Hastings keep changing the goalposts

[Blondmusic]

I am having nothing but trouble with Hastings Premier on behalf of my Stepson regarding a false claim made against him in August 2014.

 

Hastings wrote to my stepson in Early September 2014 stating there had been a claim made against him. No details of where it happened or the times. My stepson then telephoned Hastings where they took a statement for him over the phone. He stated his car had been left (15 miles away from home) where he works as an apprentice. His employer loaned him a car to allow him to get home.

 

Hastings then wrote back in January asking how the Third Party had got his details and also requested proof that his car was left at his work placement. My stepson's employer very kindly wrote a letter stating that the car was left overnight at his premises. This was sent to Hastings by recorded delivery in February 2015. I then telephoned Hastings myself (my stepson gave authorization for them to speak to me) asking if they had received the letter which they confirmed they had and I plugged them for information about where the incident happened and the time which they finally gave me (this was 5 months after they first wrote to us).

 

I have had to continually chase them up by telephoning twice a month asking for updates. I ended up giving them my email address and told them to contact me.

 

I received an email yesterday stating that they have recorded the date of the alleged claim as incorrect and have now given another date. They have given us 14 days to provide evidence that my stepson was not involved or they are going to pay out the claim.

 

So after 9 months of claiming that it happened on a certain date they have now changed the date. I think it is ridiculous that they now expect my stepson to remember what happened 9 months ago.

[unclebulgaria67]

Think it is time to register a formal complaint in writing by recorded delivery to Hastings Head of Claims and to also register a Data Protection Subject Access Request ( include £10 fee) for all of the claim information (minus redactions third party name/address) I think they should disclose full information about the location of the accident, third parties vehicle details, date of the accident, what the allegation of the accident is etc.

 

Advise Hastings that whilst the Insurance policy delegates them the right to deal with third party claims, it does not give them the right to deal with a claim, where it is disputed that any accident happened and then not providing any information about what is alleged, so it can be challenged.

 

Do this ASAP and see how they reply. There is no reason for Hastings not to supply as much information as they have got. If this went to a court, you would have the right of disclosure so that you were aware of what was alleged.

 

Cannot see any other way of dealing with this. It is not unknown for third party drivers to make mistakes eg. wrong registration number provided, so wrong vehicle indentified.

[Blondmusic]

After speaking with my stepson he thinks he was at his mothers that weekend. He going to double check his calendar from last year when he gets in.

 

I have already complained by email but I will follow it up in writing along with a SAR this week.

 

My stepson has been paying an increased premium all the time that this has been going on and Hastings have also removed his 2 years no claim discount he had prior to this claim being made.

[unclebulgaria67]

After speaking with my stepson he thinks he was at his mothers that weekend. He going to double check his calendar from last year when he gets in.

 

I have already complained by email but I will follow it up in writing along with a SAR this week.

 

My stepson has been paying an increased premium all the time that this has been going on and Hastings have also removed his 2 years no claim discount he had prior to this claim being made.

 

It is a lesson to anyone in this situation, is to get the complaint in and the SAR as soon they are made aware of a third party allegation of accident they don't think they had. Don't leave it for months to deal with, as time goes by and you may not remember. Also once you have the information, you may well be able to prove you did not have the accident.

 

I have read another thread on CAG, where an accident happened in part of the country where they had never been to. Mistakes happen.

[Blondmusic]

Thanks. I have got the complaint drafted, I have an SAR template on my PC at home and I will get that printed off ASAP.

 

We did prove that the car was at his placement, thanks to his boss providing a letter, on the date they originally gave us. Hastings have made the mistake of recording the wrong date but they have now said it happened 10 days later.

[unclebulgaria67]

Thanks. I have got the complaint drafted, I have an SAR template on my PC at home and I will get that printed off ASAP.

 

We did prove that the car was at his placement, thanks to his boss providing a letter, on the date they originally gave us. Hastings have made the mistake of recording the wrong date but they have now said it happened 10 days later.

 

Probably a Supermarket car park somewhere. Allegation of your step Son hitting another car and then driving away. These are fairly common allegations.

 

I should have added, that you could ask for details of any witness statements that the third party has obtained and supply these with any redactments required.

[Blondmusic]

It allegedly happened in the next street which he has never had any reason to drive there. Hastings say no witnesses to alleged incident.

[Blondmusic]

I got on the phone to Hastings claim department yesterday again. They refused to accept a statement from my Step-son's mother saying she would be biased and they want independent witnesses as to where he was. On the other hand they did say to send them any photo's we had of the car prior to the alleged incident date which we found on my Step-son's Facebook page. When I looked at them it does look like the front bumper has been pushed in. I also did a screenshot of the date these pictures were uploaded to Facebook.

[unclebulgaria67]

I got on the phone to Hastings claim department yesterday again. They refused to accept a statement from my Step-son's mother saying she would be biased and they want independent witnesses as to where he was. On the other hand they did say to send them any photo's we had of the car prior to the alleged incident date which we found on my Step-son's Facebook page. When I looked at them it does look like the front bumper has been pushed in. I also did a screenshot of the date these pictures were uploaded to Facebook.

