Holiday Insraunce company not paying up

[Julies80]

Hi, me, aand my family ( mum sister and her kids) went on holiday last year to shop for a wedding. In the process of this and us only being there for the first 3 days- we lost ALL our travel douments, money and other items. This left us stranded as we couldnt onward travel.

We did what we were supposed to and reported it to the police. We also called the insurance ple up. So when we came back home (UK), we put our claim in. They asked for a lot of documents and things which we sent. However, they then declined the WHOLE claim- with silly remarks like, they found it odd that the children were allowed out of school for so long and lots of other questions. The main reason was they thought we had not taken "reasonable care of our belongings"

However we feel that we did and it was a genuine loss.

How and on what ground can we challenge the insurance company?? Surely insurance is there to protect you from these kinds of eventualities!. Further more, we sent all relevent documentations- even things to say that we had to get new travel documents. !!

what do we do now. we did lost quite a bit.

Help!!

[Bookworm]

Well, first question is: Under which circumstances did you lose the stuff?

You should go through your policy document with a fine tooth comb and find out where it says you should be taking reasonable care of your belonging, and challenge them on that. They'll have a mighty job with that one for starters.

If they won't budge, then make sure that their response is a "final decision" so you can then go to the Ombudsman (and let them know that). On something like this, depending on the circumstances of your loss, you'd have a pretty good chance of the Ombudsman ruling in your favour, and you have nothing to lose anyway from going to them, and the insco will get charged about £400 for being investigated, which sometimes makes the difference to a sudden change of mind.

Let us know how you get on.

[old_andrew2007]

Hi
Bookworn is quite right look at the terms and conditions, they are in the policy document I had a problem with an insurance company, the action I took was as follow re-read the letter of refusal, lokked At Finanical Ombudsman service website this contains information on how to complain follow this link Financial Ombudsman Service you can find in the news section case studies where adjudications have taken place some of the
complaints were unheld
If you were to scan the letter taking out personal info and putting it on to this site I am sure someone with more knowledge that I can give advice.
In my case I simply wrote back challenging their reasons for refusal this was enough, my cheque appeared 10 days later, Good Luck

[Julies80]

Hi, me and my sister are in the middle of challenging what they are saying. Basically my sister has got a letter from the school saying they were ok to go, also my nephew has a severe exzema and it was on the Drs recomedations that going to a hot country will help etc - she has that letter also. The other feable excuses were that why was the police incident reported in another jurisdiction rather than where it happend- and the thing that happend there was that we went to one police station and they told us to go to another one!! When you are in a country where you dont know much your obviously going to do what you are told to do from the higher authority. the police station that we first went to was small and therfore they were not cable of making a report. Also, they alledged that the hotel we were staying at- there were no children registered! They were booked under our rooms and the hotel diddnt even bother putting thier names on the bill. But why would they fly out with us and not be with us in the hotel . its so ridiculous!

I also need to provide them with much more info. They have not even mentioned the cost of new passports tickets or other stuff that we lost- they have only picked on stupid things theyhave found flaws with. they said that as its a big claim they got an investigator to do the job! i have asked for sight of this so called independent report.

The circumstances round the situation were that we were in a taxi and my sister and mum were due to fly out to the next destination therefore they diddnt want to leave imp things in the hotel so they took it with them. and also my mum does not like leaving things around anyway, it was dark and the kids had fallen alseep on my sister in the taxi, so upon exiting the taxi, my sis was concentrating on getting the kids out and paying the taxi man, and the bag was on floor of taxi, and while she was dong the other stuff, on a very unlit road in dark, the bag got left! and that was the truth of the matter. it was just very unfortunate that it had our most important stuff in it- even our emirates tickets on the return journey for which we had a lot of hassle to get them duplicated again. We had to stay in Bombay for a few days longer to get a travel document and travel back to bomaby to collect our new passsport. Why would someone want to risk all that hassle especially when you got kids with you for a laugh. They are not seeing this as genuine and it is very very annoying for us innocent ones out here.

