitors and they take some details and say that they are also going to pass this onto their personal injury deaprtment. Now also since Monday Julie has been trying to getther insurance company to provide some money for new car seats, for the kids which they have finally agreed to do today.But also in that call she was told by her insurance company that the woman who backed into has not informed her insurance company, now the police won't do anything because the 3rd party has given her details at the scene of the accident, the insurance comapny say that they have written to the womans insurance company but that is being sent by royalmail, so Julie suggested that they fax it to the womans insurance company to get things started.

But also Endsleigh also want the excess of £250,before they will send the car for the repairs to be done, they have told us to pay this to the repair firm and that they will claim it back from the womans insurance company. Now Julie has told them in no uncertain terms that she is the victim in all of this and why should be paying £250, if they are going to calim it back from the womans insurance company, that wouldn't it be better if they claimed it from the womans insurance company and payed the repair company direct.

Has anybody got any ideas on how we can getthis sorted out quickly, as this is making Julie really ill.

[patdavies]

This is perfectly normal.

At this point in time, the other drivet has not even informed her insurers, never mind claimed, so Endersleigh have no admission of liability for the damage.

They will pay for the repairs to your car - but you will need to pay the policy excess on collection.

If Endersleugh recover your uninsured losses, then they will repay this to you (together with the remainder of the unimsured losses) and reinstate you NCB.

If you recover your losses in full for yourself (including the excess) then you inform Endersleigh, together with satisfactory proof that you have done so, and your NCB will be reinstated.

[Gary29]

Originally Posted by patdavies

This is perfectly normal.

At this point in time, the other drivet has not even informed her insurers, never mind claimed, so Endersleigh have no admission of liability for the damage.

They will pay for the repairs to your car - but you will need to pay the policy excess on collection.

If Endersleugh recover your uninsured losses, then they will repay this to you (together with the remainder of the unimsured losses) and reinstate you NCB.

If you recover your losses in full for yourself (including the excess) then you inform Endersleigh, together with satisfactory proof that you have done so, and your NCB will be reinstated.

I have to pay the excess out first before they will even repair my car. I now have a hire car as it is very difficult, to open and shut the back door, after speaking to the police tonight they say, if I feel my car is dangerous then not to drive it.

The car hire company have said if the repairs aren't started within 7 days they want the car back, now I am full comp, and I am wondering whats the point, it's not getting things done any faster.

A claim was only opened up by the solicitor, last week despite phones calls from Endsleigh to the womans insurance company Zurich, the solicitor when I spoke him to him, said I asked a person at Endsleigh why no one had got Zurich to start a claim and they could not give me and answer.

The solicitor has said that it could take up to 3 months for this to be sorted out, which I'm not happy with, as I'm the one being made to pay out, even though she reversed into me.

I have now had enough this Saturday it has been 3 weeks since she hit me, and she still hasn't informed her insurance company, I am now being obsinate as far as Endsleigh are concerned, I have tried to keep costs down, but they are doing JACK about my claim and have said said that I need to pay the excess, which when Ipointed out tonight, that yes I would pay the excess if I had caused the accident, but seeing as I hadn't and that they would be claiming it back from the womans insurance, why should I they had no answer to that. Endsleigh's other coments were tonight were, we instruct a Solicitor straight away, as it looks better to the other insurance company, my feeling on that statement was like **** does it.

So today I am going to the Insurance Ombs to make a complaint, and when insurance comes up for renewal I am going back to my old brooker OK they may not be the cheapest, but at least I can deal with someone who will get things sorted, if I had stayed with them, I wouldn't have been waiting this long for a claim to be started.

SO A WORD OF WARNING DO NOT TOUCH ENDSLEIGH WITH A BARGE POLE, I now wouldn't trus them as far as I could throw them.

[Gary29]

I have had it now. Gary called the woman at work today to ask why she had not notified her insurance company and she came back with (from what I can see is a pack of lies), she used the excuse that the reason she hadn't told her insurance comapny was because I'd put in a personal injury claim and as she she stated, it was only a low impact crash, wha the woman seems to forget is a t the the time of the impact I had both my kids in the car in the back seats with my son on the siad that was hit and that as soon as i realized that she was going to make contact with me I turned round to to check on my children and in doing so jared my neck. I didn't goto my GP till the wed or thurs, to get checked out and he told me that I had whiplash, I then went to my A&E unit who told me the same thing. So I think that she is on very dodgey ground their refusing to inform her insurance because of that, in the end they will have to pay out incl the personal injury claim no matter how much it maybe.

As I have said to my insurance tonight I have tried to keep the costs down, but why should I be bothering, if she is going to act like this.

Another thing is she said that she might inform them, bu the thing that gets me, is I was told the letter would have got to her from my solicitor to on the FRI of that 1st week, she still had from the Mon to the Thurs to inform her insurance.

