Direct Line insurance...how do I fight my insurance company?!?

[C_Claycomb]

If you are thinking of using Direct line car insurance, don't do it!

I have car insurance with Direct Line and following an incident a couple of weeks ago I believe that they do not have my interests at heart. In fact, I believe they have a conflict of interest as both they, and NIG, the insurer of the vehicle that caused the accident, are owned by Royal Bank of Scotland. I only learned of this link, which I would have assumed to be too tenuous to matter, when a third party charged with providing a like-for-like courtesy car informed me they were dropping the case since for Direct Line to claim money from NIG it would be “like them claiming money from themselves”.

If that’s a big enough issue to stop a courtesy car deal, I reckon its big enough to mean that they aren’t all that bothered about pursuing my claim either.

How can I get justice? How can I fight this?

On the night of Thursday the 26th November my car, along with two others, was hit by the drive shaft of a lorry travelling in the opposite direction. NIG, the lorry’s insurer have admitted liability for the first car their part hit, but Direct Line have stalled, played dumb, prevaricated, omitted facts and led me to believe that no such admission has been made, or is likely to be made. To the contrary, from the start they have told me that I am probably going to be liable!! :yikes: The more I hear the more I think that they have decided the matter from the start.

What came bounding down the road at us. The other end, with femail spline and joint was also in the road, but we all just missed it.


So, what am I liable for?

Well, first there is the £160, that I was initially told that I would be able to claim back, which was charged by the garage the RAC took me to, before my car was transferred to Direct Line’s approved repair centre.

Then there is my £250 excess.

Of course, if I make a claim then the accident was my fault, so the protection for my no-claims is wiped out for the next six months and my premium will go up by about £250, so said my Direct Line. I should point out that the three cars involved didn't hit each other or anything else beyond the trucks drive shaft.

What of the repairs, well, while one of the other drivers has had a nice high spec car to drive, and will get his Audi back at the end of this week, Direct Line’s inspection engineer (who I was told was full time at the repair centre) has only just today looked at my car, they have had it for over a week! The repair centre says that the first parts will take 2-3 days to get, they will want to try them, then think about whether to carry on. Nothing takes 2 days!! The first garage the car was at had the first parts on order by 10am of the day after the incident and said they could affect repairs the same day. Further repairs to my car at the repair centre will last into next week, at least.

Shame Direct Line only grant a courtesy car for two weeks! So that’s another £130 I will need to find for a rental car while the approved centre drag their feet some more.

So £540 straight away, assuming that the repairs do only take another week, and another £250 in six months, the exposure of my NCD, and a black mark on my record just as if I had caused an accident through my own negligence.

To say that Direct Line have lost a customer is an understatement of how I feel.

Anyone got any good suggestions as to how I can fight this?

 

[sapper1]

ombundsman

 

[timboggle]

Chris, can't you refer it to an omnbusman type organisation, regulator or something ???

 

[bushwacker bob]

I can't offer any advice as to where to take it, but that is a pretty poor, if not criminal way to run a bussiness. I have heard that in the 'current situation' insurance companies are trying to side step their liabilties and most would just put it down to experience and not try to fight it. I wish you luck and keep us informed on how you get on.

 

[C_Claycomb]

Direct Line complaints page says:

If you are unhappy with our decision, or if we do not complete our investigation within 8 weeks, you may refer your complaint to the Financial Ombudsman Service (FOS) which, once contacted, will liaise with us on your behalf. The FOS will inform you directly of its decision. Referral to the FOS will not prejudice your right to take subsequent legal proceedings.

I was hoping for a stick to beat them with that would be scary enough that I wouldn't have to come up with £540+ right before Christmas

This is probably the route I will have to take but a couple folk have suggested getting independent legal advice right now, rather than waiting. Not something I have ever needed, or even researched, don't know where to start

 

[Toddy]

Might be an idea to contact Citizen's Advice. You're most certainly not the first person to run foul of this lot and their creative assurances.

Hope it sorts out in your favour and quickly.

On another note, it's worth while contacting DL and getting a name from the person you are speaking to. Ask their position and then say they're obviously not senior enough to make these decisions. Ask the name of their supervisor, and speak to them.
Most of the clerks aren't qualified in any way these days. They just answer phones and click keys.
Pester the Claims Adjuster, and yes, contact the Insurance Ombudsman service for advice, now.

cheers,
M

 

[EdS]

did you contact the police about the RTA at the time? A prop shaft going like that indicates an unroad worthy vehicle. Yes the do do but they shouldn't get flung down the highway.

I've broken a few on Landies and one end stays attached rather than it all flying off - don't half make a hell of a banging on the chasis though.

 

[Matt Weir]

Hope things work out for you Chris.

 

[Shewie]

The whole thing stinks to me. Surely two drivers who have insurance with the same company have accidents everyday ? Are they saying they wouldn't pay out in those circumstances ?

Citizens Advice, motoring lawyer or ombudsman I'd say.

I certainly wouldn't be paying out for anything.

 

[Rob]

Sorry to hear that Chris.

I have been having a battle with Zurich - who I must say are serioulsly poor on the customer focus front - not to mention Nationwide Crash Repair Centres - who are a bunch of incompetent muppetts who dont know what they are doing and have bodged work. AT the moment they have sent me a cheque and are hoping that I will go away quietly - not likely.

I am happy to say that in the hope that they do notice and take offence.