I jsut need to perfect my letter and sent it and wait and see, This is one year on and we are still fighting!

[Julies80]

i dont have a scanner, but i can supply a link to the insurance company policy where it does say somethng about reasonable care. And in whos eyes does that reasonable have to be> they have not even concidred how it was for us when it all happened!! they were quite quick to take our moneywhen we got insured Also i was insured in a policy with my husband and my sister mum and kids were under a another one with the same insurance company.

Shall i send the link on this forum? im new to all this!!

[old_andrew2007]

Hi
I think you should still scan your letter on to the site, again take out personal information, you might be surprised if to find that someone had the similar problem.
Remember your insurance company is a profit making concern they don't like paying out it reduces their profit.
What company are you insured with, it is ok to enter their name on this site it might trigger a response from another CAG member who had problems with the company, oh and I also got the broker and underwriter mixed up when I complained, it should be the underwriter who deals with you.
I understand your difficulty when trying to report a loss in another country
I to had a problem, in gaining a crime report can you quess where MUMBAI.
I really think a year is too long, it seems you should properly go through your insurance companies complaints procedure, then take it up with the FSO
Financial Ombudsman Service
Even if your company climbs down a complaint can still be registered for distress they have caused.

[old_andrew2007]

Originally Posted by Julies80

i dont have a scanner, but i can supply a link to the insurance company policy where it does say somethng about reasonable care. And in whos eyes does that reasonable have to be> they have not even concidred how it was for us when it all happened!! they were quite quick to take our moneywhen we got insured Also i was insured in a policy with my husband and my sister mum and kids were under a another one with the same insurance company.

Shall i send the link on this forum? im new to all this!!

Yes I think you should, also a brief synopsis of what any letters from the company state.

[Julies80]

Single Trip Travel Insurance and Ski Holiday Insurance

This is the link for the single policy which my mum and sister and kids were under
http://www.insureandgo.com/Travel-In...cy-Wording.pdf

this is the wording of the policy, .

me and my husband had platinum cover on the annual cover
http://www.insureandgo.com/Travel-In...cy-Wording.pdf

Insureandgo.com - My Policy Documents

this is the link for the genral stuff

i did read in there somethign regarding reasonable protection.

in addition to this we have now sent to them one letter when claim was first made

then they asked more questions - which we ansered- i will copy and paste the letter on this site

then they said they wd get a investigator and we might get an interview- we diddnt- they just declined whole thing.

and the 3rd letter i will now send this week- which i will also put on this forum.

IN addition to this we diddnt even hear from them they kept promising letters that were meant to be sent out- but never were - pn 2 occasions. !

so we were left witout info for over 2-3 months

they only sent it when i gave them a rolloking!

even after supplying everything and all info needed they being funny!

[Bookworm]

We will not pay for any loss or damage caused as a result
of you not acting in a reasonable way to look after your

property.

is what it says.

I'd argue that having the stuff with you at all times, and then forgetting it behind is not unreasonable, in fact, that's how loss happens a lot!

The fact they they are picking at this and that to find fault indicates to me that they can't be sure of themselves.

As a matter of curiosity, what are you claiming for and for how much?

[old_andrew2007]

Hi

Again look at their complaints procedure, exhust it then refer your complaint to the Financial Ombudsman Service there are links in earlier repiles, I can't locate some info I want to include, but I beleive the FOS finds in favor of the claiment 60% of cases, in your case I think they are being using unfair terms and conditions, here are some more links regarding their complaints procedures our complaints procedure and how to complain
and Frequently asked Questions
FAQs - making a complaint
Lets hope they stop being silly, however I would not make any more telephone contact with them I assume that when you gave them a rolloking! it was in a phone call, you can't prove what was said and they might try to infer to the FOS that you were threatening
I sure thats not the case, but remember they won't pay if they can get away with it.
ps I breifly contacted to FOS during my complaint they told me to write a letter headed complaint, and when I had gone through the insurers complaints procedure I could then take it up formally with them.
Sorry to be long winded it is a failing on my part, all my uni assignment went over the wordage

[Julies80]

hi people . sorry for the delay in getting this stuff to you.
I have got 2 letters we have sent in reply to thier STUPID letters.

oh by the way also, te claim was for a mixture of diff currenices, cost of new passports, extra nights stay that we had to inccur, some personal items, camera etc. total claim was prob for about 2-3k.

