Insurance Claims Decisions

[P_G]

Just wondered if anyone had any experience of contesting a decision or more importantly the value of the claim made agaiunst them in a fualt claim?

Long story short had a fault incident last November, have only found out today nearly a year later that the claimant is due to be awarded personal injury + incurred anxiety + heads of claim to the tune of nearly £6.5k. Personal injury + incurred anxiety is £4.5k and heads of claim nearly £2k. this of course doesn't take into account third party solicitor costs and disbursements.

My issue is that for supposed concussion and soft tissue injuries plus a slight scar above one eye is this not excessive. But the bit that really gets me is the heads of claim. So can you actually contest the values submitted by the other party as I question the values put down?

One of the claims is for loss of earnings, btu the third party is an NHS employee so they automatically get 6 months full pay sick leave so how has the person lost earnings when they were back at work the week after the incident. It could be fradulent. Then there are physio and medication expenses; well I'm sorry but you get accessd to NHS physio through OT and for the pain it is just analgesia so how expensives can that be? Not £2k worth anyway and I didn't authorise private physio.

Any advice appreciate as this could end in me receiving an overall claim of £10K+ and you can see what that will do to my premiums next year.

[Mr V10]

Did you have legal cover? I would ask them to look into it. Also, say if you were renewing your insurance today. What would you tell your insurance comp out of interest when they asked the value of the claim, as there isn't an option for 'ongoing claim' would you just put it at £10k worst case scenario to be on the safe side?

[P_G]

I have changed insurers in the meantime, went from MoreTh>n to Admiral for a multicar policy. Just said it was a fault claim and ongoing and couldn't provide a value as it had not been decided and they quoted me. Had standard rather than additional legal cover and protected NCD.

[gottanS]

If you suspect that a fraud is taking place I would inform your insurance company and tell them you them you are reporting this to the police. Send the report reference number to your insurance company after you have reported it.

[P_G]

I have asked to see the breakdown of the claim and the medical assessment before acting further. There is reference in it to incurred anxiety, I asked how this could have been assessed some 7 months after the incident and how it took another 6 months to draft and submit the report.

[Steve_C]

Have they made a full recovery? Loss of earnings could cover earnings in future years as well?

Unfortunately it is all too easy to exagerate personal injury claims.

[P_G]

The person was back at work within a week and has been there since so yes. This is the problem, RSA just appear to want to settle the claim for whatever Winn puts through and have not divulged any of the information with me regarding the reports, claims costs etc and I am getting the blunt end of the stick for it. I accept liability but that surely is not a licence to be shagged over a barrell by my own insurer?

[Iain_S4]

About 4 years ago my wife had a claim against her after clipping mirrors. When I later went to get insurance quotes I had to phone her insurer and get a total value for the claim. I was staggered to find out they had paid out in excess of £5K. They had paid out for whiplash (about £1500) to the other driver and for bruising (from his child seat harness) to the groin of the boy that was also in the car (about £700). Remember all that happened was they hit mirrors and there was no significant collision. The insurance company had photos of my wife's car that backed that up but they were not interested.

When challenged the insurance company stated that with more than £700 of damage between the vehicles involved, they will pay out nominal amounts like these rather than get expensive lawyers and doctors involved.

When I had a no fault claim about 3 years ago I was continually asked if I had any personal injury and encouraged to make a claim - I didn't.

[Mr V10]

I often see people here accusing insurance companies of being robbing gits, they aren't. It's them claim today feckers.

[P_G]

But TBH Amar I suspect Insurers help themselves or importantly their customers which is why I asked the question here in the first place. If I have not contacted my insurers to ask them what was going on I doubt I would have heard anything until the claim had been settled and told the settlement value post payment. That appears to be standard policy and surely isn't correct?

You are right in that personal injury claims have just gone silly. I was in a crash some 8 years ago, my car was a write off and sustained whiplash injuries and occassionally get niggles form my neck in cold days but not for one minute after the accident to date did I think I was owed compensation as it has never stopped me from my day to day life. But the slightest scratch, cut or scar and people want £000's which is just not right?

[gottanS]

The insurance companies are 'robbing gits' as qouted above. They just roll-over and let the fraudsters and their lawyers tickle theire tummies whilst the piggy bank is robbed and when it is empty they rob the rest of us to refill it.

I have seen accidents that are blatantly one parties fault end up as knock for knock because the insurance companies can't be bothered to stand up for their insured parties rights and take the easy way out. As insurance is mandatory they take the view no matter what the losses we can recover it next year from people like you and I, they have no incentive to control the cost of claims and even encourage it by passing your details on the jackal lawyers who proceed to rob them.

Dick Turpin would be proud of them..

[Mr V10]

Aviva just rang me, some ba5tards who I literally just scraped at 5 mph in my BMW have put in injury claims in against me, I would without hesitation put my life and my RS6 on the fact they are lying. I'm going to fight this, it's the principle. My insurance company sounded like they wanted to fight it and I have legal cover too. They are nothing but fecking thieves and liars. I was honest enough to admit liability, my tip, in the future don't feckin bother, being honest gets you nowhere and just opens the door for these 'badmans' type of people to 'claim today' hope they get run over by a fecking bus.

[P_G]

Be prepared for the long haul, there is no final decision on mine at it is over a year since the incident which is feckin ridiculous in itself and just bumps up the injury lawyer's fees for the time put in when they have done feck all really.