So it is looking more and more like, that she a lying b***h and had no intention of telling her insurance comapny.

[never shay die]

I understand how frustrated you must be, however much of what you said is completely normal I'm afraid.

Under the Civil Procedure Rules, the other insurer has 3 months to establish liability. There is nothing your insurer or your solicitor can do about that.

You have submitted a claim to the other insurer, but because their customer hasn't reported a claim to them yet they can't accept liability. This means that for the time being your own insurer will treat this as a 'fault' claim, i,e, charge you your excess, etc.

If the other person has no intention of reporting it to her insurer, don't worry. As long as you (through your insurer or solicitor) are able to supply sufficient information to prove the other persons involvement (name, address, car make, model, colour, reg, accident location, description of driver, etc) then you'll be OK. But it ain't gonna be quick, I'm afraid.

[Nunski]

What happens if the other insurer fails to establish liability within 3 months? Do they have to accept liability? I always thought that the person reversing would automatically be at fault unless proven otherwise...

[Gary29]

Originally Posted by Nunski

What happens if the other insurer fails to establish liability within 3 months? Do they have to accept liability? I always thought that the person reversing would automatically be at fault unless proven otherwise...

I should think so or I hope so, but I've been told it can take upto 3 months. And since the accident I've not been able to get a decent nights sleep and even more so since friday and finding this out.

All of the documents I've sent have where I was and where she revered out of and I've taken photo's to show where I was and where she was and I've even got the photo on the afternoon of the accident with her reg plate on it, so she can't say that she wasn't their, if she decides to play that one, from what I can gather they give her 14days to reply(time nearly up) if she dosen't they write again giving another 14days and then they have to admit she was in the wrong, by reversing out without due care. And then repair my car which will be the end of march(should be) and then they throw the book at her as she's broken T & C's of her insurance(not notifying them of an accident) and her number plate is flagged and every insurance company gets to see that she fails to notify of an accident and her premium goes through the roof, that is if any insurance companies will touch her, if one declines then most will and if she lies and says that she has never had insurance declined even if she applies on her husbands policy they won't touch or if they do it will be at a very high rate.( Sorry my feeling at the moment is, she deserves everything she gets, I have been more than willing to keep costs down, but now I have a courtesy car, while mine is off the road) and my neck at points still hurts now if I turn funny, it didn't before the accident and my GP diagnosed whiplash and my A& E diagnosed soft muscle spsam(whiplash) as well. And she is claiming that this is why she has not reported the accident to her insurance company, which is neither here or their as the letter from solicitor wouldn't have turned up till the second week, still one week before to inform her company which makes me think that she had no intention of telling her company.

Now my insurance company told me on FRIDAY, that they would call me on MONDAY. AND AS OF THIS TIME they have still not called me, it is me chasing them, surley it should be the other way round as this is what I'm paying for, or so I'm being let to believe.

[never shay die]

Originally Posted by Nunski

What happens if the other insurer fails to establish liability within 3 months? Do they have to accept liability? I always thought that the person reversing would automatically be at fault unless proven otherwise...

Technically the reversing party is at fault, yes. But if the other party hasn't reported it to the insurer yet then they cannot accept your allegations because they don't have their own customer's version of events. As such, they cannot accept liability.

However, once the 3 months is up, it is down to the insurer to decide:

a) Do they admit liability?
b) Do they agree to deal with your claim 'without prejudice'
c) Do they refuse your claim.

If they chose c) then they need to provide their reasoning for doing so. Your solicitor then decides whether you have a case to issue proceedings.

I understand how frustrated you must be, but my best advice would be to try and relax. Based on what you have told me, you have sufficient proof that she was involved. Her insurer will have to look to deal with your claim if they don't hear from her within the 3 months.

It obviously seems like a rather long time to wait from your position, but they are the rules unfortunately. Sure, it would be much quicker if she just called them and accepted the blame, but you can't legislate for morons!

If she DOES call them in that time and disputes liability, then she would need a damn good lie as the damage to your car proves that she hit you in the side (your car doesn't drive sideways!). Her insurer won't accept her version of events if they do not believe them to be accurate and will settle your claim 'Without Prejudice' anyway.

If her insurer thinks they have reasonable grounds to dispute liability, then once the 3 months is up your solicitor can issue proceedings for the PI claim, you excess and your insurer's outlay. It is then down to the courts to decide who was at fault, but based on what you have told me you have a very strong case.

It could possibly get more complicated than this but not worth getting into at this time as these are the most likely outcomes. But like I said, it could take up to 3 months for anything to happen.