This is the first
Thank you for you letter dated 04/06/07. We do apologise for the delay in responding. We have been trying to collect all documentation and various details together as requested in the letter as well as there has been an immediate wedding in the family which prevented us in responding any earlier.

Please see below responses to your questions that were addressed to us.

1 Full written police report - We have tried to obtain the full report but have been unsuccessful. When we were at the police station, we asked for a full report. However they declined to give it to us and told us we would only get the reference number and summary of what the report contained. They were not being very helpful, and also tried to extort money out of us in a time of need as we were from UK. We persisted to get a full report, however they did not have comply as they hand wrote the reports in Mahrati (local language) and stored it in a book. If you contact the police station where the report was made, they should be able to give you all the details you require about the incident.

2 Please provide bank statements showing the funds you withdrew to enable you to continue your trip/holiday, if other arrangements were made please provide details of these - Please find enclosed some statements and credit card statements concerning the dates in question that helped us to until we sorted ourselves out regarding the new passports tickets and enquires etc.

3 Please clarify as to why you were carrying such a large amount of cash and as to why this was all put together in one place. We were carrying such large amount of cash as we had vacated our hotel room that morning, and this was the only way to carry the money around at that time. We were intending to be shopping for some gold jewellery that same evening for the forthcoming wedding. The total amount of the cash we were carrying was not all in one place; it was all distributed with other passengers too. It just happened that the money stored in this bag was a large amount.

4 Please also clarify as to how the bag was not noticed missing upon exiting the taxi given this was all put together in one place. The bag in question was noticed within a few minutes after the taxi leaving. The taxi was very badly lit and it was parked in a very busy and badly lit road. As we 4 passengers, one was busy paying of the taxi fare, one was a child of 8, I was busy helping the child who had fallen asleep on my lap etc. As soon as the taxi fare was paid, the driver left, before anyone had a chance to have a last check or even notice anything was missing etc

5 Please give dimensions of the bag in question.

The approximate dimensions of the bag were 46cm length, 35 cm width and 25 cm depth which had various zip side and internal pockets, it was a black

6 Please explain as to why the jewellery was not being worn and also if not being worn for a reason, why it was being carried given that it was purchased the day previous to the incident. The reason the jewellery in question was not being worn as it was purchased as a sacred ceremonial wedding gift which cannot be worn by the bride to be until the groom to be puts it on the bride on the wedding day. It could not have been under any circumstances been worn until the ceremony on the wedding day. Although it was purchased the day before, we carried it on us, as we had vacated the hotel room that morning as we were due to leave for the airport in the early hours of the next morning. It was small enough to fit in the bag we were carrying. Please see original internal flight ticket timing and date and time of loss.

( we also gave hme insurance policy details which i have ommited on this site)
I hope this information will help process this matter further. Please let us know if there are any other details you require.


Yours faithfully


_________________________ _________________________ ____________
The second letter we sent was in reply to thier 2nd letter


I write further to your letter of 20th November 2007 where you have declined my claim for the reasons entirely unrelated to this claim.

You have denied this claim on the basis of a report from an “Independent Insurance Investigation Team”. Please provide a copy of the report. I do not believe that you will have any objection to my request as it is a report from an Independent Team and secondly if you are relying on this report to refuse my claim then I believe I have a right to review the report myself and see what enquiries, if any, has been made within India.

