Independent loss assessor

blacklilly

Hi All,

Recently involved in a car accident which I am disputing any liability for.

Don't want to go into details about it.

Both vehicles are insured by same insurance company and insurers are claiming that I am responsible.

Damage is not huge here but as a point of principal I'm not letting this slide.

Can anyone recommend an independent loss assessor who they've used before?

Thanks in advance

NUTLEY BOY

blacklilly wrote: »

Hi All,

Recently involved in a car accident which I am disputing any liability for.

Don't want to go into details about it.

Both vehicles are insured by same insurance company and insurers are claiming that I am responsible.

Damage is not huge here but as a point of principal I'm not letting this slide.

Can anyone recommend an independent loss assessor who they've used before?

Thanks in advance

Some assessors deal with the measurement of quantum e.g the proper cost of repairing your car. Some assessors investigate liability type claims to try and assess the issue of fault. Some do both. I say this so you may be sure about what you need.

Offhand, I am not sure that an assessor could really be of help to you. On the basis of the limited information in the query I assume that this is a case of conflicting evidence as between the parties. If so, that can only be definitively resolved in court.

In relation to insurers I would have an objection. The insurers are conflicted in that they indemnify both parties and should not - IMHO - sit as the judges of the issue. I had this one out years ago with an insurance company so the principle that they adopted was to offer each motorist 50 / 50 settlement or else allow the matter to proceed to hearing.

BTW what is the point of principle involved ? Do you consider that their reading of the issue of fault is wrong ? If so, a court is the only place to resolve that.

blacklilly

NUTLEY BOY wrote: »

Some assessors deal with the measurement of quantum e.g the proper cost of repairing your car. Some assessors investigate liability type claims to try and assess the issue of fault. Some do both. I say this so you may be sure about what you need.

Offhand, I am not sure that an assessor could really be of help to you. On the basis of the limited information in the query I assume that this is a case of conflicting evidence as between the parties. If so, that can only be definitively resolved in court.

In relation to insurers I would have an objection. The insurers are conflicted in that they indemnify both parties and should not - IMHO - sit as the judges of the issue. I had this one out years ago with an insurance company so the principle that they adopted was to offer each motorist 50 / 50 settlement or else allow the matter to proceed to hearing.

BTW what is the point of principle involved ? Do you consider that their reading of the issue of fault is wrong ? If so, a court is the only place to resolve that.

Thanks NB.

Yes I am of the view that the other driver has not provided an accurate statement of account and has falsely accused me as being in the wrong.

The loss assessor engaged by the insurance company has stated that the other drivers version of events explains the damage caused more accurately than my version.

I am without doubt not liable for this and am beyond frustrated with the situation I am in.

I feel like I'm fighting a losing battle with this.

Sue Pa Key Pa

OP, you situation is more common than you would think. 2 parties giving their respective insurers a different account of what happened. In the absence of witnesses or dashcam footage, the only thing that is left is assessing the probability of what happened.

You say the assessor for your insurer is favouring the 3rd party's version. Are you talking about the claim handler or the motor engineer, who would have examined the impact points of each vehicle and put them in to the context of the location?

Your insurer is obliged to tell you the specific reason why they favour the other side rather than just say they do. Having said that, it is a condition in every insurance policy that the insurer reserves the right to handle a claim as they deem appropriate. Unless you can provide additional physical evidence or a witness, you are at nothing I'm afraid. Despite what people think, Insurers love to obtain something concrete to refute a claim rather than just settling up. However, they also know when the game is up and they need to get out for as little as they can. I know it is too late for this one, but a Dashcam is the best way to go

blacklilly

Sue Pa Key Pa wrote: »

OP, you situation is more common than you would think. 2 parties giving their respective insurers a different account of what happened. In the absence of witnesses or dashcam footage, the only thing that is left is assessing the probability of what happened.

You say the assessor for your insurer is favouring the 3rd party's version. Are you talking about the claim handler or the motor engineer, who would have examined the impact points of each vehicle and put them in to the context of the location?

Your insurer is obliged to tell you the specific reason why they favour the other side rather than just say they do. Having said that, it is a condition in every insurance policy that the insurer reserves the right to handle a claim as they deem appropriate. Unless you can provide additional physical evidence or a witness, you are at nothing I'm afraid. Despite what people think, Insurers love to obtain something concrete to refute a claim rather than just settling up. However, they also know when the game is up and they need to get out for as little as they can. I know it is too late for this one, but a Dashcam is the best way to go

Thanks for the information.

In this case both myself and the other driver are with the same insurer.

