ZENITH CAR INSURANCE - Settling NONE FAULT claim in 3rd Party's Favour?!!!

[FreeBit]

Hi

Can anyone please advise me on how to stop Zenith Insurance PLC from settling a non fault claim in the third party's favour or on a 50/50 settlement? I am completely not at fault and have provided 2 independent witness statements that support my version of events and that I am not at fault, whereas the other driver has provided nothing! It has been over a year that Zenith have been "handling" this claim and for the majority of that time I have heard nothing from them.

In that time I eventually got through to someone who was "handling" my case, she advised me that a letter had been received from the third party's insurer accepting liability, they told me as I was only third party fire and theft they wouldn't negotiate that settlement for me, I had to ring the third party's insurance (Saga) myself. I did this and Saga told me that they had made a mistake, that they didn't mean to send that letter!!

Zenith have been really crap and incompetent and in September of this year they wouldn't offer me a renewal, without giving any reason as to why, I had to find insurance elsewhere even though I have had 3 car insurance policies with Zenith over the years and always been a good customer. It was quite obvious that they decided to sack me off their books because I have a claim still open.

I have complained about the appalling treatment and raised a SAR (subject access request).

Zenith upheld their decision to negotiate either a 50/50 settlement or in the third party's favour without giving me any explanation as to why? They also disregarded most of my complaint and even stated that they had NOT refused my insurance renewal! There are lots of contradictory documents in the SAR file however which even discuss the rejection of my renewal!

They also sent me copies of someone else's personal documents including their driving licence, with home address etc. Breaking major Data Protection laws surely?!

They are not really listening to my complaint and have advised that I go to the Ombudsmen next.

I have now written a letter to the Chief Executive, however I can only find an address in Gibraltar and no name for a CEO. Does anyone know this information by any chance?

Most importantly I would just like to know if anyone has any advice on how I can stop Zenith settling this claim in the third party's favour?

I have told them many times I absolutely do NOT give them permission to do so, however they seem to be ignoring me and ploughing ahead regardless! They have sent me a £50 cheque as some kind of gesture for my complaint?

Please help!

Cheers aw:

[des8]

Re: ZENITH CAR INSURANCE - Settling NONE FAULT claim in 3rd Party's Favour?!!!

I'm sorry, but I don't think you will like what I'm about to write!

Can you give more details of the incident, and the basis on which settlement has been agreed between the insurers.

You can't blame Zenith for Saga giving wrong information.
I assume Saga corrected themselves and advised your insurers there was a third party claim against you, the other party claiming you were at least partly responsible for the accident.

If your insurers conclude for whatever reason that it is preferable to settle a third party claim rather than dispute it, that is their right . . This is called subrogation and will be detailed in your policy, and whilst you can make representations the insurers do not have to take them into account.
Having settled the claim in this manner the incident will be recorded as a fault.

Insurers are under no obligation to accept any proposal, including renewals.

You could complain to the ombudsman, but IMO, although they may not have corresponded clearly with you, I doubt Zenith have acted improperly.

can't trace CEO of Zenith Insurance, but they use Zenith Insurance Management and you could try a complaint to:

mike.leonard@zenith-insurance.co.uk

mike.leonard@zenith-insurance.co.uk

[FreeBit]

Re: ZENITH CAR INSURANCE - Settling NONE FAULT claim in 3rd Party's Favour?!!!

I'm sorry, but I don't think you will like what I'm about to write!

Can you give more details of the incident, and the basis on which settlement has been agreed between the insurers.

You can't blame Zenith for Saga giving wrong information.
I assume Saga corrected themselves and advised your insurers there was a third party claim against you, the other party claiming you were at least partly responsible for the accident.

If your insurers conclude for whatever reason that it is preferable to settle a third party claim rather than dispute it, that is their right . . This is called subrogation and will be detailed in your policy, and whilst you can make representations the insurers do not have to take them into account.
Having settled the claim in this manner the incident will be recorded as a fault.

