Swintons deal with AI Claims Solution in the event of an accident

[waveylines]

I am new to your forum and really would appreciate any advice or tips you can give me on the following:-

 

I have been with Swinton Brokers for three years and have renewed my car insurance with them during that period. Last year they renewed it with Aviva at a cheaper price when I complained about the hike in the premium.

 

Two months ago i had a car accident which Aviva judged to be a no fault claim on myside. AI Claims Solution then contacted me initally to arrange hired car but then told me they were taking over the case.

 

I am in a protracted battle with AI Solutions over the poor repair to my car, damage that their network garage caused whilst the car was in their care which i part witnessed and the fact that my car is still unroadworthy as a result of both things. AI Solutions are trying to say all the problems with my car are pre-existing conditions.

 

my car was serviced and MOT 5-6 weeks before the incident. the garage who service my car are prepared to write a letter to say that there were no problems with my car.

 

I had an independent mechanic inspection as agreed with AI Solutions -who knew who ( reputable national firm) was doing it and on what date. They are not happy with the inspection result and are still refusing to repair the damages as listed.

 

I contacted Aviva who refused to intervene even though my insurance policy is with them and have now informed me that they had not directed AI Solutions to take over my case. The third party in the car incident are also with Aviva.

 

I have contact Swinton Brokers who have explained to me that AI Solutions are part of the insurance deal that I took out and Aviva underwrite them. Swinton Brokers have refused to get involved at all and their head office whilst talking to me told me they had emailed my local broker with instructions of what to do. Turns out those instructions were to do nothing that it is up to AI Solutions.

 

I have legal protection with my car insurance package. Legal Advice i have now found out is on the same tel number as for AI Solutions and I can only have access to it when AI Solutions agree to it. I spoke to the legal firm about my situation who sought permission from AI Solutions to advise me. It was denied.

 

AI Solutions told me that the other party had taken full liability for the incident ( in writing) but when I talked to Aviva they told me that the third party are contesting it and seeking a 70/30 result. i have reported this to AI Solutions who have told me they are going to contest it.

 

AI Solutions have told me they have not received my incident form twice now and have asked me to refill the form in for a third time -I will and send it by recorded delivery this time!

 

I have been emailing AI Solutions complaints department where I had lodged a formal complaint. they will verbally tell me one thing but when I push them they write something completely different. They have written that the independent garage inspection that i had undertaken with their agreement and knowledge is not independent because in their eyes the garage have included items on the inspection that are not a direct result of the accident. I have notified the garage who undertook the inspection They are not happy and will be contacting AI Solutions about their allegations.

 

I have written to Ai Soutions staitng that i am concerned that AI Soutions have a conflict of interest due to the fact that they are also responsible for the garage that casued further dmage. Avia have a conflict of interest as bothe aprties i nthe incident are insured with them -so all the costs will go to Aviva.

 

i contacted the Ombudsman who gave me a reference number and I have notified AI Solutions and Swinton Brokers of this fact.

 

Now AI Solutions have agreed to:-

Another garage of my choice assessing my car for the reason why it is still pulling to the left; replacement of 2/4 tyres as their own network garage drove my car constantly miles and miles from the scene of the accident repeatedly and have damaged the tyres - they also swopped the tyres round hence damage to all four. They have also agreed to repair two other items listed on the inspection report.

 

I am still driving a hired car.

 

I have asked in writing for AI Solution to tell when they will be completing the repairs on my car, including all works as detailed in the independent inspection report that they have a copy of ple the replacemt of all four tyres that are damaged. I have a feeling they won't do it all. The garage who is doing the repairs has promised to keep me closely informed.

 

I understand that AI Solutions, Aviva, Swintons Brokers and Silver Back Rymer (legal firm) are all a part of Quindells.

 

Where do I stand with the Ombudsman if only part of the repairs are undertaken but not all?

What other actions should I be taking?

 

Really would appreciate any advice that you can offer. Many thanks.

[unclebulgaria67]

I think you are putting in a sterling effort to sort this out and if you continue to do so, should sort this matter out in the near future. You could threaten to involve the media and make contact with BBC Watchdog and BBC radio 4 Moneybox.

 

Your car should be put back to the same condition it was prior to the accident and the FOS will look at all of the information put to them, to make sure this happens.

 

A word of caution about the hire car. If you have signed an agreement for this, make sure you are not liable for any amount that the third party Insurers refuse to pay. I think this could well be your next problem, as the third party Insurers will say that they should not be responsible for a longer hire period, caused by problems with your own Insurers. Even though both Cars were Insured with Aviva, they act as if two different companies were involved. Silly, but I have heard of this situation arising before.

[waveylines]

Thank you for your feedback. The hired car that AI Solutions have given me in the last two weeks was on the basis that I would not have to pay for it whilst they are sorting out my complalint. I do have this in writing from them but thankyou for the warning. They have already informed that they will not be able to claim all costs from Aviva and will have to absorb some costs themselves.