Please advise as to why you and/or your insurers feel that I did not supervised my belongings adequately? The item of luggage was with me/us all the time. As explained in my previous correspondence, I was occupied with taking care of my children standing by a busy and poorly lit road side. My mother/sister had just paid the taxi fare and as soon as the fare was paid the taxi driver drove off and did not even gave us an opportunity to check for one last time of we have left any item inside the cab.

Your Policy document states that our belongings are covered for the loss as long as we take reasonable care of our belongings. Thus, I believe I can not be held responsible for the loss of my valuables when all reasonable care was taken in such difficult circumstances. I can not be held responsible for the actions of a taxi driver, which were beyond my control.
I am puzzled as to how you have obtained such information which suggests that children were not staying with us or were not booked at the Aroma Hotel. I am enclosing a copy of the invoice/booking receipt with my letter confirming their stay at the Hotel. Most hotels in India do not specify children staying with the parents and this was the case in this instance. If you again check with the Hotel, you will be notified that there were 2 children aged 9 and 6 staying. In any case, why would we travel with 2 children and not have them staying with us in the same accommodation?


(IN the ammeded letter my sister told them that they EXTRA PERSON NAMED on THE BILL WERE TE " CHildREN and this is how they were noted on the bill)

In any event, I am unable to understand as to what relevance this has on my claim of loss of money, jewellery and travel documents.

With reference to your concern of reporting the incident in a police station different to the jurisdiction in which the incident occurred, I would like to remind you that we were just following the instructions given by an Officer at the 1st police station. His reasons were that the other Police station where we eventually reported the incident is the main police station of the area hence, this matter should be reported their. Furthermore, if we were reporting it in a wrong station, as suggested in you letter, then the Police would not have filed a report and noted down the details of our losses.

As far as the matter of my children getting time off school is concerned, please find enclosed copy of their plane tickets confirming that my children accompanied me in this trip. You may not know, but there are no rules or regulations stopping children from travelling abroad out of school term. For your information, they are still attending the same school presently.

Also for your information, in the school policy, it is noted that in the whole primary school years i.e. from age 5-11, they are allowed up to 4 weeks out of school time. You can get confirmation of this by contacting my children’s school. Furthermore, I enclose a letter from my son’s Medical Consultant to support my case for taking my children out of school. Again, I believe my children are fully covered in my Insurance Policy.

Nevertheless, my children were allowed to take a month off school or not have nothing to do with my claim of loss of my valuable.

In the whole of your response to my claim., there is no mention of anything in relation to the actual loss my passport, tickets, money for which I have full evidence of from the British Embassy and the police reports. I was fully covered for this in the event of any unfortunate circumstances. I would have thought that the purpose of taking out an Insurance Policy is to cover these eventualities!

I strongly feel that you have covered only the points which are irrelevant but not even considered the facts and the eventualities of the circumstances before denying this claim.

I believe the above information would help you to reconsider your denial of this claim. Failure to which I am expecting to receive full disclosure of your investigating report in order for me to consider other alternatives available to me, including reporting this matter to the Insurance Ombudsmen.

Yours faithfully


is there anything else ou can think of right now?

[old_andrew2007]

it seems you have dealt with each question they have put to you, if the claim is rejected again will will need to find out who you make a final complaint too.

I hope they become reasonable and make the payment.
Then once the money is bank, you could write to them asking for compensation for the stress you have been through by their actions.

The financial Ombudsmans Service has awarded compensation for these resons before.

Good luck

[old_andrew2007]

Hi
Jules haven't seen any posts for a month hope everything is proceding well
Regards

andy

[Julies80]

Hi

I have been trying to ask them for their independent report for weeks now. not forth comming. also they said they are looking into . so thought id give em a chance but they are taking the buiscuit now!

dont know what ill say next time i call them now. i have already threatened them with the ombudsman!

any ideas??

its almost a year since claim and im getting impatient now"