As I mentioned above, I don't want to go into specifics here but I cannot understand how any assessor/claims handler could say I am at fault.

It's the loss assessor who has determined this view even though when I met with them they said it is the claims handler who decides who is at fault.
The claims handler will not speak with me.

It is worth noting that when I met with the loss assessor, they had just viewed the other drivers car the same evening. When I advised them of my account of the accident, they agreed with me that the other driver hit me. This conversation was on a "without prejudice" basis but surely they should not have said that if they didn't believe it to be true!

The other driver is not claiming anything and I believe insurers are just chancing their arm by saying I'm at fault. The damage is not significant so by putting it on my policy they are probably hoping I'll just pay for it myself.

As I said the amount of money here is not huge but it's the principle of the matter that has me so annoyed. I know I was not at fault. If I was or even partially so I would hold my hands up.

Sue Pa Key Pa

OP, the insurer HAS to discuss the matter with you and give the reasons for their decision. See Item 7;16 on page 51 of the attached Consumer Code. I wouldn't worry so much about both of you being with the same insurer as conflicts of interest are handled very carefully by insurers or the Regulator will be all over them. You really just need to be informed of the reasons why they have made their decision, as it doesn't seem right from what you say

https://www.centralbank.ie/docs/default-source/Regulation/consumer-protection/other-codes-of-conduct/4-gns-4-2-7-cp-code-2012.pdf?sfvrsn=4

Sue Pa Key Pa

There are specialist insurers who will pursue the 3rd party on your behalf if you want to leave your policy out of it. They don't charge a fee or take a cut of your settlement, they bill the 3rd party for their services. One such firm (not connected to me) is Hussey Fraser 1890 66 66 81 if you want to give them a call. You need to remember that they too will need ammunition if they are to be successful on your behalf. It won't be enough if all there is available is your word against theirs. I'm talking about points of impact on both cars, skid marks, road signs, witnesses etc

blacklilly

Really appreciate all your advice, it's very helpful.

As the claim was initially put under the other drivers policy, they required the other driver to complete a claims form. I was not asked to complete any. They did ask me to advise them of my version of events but that was it. I didn't provide them with any drawing etc.

Interestingly the other driver did not make contact with insurers after the accident and instead the insurers had to contact the other driver on the back of my claim. Would it not read that the other driver did not fulfill their obligations under the terms of their cover by not informing insurers?

Also on a personal level, if the other driver truly believed me to be liable/at fault, why did they not inform insurers? It doesn't make sense.

In addition to this, when I called them yesterday, the customer representative I was speaking with began to repeat what they said was my statement of events. However what she repeated was not my version at all but the other drivers. Obviously this has left me even more uneasy with the process.

I note clause 7.12 in the consumer protection code, I do not believe they have adequately fulfilled this.

I'm going to wait until tomorrow to see if the claims handler contacts me. If not I will make contact with the insurance company again and will also follow up with an e-mail.

Sue Pa Key Pa

A lot going on there OP and I'll try and put some insight in to it

Your insurer (forget that it is the same company as the 3rd party) should always get a completed Accident Report Form, even if you are not pursuing a claim. This is so they will have the detail fresh from you in case an injury claim comes in over the next 2 years, as is the right of a claimant. It is not acceptable that the insurer use the form completed by the 3rd party as a record on both your files

The other driver, as are you, is obliged to notify their insurer as soon as possible of the incident. This does not determine right or wrong, but if the delay has put the insurer in a position where their handling of the claim has been prejudiced, they can take action against their policyholder, including refusing indemnity. Many people, wrongly, won't notify their insurer of an accident, if they feel they are in the right

I wouldn't dwell too much on 7:12 of the consumer code. The handler is making themselves available to talk to you, they are just refusing t state their reasons for the decision, which is more in the area of 7:16

The call you had yesterday with the handler, where she repeated the 3rd party's version of events sounds more like she wasn't fully up to speed on the file, which is not acceptable. I wouldn't be concerned that your handler had the 3rd party's statement on file or vice versa, as that happens regularly between insurers. Company A will state their clients case to Company B and Company B will counter by providing Company A with their driver's version of events.

OP, what I think you have here is a poor/lazy claim handler and you might escalate it higher to ensure the matter is dealt with properly in line with the Consumer Code. You could try and demand that no loading or loss of bonus be applied to your policy because of their decision. You might succeed, but remember that would only be of benefit with your current insurer, not if you try and move. I know it is annoying, but try and put yourself in a neutral position to decide where you want to take this. I know you were the driver, but if the statements from both parties were presented to you, along with just photos of the damage on each vehicle, would you be able to PROVE conclusively who was liable? It is difficult