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Hi all, just found out about this forum and registered immediately. I spent all afternoon trying to find a quick consult with a lawyer but got nowhere. Same with Citizen's Advice and the Financial Ombudsman.
Anyhow, apologies if the problems with car insurance claims management companies have already been discussed here, but I'm in a right state. I was in a 100% no-fault accident (property damage only) and the other side admitted full liability immediately.
My 'insurer' (quotes used deliberately) Marshmallow, immediately passed my claim to Winn Solicitors, who deluged me with documents to sign; I also was flooded with emails by CVS car hire, On Hire car hire, and finally the actual hire company that gave me what I *thought*, as per my contract, was a *courtesy car*.
I was still in shock from the enormous damage done to my car, the desperate need to get a courtesy car, and I just signed the documents without comprehending all the details and implications.
I *thought*: (1) I was signing up for a courtesy car as per my insurance policy; (2) I was simply authorising Winn Solicitor to act on my behalf to collect the repair and courtesy car costs from the other side since the admitted full liability.
What I allegedly signed up to: (1) a 'credit hire car', something I've never heard of before. I thought this was just a 'courtesy car' - but it isn't. (2) authorising the solicitor to literally launch *legal action* to recover costs, all the way to court!
And sure enough, the other side is disputing the costs because 'credit hire care' costs are *exorbitant*, in my case £5k for about a week!!! And also the solicitor just told me they're claiming £8k for repairs when the actual repairer told me the repairs cost about half that!
So it's now headed to court! I cannot believe it. I complained to Winn, who were shocking, treating me like dirt, saying that they assume people who sign their documents are 'mentally competent', and threatening me that if I did not 'cooperate' they reserved the right to claim money from *me*, presumably for repairs, hire car, and/or court costs! They told me to send a form declaring my finances re. whether I was entitled to help with court fees. I am not, b/c even though I have no savings my wife does, but I have no access whatsoever to her funds. She knows nothing of any of this (I will omit details as to why not).
I have complained to Marshmallow, and they have 8 weeks to respond before I can go to the ombudsman. But their view expressed so far is that they handed the claim to a 'no-fault expert' and the case is 'closed' as far as they are concerned.
They *never* consulted me. They never informed me as to what a 'credit hire car' was or that they were literally washing their hands of the claim by handing it to a third party. I acted in good faith, signing the documents assuming the case would be handled directly by my insurer, with no further involvement by me - as I had experienced in the past and assumed was standard.
To this day I have no idea what my options are or were. Could I have refused to consent to Marshmallow handing over the case? Do I have any recourse now, or am I forced just to watch the case go to court and provide a witness statement and maybe even testify? How stressful! I am being forced into legal proceedings when I have no liability whatsoever.
Turns out the ombudsman knows all about this: https://www.financial-ombudsman.org....fault-accident This is exactly my situation.
It's a thing even in Australia: https://9now.nine.com.au/a-current-a...0-6c2d4e307c32
I knew *nothing* about this when I spoke to my insurer. What do I do? I could be liable for thousands! Help, please, I'm desperate.
Anyhow, apologies if the problems with car insurance claims management companies have already been discussed here, but I'm in a right state. I was in a 100% no-fault accident (property damage only) and the other side admitted full liability immediately.
My 'insurer' (quotes used deliberately) Marshmallow, immediately passed my claim to Winn Solicitors, who deluged me with documents to sign; I also was flooded with emails by CVS car hire, On Hire car hire, and finally the actual hire company that gave me what I *thought*, as per my contract, was a *courtesy car*.
I was still in shock from the enormous damage done to my car, the desperate need to get a courtesy car, and I just signed the documents without comprehending all the details and implications.
I *thought*: (1) I was signing up for a courtesy car as per my insurance policy; (2) I was simply authorising Winn Solicitor to act on my behalf to collect the repair and courtesy car costs from the other side since the admitted full liability.
What I allegedly signed up to: (1) a 'credit hire car', something I've never heard of before. I thought this was just a 'courtesy car' - but it isn't. (2) authorising the solicitor to literally launch *legal action* to recover costs, all the way to court!
And sure enough, the other side is disputing the costs because 'credit hire care' costs are *exorbitant*, in my case £5k for about a week!!! And also the solicitor just told me they're claiming £8k for repairs when the actual repairer told me the repairs cost about half that!
So it's now headed to court! I cannot believe it. I complained to Winn, who were shocking, treating me like dirt, saying that they assume people who sign their documents are 'mentally competent', and threatening me that if I did not 'cooperate' they reserved the right to claim money from *me*, presumably for repairs, hire car, and/or court costs! They told me to send a form declaring my finances re. whether I was entitled to help with court fees. I am not, b/c even though I have no savings my wife does, but I have no access whatsoever to her funds. She knows nothing of any of this (I will omit details as to why not).
I have complained to Marshmallow, and they have 8 weeks to respond before I can go to the ombudsman. But their view expressed so far is that they handed the claim to a 'no-fault expert' and the case is 'closed' as far as they are concerned.
They *never* consulted me. They never informed me as to what a 'credit hire car' was or that they were literally washing their hands of the claim by handing it to a third party. I acted in good faith, signing the documents assuming the case would be handled directly by my insurer, with no further involvement by me - as I had experienced in the past and assumed was standard.
To this day I have no idea what my options are or were. Could I have refused to consent to Marshmallow handing over the case? Do I have any recourse now, or am I forced just to watch the case go to court and provide a witness statement and maybe even testify? How stressful! I am being forced into legal proceedings when I have no liability whatsoever.
Turns out the ombudsman knows all about this: https://www.financial-ombudsman.org....fault-accident This is exactly my situation.
It's a thing even in Australia: https://9now.nine.com.au/a-current-a...0-6c2d4e307c32
I knew *nothing* about this when I spoke to my insurer. What do I do? I could be liable for thousands! Help, please, I'm desperate.
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