Hi

hope someone can help or put me on the right track.

2 years ago my car was written off on the drive of my house. The insurance company claimed off the owner of the car who paid out even though the car was stolen and the police blocked the road so he tried to get away on the kerb hitting a tree and my car...

Now in May (two years later) I was finally paid out for the car but a mistake was made by the ins company handling my claim. This amount was 2k when the car was valued at 3.5k.

The ins company kept saying they are chasing the balance only now when i send emails they are not returned or call and receive no calls back. the handler saying to contact her manager who will help. this has been since may and now i fell it is falling apart.

Could you tell me who i can complain to ?

or what are my rights?

thanks Vinny

You need to complain to the FOS take a look at their website Financial Ombudsman Service

You need to complain to the FOS take a look at their website Financial Ombudsman Service

no, you don't.

The FOS won't touch it until you've exhausted the complaints process of your insurer.

Write them a strongly worded letter detailing what they are doing wrong and how they can correct it and that you are willing to take this to the FOS.

If you are not satisifed with their reply, ask for the final response, then you can goto the FOS.

can i use email? or does it need to be written?

thanks

Recorded delivery mail all the way is the advice I have been given and would give in return.

Sorry I should have been more clear in my contention about involving the FOS, you do have a right to use the FOS as other posters have stated you will need to have a final response from the insurer.

The reason for supply of this link was to give access to the FOS and their complaints procedure so you know how to access the service, read their section, how to complain our complaints procedure and how to complain

This other link is to FOS case studies which are relevant to your case in that insurance companies were not paying what they should.

issue 66 - disputes about the valuation of motor vehicles

As advised send your letter recorded, don't waste time with phone call, when you get a reply you could ask some of our insurance experts for advice.

Andy

First thing to do is to complain to the insurance company. You must clearly state that you are making a complaint. You can do this either by telephone, mail or email - although most people state that they recommend recorded delivery mail.

If you make a complaint then the insurance company is compelled to respond to you within 14 days (or they are fined). They get in a lot of trouble if they don't try their best to resolve the issue.

Have they ever argued that they do not owe you the money?

I am lead to believe from reading threads that the FOS will levy a charge on the insurance company in order to investigate a complaint, so it is really in their best interests to resolve the issue before it reaches the FOS.

Andy

i am afraid that the ombudsman could not help me.....

if i explain that the car was covered third party fire and theft, the insurance company put me in touch with solicitors who acted on my behalf to claim the amount for the car. they have suggested i ask the law society to be involved. i have found this link.

LCS: contact us

is there any other suggestions?

OK, so it was not the Insurers that have messed up, but solicitors...

You say they settled for £2000 when it was worth £3500. I presume they did not get your authority to settle over a certain amount, or give them "delegated authority" to settle???

The LCS should be able to help, but it might be a drawn out process. It would be quicker going through the solicitors Professional Indemnity Insurer. I would write to the solicitors senior partner by recorded delivery advising that you hold them liable for your losses, and request details of their PI Insurer. Then write direct to the Insurer.

do you have a rough draft of a letter to them? do i have to quote any legal terms? i guess if i am dealing direct with solicitors i will have to quote?

thanks

Dear Sirs,

I refer to my accident on xx/xx/xxxx, which was forward to yourself under reference number 123456789 by ABC Insurance.

You accepted a payment of £2000.00, significantly less than the anticipated market value of £3500.00 on my behalf without expressed instruction / delegated authority, therefore I hold you liable for the difference of £1500.00.

Please provide details of your Solicitors Professional Indemnity Insurer. Alternatively, should you wish to deal with this matter yourself I look forward to receiving your proposals for settlement.

I intend to deal with this claim under the CPR. (Voluntary CPR if the claim is in Scotland) I look forward to receiving your admission of liability within the stipulated protocol.

Yours faithfully,

craigwalton thanks for your help and letter. I did not feel confident to draft a letter and carried out another search and found www.legalcomplaints.org.uk they say that they do not charge and will deal with my complaint with the solicitors. i have sent some emails that acknowledge fault and wait for them to respond.

thanks again for your help and advice