 

Ask your Step Son whether he would be willing to go in front of a Judge in a court and make a statement that he never had any accident in the next street and is not aware of his car being involved in any accident.

 

I am not doubting your Step Son, but sometimes people can be forgetful or someone else drove his car on the day in question and managed to have an accident. Perhaps the other person did not have a licence and/or no Insurance to drive the car, therefore they do not wish to get them into trouble. They may have taken the car without your Step Son being aware of it. I speak from personal experience, as a friend of mine when I was a teenager, use to borrow his Mums Mini to drive to the local shops, when he had not passed any test and did not have any Insurance to drive the car..

 

If the frontbumper damage cannot be explained, you may just have to accept Hastings dealing with the claim on the basis that it is not possible to dispute the third party claim.

[Blondmusic]

Looking at the picture from when we originally bought the car the bumper does look pushed in. Step-son says he has a memory card in his old phone with pics of the car on it so he going to have a look and try to find more pictures.

 

No-one else drives his car. His mother lives approximately 13 miles away from us in another town. He has visited his mother every fortnight since he passed his test and got his first car 3 years ago. Yes he would be willing to make a statement in front of a judge.

[unclebulgaria67]

Looking at the picture from when we originally bought the car the bumper does look pushed in. Step-son says he has a memory card in his old phone with pics of the car on it so he going to have a look and try to find more pictures.

 

No-one else drives his car. His mother lives approximately 13 miles away from us in another town. He has visited his mother every fortnight since he passed his test and got his first car 3 years ago. Yes he would be willing to make a statement in front of a judge.

 

Would you step Son making a statutory declaration make any difference ?

 

I cannot see why Hastings would pay out, when there is no evidence. I just do not understand it.

[Blondmusic]

Well we are still having a carry on with Hastings.

 

It has now been over a year and we are still no further forward. I sent the pictures to Hastings showing that the car already had front impact damage when it was bought. Hastings have passed several thousand disputed claims onto a company called C&S. I have had to chase them for updates several times and finally received an email back today as follows,

 

We have been in contact with the third party representatives who have reviewed the images you provided but their position remains the same. They do not believe the images prove anything and would need further evidence to suggest Mr XXXXXX was not involved.

 

We have requested the other parties repair documents and images to review and we will return to you shortly.

 

I am getting an SAR into Hastings this week.

[unclebulgaria67]

Well we are still having a carry on with Hastings.

 

It has now been over a year and we are still no further forward. I sent the pictures to Hastings showing that the car already had front impact damage when it was bought. Hastings have passed several thousand disputed claims onto a company called C&S. I have had to chase them for updates several times and finally received an email back today as follows,

 

We have been in contact with the third party representatives who have reviewed the images you provided but their position remains the same. They do not believe the images prove anything and would need further evidence to suggest Mr XXXXXX was not involved.

 

We have requested the other parties repair documents and images to review and we will return to you shortly.

 

I am getting an SAR into Hastings this week.

 

Well i would suggest that it is time to tell the third party to 'put up or shut up' i.e for them to issue the court claim against your step son and he will defend it, holding the third party to strict proof. Suggest to Hastings that they do this or provide the third parties address for him to send the letter.

 

What evidence has the third party provided ? An SAR is needed for a copy of all the claims information to see what they have been sent.

[Blondmusic]

We haven't had any evidence from the Third Party as yet. I emailed them back telling them I wanted strict proof from the Third Party that my stepson was liable.

 

Definately going for put up or shut up and sending SAR asap

[ericsbrother]

I bet the third party bashed into a gatepost or the like, looked around locally for a car with a dent and then chose that one as being the vehicle which caused the damage. If the claim is for a smallish amount (up to £4000 in some cases) the insurance company will just settle rather than fight the claim in court. Both my daughter and myself have suffered such types of claim, the amounts being around £1000+ but the insurers didnt ask for evidence of damage or repair, photographic evidence (which I had via in-car camera) or for rebuttal statements for the claims. They complain that fraud is costing them fortunes but they collude in it and do nothing to stop it at the lower end of the financial scale. Sometimes just asking the repairing garage for the replaced parts (they would belong to the insurer by now anyway) would stymie a lot of claims where no work was actually done or was unnecessary.

In your case inspection of the damage on the claimants vehicle would determine whether the impact was with your stepson's car (or at least a similar one) or something completely different. Inspection of the scene would also throw up paint flecks that would show what was there. I would bet that if that had been done soon after the supposed event no bits of paint or plastic would be present because it didnt happen as claimed.

[Blondmusic]

Thank you Ericsbrother.

 

We feel that Hastings are just messing around and are going to pay the claim out regardless of what we do. I will ask them if an inspection was done and if there were any flecks of paint on their car.

 

Unfortunately we no longer have the car my stepson was driving at the time of the alleged incident. He traded it in for something newer and he now has a dashcam fitted.