I would speak to the insureres and get the name of their MD - or CEO (whatever they have in that company). They have to provide you with name and contact ddetails - it is the law. If you can get phone or email then great, but post is often better.

Write and tell him that you are miffed and explain that you are about to hit extra costs because of the expiry of the replacement car - caused by "HIS" approved repairers not starting work fast enough. You cold ask whether there is a Service Level Agreement in palce for approved centres - as if they are always slow then there is bound to be a cost to the insurers for car provision - time after time.

You get the idea for the other stuff. But, print your letter on photo paper. Send recorded del (or splash out on Special D). Mark the envelope "strictly private and confidential" Trust me - his secretary wont open it for him.

Legal advice - it is pretty cheap to have a consultation with a solicitor. You might want to talk to trading standards first though - as they might be able to advise for free.

 

[Dexter]

This is definitely a matter for the ombudsman. It may take a while and you may have to fork out the cash up from, but it's what they're there for. Best of luck.

 

[Tony]

Police report
Ombudsman
Citizens advice
Solicitor

You are legally allowed to appoint your own solicitor etc. No fee no win etc Go see them, give them the pictures, police info (or they can request it) and they'll decide if they can do anything with it.

 

[Toadflax]

I would go along with Rob. If you haven't done so already, write a firm but fair letter to their customer service people (at the very least) or the MD if you feel you want to go that high.

I had an incident about 5 years ago where my insurer were dragging their heels and being generally inefficient. A letter to customer service got me much better service and a reasonable lump of compensation over and above the insurance payout (amounting to the equivalent of about 1 1/2 years of premiums). You may well just have a disgruntled clerk who is handling your case.

I have to say I had very good service from Direct Line about 10 years ago when they wrote off my car for economic reasons and paid me more than I had paid for the car a couple of months previously.


HTH



Geoff

 

[Ogri the trog]

I feel for you Chris.
From bitter experience, any insurance claim is a blasted nightmare, whether you come out fully compensated or not.
I hope you get some satisfaction soon.

ATB

Ogri the trog

 

[C_Claycomb]

For info, I tried Citizen's advice yesterday. Useless in this case, not something they handle. Debt, divorce, redundancy is more their bag.

Police were called to the scene. I do not believe that Direct Line have ever contacted them. They made up some story about it costing £80 for a police report and that they weren't going to do that. The other guy's insurance contacted the police the day after the incident.

Rob,

What's a Service Level Agreement and how does it play into this situation?

Hey, anyone got any suggestions of researching a solicitor?

All the ones I have looked at that say they handle motor vehicle stuff only appear to be interested if you are swaithed in plaster casts, or hearing bells/seeing bright lights or something.


Thanks guys! You have helped my blood pressure already!

 

[scrogger]

Chris in cases like this the two insurers (owned by the same outfit ) would usually cover 50% of the costs each this is what happened in a similar case one of my clients had about a year ago.

In the first instance (not sure if you have done it yet) you should send a formal letter of complaint highlighting your particular grievances and give them 7 days to reply.

In this time I would gather as much information about the accident as you can even a small add in the local paper etc and start a file off for your case. check you household policy to see if it has free legal protection cover thrown in a lot of people forget this.

If not No win No fee may be the route. A mate of mine is a Solicitor dealing in cases such as this I will give him a bell and see what he suggests.

Hope you get sorted though.

Andy

 

[Bootstrap Bob]

Chris,

I had my Landrover stolen and the insurance company claimed they had no record of all the off road equipment fitted even though I had declared it all.
I went straight to my financial ombudsman and after providing photographic evidence the insurance company finally gave in and offered me more money. This would be my first port of call if I were you.

Good luck.

 

[andythecelt]

In my experience CAB advice is flawed. They mean well but essentially you're getting legal advice from a lay person. Either appeal to the insurance ombudsman (Direct Line is obligated to send you details of how to appeal) or appoint a solicitor to write a letter threatening action. Usually the ombudsman route is cheapest and most effective.

 

[Rob]

Service Level Agreement (SLA).

The odds are that part of the process that led to the insurance company "approving" the repair provider included some form of agreement on the level of service to be provided.

This could include turnaround time - or at least timely actioning. It will certainly cover complaints actioning (you have one ref the time being taken) and all sorts of quality related and competence stuff.

It does sound that you are not being treated well and that the financial climate is being used as an excuse. This should not be the way that the insurers operate.

I would have a word with Trading Standards - you should be able to give them a bell and they should be able to point you in the direction (ombudsman etc).

 

[QDanT]

did you contact the police about the RTA at the time? A prop shaft going like that indicates an unroad worthy vehicle. Yes the do do but they shouldn't get flung down the highway.

I've broken a few on Landies and one end stays attached rather than it all flying off - don't half make a hell of a banging on the chasis though.

Back in the days of 75p per gallon when I had a 2-1/4 petrol lightweight Landrover 3 days after failing the MOT for a scratched windscreen then passing it on replacing, the back harley splicer joint on the rear prop shaft failed on the motor way, must have given the following cars a good shower of sparks as the propshaft dragged along the road. Pulled over susted why I'd no drive, tied propshaft up put it into x4 wheel drive engaged front hubs and drove home to fix, x3 of the bearings shiny x1 oblong and rusty, and complain at MOT garage next day to be told that Prop shaft is not part of MOT check---Don't know about now a days though ?