 

They are now insisting that they undertake another inspection with an engineer of their choice to deem whether the damage is accident related and are still arguing that the other issues raised on the inspection report could have just 'happened' in the intervening 5-6 weeks! I have said that the law of probablity would indicate that this is unlikley given the short period of time imbetween the two inspections and the incident.

 

I have also said that there is the question of accident damage and damage as a result of their network garage actions.

 

I have reminded them that they had already agreed to an independent report to serve as determining what needs to be done to the car and that I expect them to honour this.

 

Their delaying tactics will be incurring huge hire car costs -it would have been much cheaper for them to have undertaken the repairs even more so if they had sent my car to the garage of my choice in the first instance!

 

I will only communicate in writing -if they phone me I write back to them confirming what they have spoken to me about.

 

I feel really angry at the way I have been treated and their ongoing determination to try not to take responsibility for repairing the problems with my car.

It has taken hours of my time to deal with them and to challange their actions -or lack of.

 

The tow truck has taken my car away to the garage that I have agreed to (not part of their network) and I got the disticnt impression from the driver that they were very 'familiar' with the particular network garage my car had been sent to. Hmm.

 

I will definately bear in mind contacting the media if this continues and letting them know of my intention -good idea! Thankyou.

[dacouc]

[quote=waveylines;4245332

 

I understand that AI Solutions, Aviva, Swintons Brokers and Silver Back Rymer (legal firm) are all a part of Quindells.

 

Where do I stand with the Ombudsman if only part of the repairs are undertaken but not all?

What other actions should I be taking?

 

 

Aviva have no connection with Swinton apart from Swintons being an agent to whom Aviva pay commission when Swinton place business through them.

 

AI claims are likely to have paid Swinton a commission of circa £300 for passing your business to them for the expensive hire car and possibly circa £700 for each injury claim.

 

Aviva are not part of the same group as Swintons or Quindell.

 

When an Insurer receives a claim involving two or more of their clients they hand each file to separate claims handlers who deal with each claim as if they are not part of the same company.

[waveylines]

Thank you for the info. I was obviously mis informed by Swintons. Quindells do own A I Claims Solutions. -have checked but I also looked to see who underwrote AI Clims Solutions but can't find any mention of Aviva underwriting them. I think Swintons must have meant what you have explained. Thanks that is much clearer.

 

Why is it then that Aviva who is my insurance company will not talk to me? AI Claims Solution have emailed me to say that Aviva are talking to them though.

 

I have made some progress -Ai Claims Solution have agreed to repair part of the list of works from the independent inspection they agreed for me to have carried out - repairs to be done as a good will gesture and have agreed to replace all of my tyres. However they are saying if i am not happy with this then they want another report -an independent engineers report who is not part of a repair garage who is recognised by the insurance industry to report on accident repairs necessary....they have not and will not include damages to my car by their own garage in their brief for this inspection. I am obviously not happy about this. Seems Ombudsman may be my only route.

[dacouc]

Swinton staff tend not to have a great knowledge of Insurance and are more sales orientated staff so often confuse customers either intentionally or unintentionally.

 

AI claims are a claims management company, they are not an Insurer and as such are not underwritten.

 

They tend top operate by gaining "customers" either via insurers, agents eg Swintons, garages or sometimes emergency services.

 

Commission is normally paid to the introducer as the claims management companies generate large fees through inflated credit hire charges and / or injury claims.

 

It sounds like AI have arranged a credit repair, this in effect means you sign a credit agreement for the cost of the car repairs, the repairer pays AI circa 10% commission and AI pursue the costs from the other Insurer.

 

They are often not regulated by the Financial Ombudsman.

 

As your car is not being repaired by your own Insurer eg Aviva this is why they are not / cannot help you.

 

Claims management companies often delay the repairs of cars as it means you're in an expensive hire car for longer.

 

If your car had been repaired by your own Insurer they are responsible for ensuring it's repaired correctly and you would have recourse to the Ombudsman should you still not be happy, the repairs are often carried out far more quickly.

[jadewhite]

Hello, I am new to this site and blogging in general, so forgive me if I am going about this all wrong.

I found your post interesting as it is very similar to the issues I have had dealing with AI Claims and am very curious about whether or not you resolved them and how you went about it.

My camper was hit by a car whilst parked on 4th July and my insurance company referred me to AI Claims. Since then I have had nothing but trouble and the stress is affecting me physically. I finally got the camper back after months of being told lie after lie by this company, 2 weeks ago and it is not roadworthy. Aside from the battery being dead from lack of maintenance for such a long period, it is pulling sharply to the left (This wheel that was hit by the car and I was told that the tracking was being done as one of the reasons for the many hold ups)

AI claims have decided that these problems are nothing to do with the accident and are therefore my responsibility.

There was substantial damage to the left front of camper and it was hit so hard that the front wheels were left pointing in different directions, so I fail to see how that is the case.

I am at my wits end on where to turn next and would greatly appreciate any advice you could offer me. Is there a governing body that could help me?

Jade