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Data Protection Gone Mad


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Just over a year ago my wife was driving me into town in her car on a day when the ground was snow covered. My wife stopped at the foot of a hill when she saw that a car half way up the hill had stopped and was clearly in difficulties. The car then began to slide back down the hill very slowly and with cars behind us, my wife had no way of moving out of the way. The sliding car came to a halt when it bumped into our car. Driver admitted fault and exchanged details.

 

A few days later got the go-ahead to have the car repaired and paid the £95 excess to the repairers when the repair was complete. Contacted wife’s insurance company to ask how to reclaim the excess and was told that we would have to reclaim from the other drivers insurance company which they said was Aviva. Aviva was not the insurance company named by the driver.

 

However, phoned Aviva and because they said that the details we had provided were wrong they would not discuss the case and that we should again contact our own insurance. And yet we had provided the drivers name, the registration, phone number and the other relevant details as given by the driver.

 

Contacted our own insurance again by email to verify or correct the details of the other driver and were shocked when they replied that because of the data protection act, the could not provide the other drivers details. Phoned the Ombudsman and was told that he could not understand why they would not provide the details because these were the details that were required in an RTC and in any case could be accessed online. Own insurance wouldn’t budge.

 

Just received our insurance renewal which logs the bump as being my wife’s fault.

Data protection has indeed gone mad. Aviva wouldn’t discuss because we gave the wrong details and our own insurance wouldn’t provide the details either because of data protection. Any advice?

Edited by honeybee13
Paras
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Well I suppose it's going to be a bit complicated. I suggest that you contact Aviva in writing with the driver details and make the claim. Make it clear in the letter that these are the details which have been provided by your own insurer and give your own insurer's name and policy number.

 

The point is to get a written response from Aviva telling you that you have the wrong details. At that point you should contact your own insurer in writing and tell them that they have given you the wrong details and you want the right details. See what they say in writing and then come back here.

 

After sending a letter, you should wait no more than seven days before sending a follow-up. If you are able to do this by email then so much the better.

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In your initial post you say that the drivers exchanged details. Do you still have the paper on which these deatails of the other driver were noted and did these include the insurance company and policy number?

 

Were these details the same as those that you subsequently obtained from your own company?

 

I am have difficulty understanding why you are doing the running with Arriva when it is your insurance company who should be claiming the repair costs from the third party. They should also be assisting you in recovering your excess and any other expenses to which you have been subject.

 

It is not unusual for claims for repair on your vehicle to result in a 'fault' claim on renewal, until such time as their costs are met by the third party.

Edited by Gick
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My time as a Police Officer and subsequently time working within the Motor Trade gives me certain insights into the problems that consumers may encounter.

I have no legal qualifications.

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The only detail our insurance provided was that the other drivers insurance company was Aviva. They claimed that they could not provide the rest because of data protection. Aviva claimed that the details I provided which the driver had supplied did not match their details and therefore they couldn’t discuss the matter further. I still have the piece of paper with the drivers details minus the policy number which he never provided. He also gave the wrong insurer.

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Have just discovered that our insurance company closed the case months ago and now it’s too much hassle to continue. That said will take up with Aviva in the belief that the wrong details were given by the driver. Thanks for the input guys.:-)

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If he did not provide the policy details and the company name is in question, you could report this to the police as failing to provide details after an accident. Although it is twelve months ago, they may follow it up as it is possible that he was NOT insured and also provide a reference number for your insurance company to support your claim against the third party.

 

You need to push your insurance company.

My time as a Police Officer and subsequently time working within the Motor Trade gives me certain insights into the problems that consumers may encounter.

I have no legal qualifications.

If you have found my post helpful, please enhance my reputation by clicking on the Heart. Thank you

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Our posts crossed.

 

If your insurance company closed the case without reference to you, the only hassle that they will have is from the Insurance Ombudsman if you are minded to pursue it. As you will have increased premiums for some years because of this claim it would be worth your while threatening to report them unless they reopen the claim!

My time as a Police Officer and subsequently time working within the Motor Trade gives me certain insights into the problems that consumers may encounter.

I have no legal qualifications.

If you have found my post helpful, please enhance my reputation by clicking on the Heart. Thank you

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you can check the insurance details of the other party here:

 

http://m.askmid.com/mt/www.askmid.com/mobile/

 

however the problem seems to be aviva trying to wiggle out of the claim by mentioning the dpa.

in reality you don't need the driver details, aviva would have to cover even if the car had been stolen.

your insurance is also playing dirty by upping your premium for a non fault accident because they don't want the hassle to deal with aviva.

i would write to your insurance reminding them that they must pursue a refund from aviva and if they don't it's their problem.

the accident must be recorded as a non fault and zero cost so the premium should increase only by a bit.

also give trouble to aviva, but don't insist on knowing who the driver was, but telling them that they must meet their legal obligations as the vehicle's insurer.

if they don't bulge ask for a final decision and go to the ombudsman again.

if they don't reply within 8 weeks go to the ombudsman, that will cost them.

if you don't get any joy after going to the ombudsman, repeat the process again so they can waste more money.

both insurance companies are at fault here for not dealing with the matter.

remember, it doesn't matter who the driver was, so don't ask again.

you need to concentrate on getting aviva to cover your entire claim so your insurance premium can be reduced.

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