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Car accident - both parties with Aviva - TP admits liability but 'Aviva' say 'Aviva' will not refund our excess!


djbone
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We find ourselves in a ridiculous and extremely stressful situation thanks to the dishonesty of Aviva's car insurance arm. We're hoping someone on here (maybe even the Aviva rep here) can help us.

 

On 8th June this year, during the school run, a fellow parent reversed into our car. We contacted Aviva immediately and were passed on to one of their recommended repairers nearby (the damage was substantial, including a new wing needed). The repairer advised that we should pay the excess to them before we could our car back, but Aviva said that if what we said was the case had happened (no fault on our part), and the TP admitted liability then we would get back our £350 excess (which was far higher than we were led to believe when we renewed, but that's another story). We duly paid out and waited for the TP to confirm liability.

 

In the event we waited 8-10 weeks before being finally told that the TP (also insured by Aviva!) had at last admitted liability. We were then told (by the claim handler at the Indian call centre) that our cheque would be sent out "within 2-3 weeks". We chased them after 3 weeks and were told it would be on its way soon. We did the same 2-3 weeks later and were once again told the same. We finally chased them again tonight, and were told that, in fact, we would not be receiving the excess which we had paid out, as "the third party's insurer has refused to pay back the injured party's excess". The person who told us this from Aviva Motor Claims Cutstomer Service then shocked us further by stating that there is a clause in our policy which says we are not guaranteed to have our excess refunded in such cases, if the other party's insurer refuses to pay. In response to our anger at this, they said we should have read the 40-odd page policy document properly!

 

What we want to know is:

- Even if Aviva have covered their backsides on this with an obscure policy clause, surely the fact that both insured's here are with Aviva means that this clause is a nonsense, purely aimed at ripping off policyholders?

- As we have been repeatedly assured we will get our money, and it has taken them FIVE MONTHS to telll us otherwise, then surely we must have some sort of recompense?

 

We have threatened Ombudsman, moving business elsewhere etc, to no avail. We are not a well-off family and this will ruin our Xmas - based on their assurances we had budgeted to get back money we have paid out on credit cards in order to use it for our kids' xmas pressies. Do any kind and clued-up forum members have any advice for us?

 

Many thanks in advance for any help anyone can give.

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Guest Aviva Support

Hi djbone,

 

Sorry to hear about this incidence and your experiences to date with Aviva. If you could email me some policy details to [email protected] then i'll happily see what I can do to help you.

 

Steve (Aviva Company Representative)

 

 

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  • 4 weeks later...

My advice to you would be to request all relevant documents,copies of phone calls etc from Aviva under the freedom of information act.It is illegal for them to refuse to comply and costs you about £10.This will include all internal memos between Aviva staff and also with other parties involved with your claim.This will give you a clearer picture of what has been happening with your claim.If you then find you have a case I would issue county court proceedings remembering that you can claim for all costs incurred - phone calls,lost time,travel costs etc.Your not alone Aviva is the the insurance company with the most complaints to the financial Omnbudsman dont take my word google it.

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They're a joke! I wouldn't touch them with a bargepole :roll:

I QUESTION THEREFORE I AM!! [sIGPIC][/sIGPIC]

 

Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you! :p

 

 

I have been smoke-free for 4yrs

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My advice to you would be to request all relevant documents,copies of phone calls etc from Aviva under the freedom of information act.It is illegal for them to refuse to comply and costs you about £10.This will include all internal memos between Aviva staff and also with other parties involved with your claim.This will give you a clearer picture of what has been happening with your claim.If you then find you have a case I would issue county court proceedings remembering that you can claim for all costs incurred - phone calls,lost time,travel costs etc.Your not alone Aviva is the the insurance company with the most complaints to the financial Omnbudsman dont take my word google it.

 

I think you are getting confused here.

Freedom of Information requests are made to public bodies and there is no charge.

You are presumably meaning a SAR under the Data Protection Act.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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just to correct that advice to djbone - Ask for a subject access request under the data protection act 1998 including all copies of phone calls and internal memos etc - you will probably find in these a record of your phone call to the indian call centre and also internal memos between the repairer and Aviva,they have to supply this to you by law it only costs you about £10 and they have to supply it to you in 40 days.The address to write to is The data protection team,Aviva Insurance Uk,Level 2,Pitheavlis,perth,PH2 ONH make sure you send it recorded so they have to sign to say they have recieved it.When I had problems with my claim they said they would look into it but all they do is mess you about for another 4 weeks and then still refuse to pay out.You have more chance of finding out the truth about your claim by doing this than wasting time phoning them.Dont know why they wont pay you out its a fairly straightforward case .Hope you get your £350 - The Aviva tv advert is great buy 10 months car insurance and get 2 months free - they never mention about keeping your excess in the advert they must have forgot to include that bit - have a claim with Aviva its like getting blood out of a stone !

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just another thought djbone you have waited 5 months to get your claim sorted out - you post on 18 Nov and Aviva customer services contact you on the 19th Nov wonder what happened inbetween - must be damage limitation I reckon - if they fob you off again and dont give you your £350 take them to county court.I bet they didnt wait 5 months when your premium was due ?.

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