[Gary29]

Thanks never, it is just so annoying, I can't afford to pay out my excess at the moment, so my car has no chance of being fixed till April, when this is sorted, plus my car is unsafe to drive as the back door where my son gets in and out(and who is autistic), because his door is very hard to open and close and is scraping metal of the hinge evrytime it's opened and because I can't pay the excess I'm not entiltled to a courtesy car(even though they would claim back this charge from her insurer).

And she is still swanning round like lady muck, thinking that she's not being touched and getting away with it.Which is the one thing thats really getting to me.

[Gary29]

Hubby has just spoken to the new claims advisor who is dealing with my claim since Fri, after I spoke to him and told him what the 3rdparty said and that I was heading depression, with the way that they had delt with since the claim. The file was at the solicitors office and should be back today, and the new advisor was trying to go and get the 3rd party's insurers to make a without pred claim, so I can at least get the excess dropped and then in turn get my car done. He's calling them at 3.30 today(so keep your fringers crossed) and it might a week or so after that, but then hopefullys my car is going to be fixed.

[Gary29]

Still no joy, had a letter from the solicitor saying that the woman has still not informed her insurance company. Spoke to my insurance company today who suggested calling her's and asking what they were playing at. So Gaz did, they said that she had been ignoring all comunication made by them, so we asked if they had her work's phone number and her fax number, they said that they had not so we gave them both, we are now waiting for the claims department of her insurance to contact us, because the woman at Zurich did not sound very happy, when we stated that we had been trying to keep costs down for them and that it was their client, putting them by refusing to tell them. And the woman at Zurich admitted that the policy holder was getting them into very deep water, by allowing this to carry on and as it is heading at the moment, my solicitor will be taking both her and Zurich to court. Which as Zurich have said they don't want that to happen.

They also said that if she doesn't contact them soon, they are going to send someone round to see her, so on Monday we will also give them her work address.

So we will have to wait till Monday for the next installment.

[ab123uk]

Hi there, noticed you havent updated today, take it nothing to update on?! dont worry too much, I would imagine the third party insurer will have to settle as fault on a WOP (without prejudice) basis if there insured fails to make contact with them.

[Gary29]

We have an update, that happened on Friday and we have been told of today. We called her insurance company today, to be told that they spoke to her on Friday at work, after we gave them her number and she admitted everything, that it was all her fault. No we are being pressured by her insurance company to give up the courtesy car and I am meant to use gary's and he is to use mine to get backwards and forwards to work. They wont be able to get any one to estimate how much it will cost to do mine and that wont happen till wednesday, with only an hours notice, to let me know that they are coming to look at it.

They are offering me private physio for my neck, but that has to be put forward to me through the solicitor, her insurance company have said that they would be happy for me to deinstruct the solicitor, but my feeling is at the moment, they have become so pushy, if I deinstruct the solicitor they could get worse at least this way, they back down a bit. they even called the courtesy car company and told them that I no longer needed the courtesy car, so I'm not happy about that, if their client had played the game they would not be in for so much cost, I tried to keep the cost down.

Now my insurance company have said that if her insurance company write them a letter and fax it to them, saying that it was all her fault, they will wave my excess and get my car in for repair either wednesday or thurday of this week. So I think that is what I am going to do and let my insurance get the repairs done, that way I get my car done and I keep the courtesy car.

One thing I would like to know is, can her insurance company make me do it their way.

As I pay for my own insurance and I am named on gary's, her insurance company are saying that I can use his car and he can use mine till mine goes in for repair, now my way of thinking is, she hit my car, it is my car that is off the road and needs repairing and add to the fact that I don't like driving Gary's car and he needs his for work as he is on lates this week, so really needs it for work.

It now seems like they want to keep the costs down, now their client has admitted it, but were happy for them to rise, while she negelected to tell them of the accident, I didn't start this, she did, this could have been sorted out 3 weeks ago and my car could have all been sorted out, by now, but because she wanted to play games.

[ab123uk]

Hi,

Simple but important piece of advice here- stay with your insurer! don't go through them as they will want to keep the costs down, when you might get a much better service from your insurer who will make a full recovery anyway!

also, I would not go into using each other's cars, if he is not insured to on your policy, he will be probably be covered third party only on his Driving other cars cover. Stick to your ideas, go through your insurers etc. hope this helps!

AB

[Gary29]

Hi AB,

Thanks for that, that was my feeling, they seem to be pushing far to hard and when I found out that they had spoken to the courtesy car company already, I started to get wary and I told the girl at Drive Assist, that they were pushing my arm up my back,to getthings done.

That was also my parents view, as they said she's made you wait this long, and you've tried to keep costs down as much as you can.

So thats what I'm going to do, I bet the 3rd party really got a shock on Friday, when her insurance caught up with her.

Her insurance also said that we might have to drop the personal injury claim, due to the fact that they would have paid for the repairs and the excess.

At least this way, my insurance company and solicitor can keep them on the hot foot.