Insurers are under no obligation to accept any proposal, including renewals.

You could complain to the ombudsman, but IMO, although they may not have corresponded clearly with you, I doubt Zenith have acted improperly.

can't trace CEO of Zenith Insurance, but they use Zenith Insurance Management and you could try a complaint to:

mike.leonard@zenith-insurance.co.uk

mike.leonard@zenith-insurance.co.uk

Thank you for your reply, you're right I don't like it! :tinysmile_twink_t2: Just kidding.

The third party driver overtook me whilst I was already overtaking someone else, the third party driver crossed double white lines onto the wrong side of the road and into oncoming traffic before panicking and pulling back across and hitting my car.

I don't blame Zenith for Saga giving wrong information but felt it was something they could have fought them with. The claim was against me and Saga claimed they sent the letter in error sometime after the claim was opened.

I would like to know the reasons why Zenith feel they might settle in favour of the guy that drove into me. As far as I am aware a settlement has not yet been reached, and I certainly don't know on what basis they are informing their decision and I don't seem to be able to get any answers in this respect either.

I understand insurers are under no obligation to offer renewals, but again they didn't give me a reason as to why and it seems quite obvious to me it is likely related to the fact that I have an open claim against me which is entirely unfair. The whole situation is unfair!

Thank you for the email for Zenith Management. I will do that also.

Many thanks

[des8]

Re: ZENITH CAR INSURANCE - Settling NONE FAULT claim in 3rd Party's Favour?!!!

Having trouble with computer..... it just deleted reply instead of sending so try again:

Certainly seems an odd decision by Zenith in view of the outline you have given.
Were the police involved at all?
Problem may be that the claim is handled by a Claims Company on behalf of Zenith, and they look for the cheapest settlement.

Was there any damage to your vehicle?
If so have you lodged a claim against the other driver?

[des8]

Re: ZENITH CAR INSURANCE - Settling NONE FAULT claim in 3rd Party's Favour?!!!

Do you know what the other driver alleges occurred.
From your description it could be that he claims he was travelling on the outer carriageway when you changed lanes suddenly and without warning, causing him to move across the double white lines.
Whether that is true or not any court case will be expensive, the outcome uncertain, and from Zenith's point of view it would be cheaper to come to an agreement with Saga

[FreeBit]

Re: ZENITH CAR INSURANCE - Settling NONE FAULT claim in 3rd Party's Favour?!!!

Hello

Thanks for your thoughts. I called the police who attended the scene, unfortunately the chap seemed put out to be there, I was upset and telling him the other driver was driving dangerously and had near rammed me off the road, he rolled his eyes and said the accident location was a black spot where he had personally attended fatal RTA's and I was lucky to be standing there. I also requested we be breathalysed and the policeman said his equipment needed calibrating. He said "to be quite honest, I don't need the paperwork."

It's quite possible as you say that Zenith have appointed a claim handler and the bigger picture is that it is cheaper and easier to just settle and close the case, rather than what's actually right and just.

I have never been privy to any information provided by the other driver, other than I think it was read to me over the telephone that he alleges that which you describe, that I pushed him onto the other side of the road which is ridiculous as where the accident happened is a single lane that breaks out into 2 lanes, I was in front of the guy who hit me and as soon as the lane broke into 2 I overtook the car in front using the outside lane, the guy behind me sped right up my backside end and tried to shoot round both me and the car I was overtaking by going onto the wrong side of the road. I provided maps and diagrams to explain this to Zenith and as I say I also had 2 witness statements that clarify this also. I don't believe the other driver provided any such evidence, not that I have been made aware of.

My car was quite badly damaged, I paid for it to be repaired and put back on the road as I needed it and the other guy said he would pay and said there was no need to involve the insurance. I personally haven't actually submitted a claim to his insurance against him but have included the invoice and details of the damage to my car to Zenith.

Do you think I need to actually report the accident to Saga myself and attempt to claim for the damage to my car separately to the claim he has submitted? I thought it was all dealt with at the same time within the one claim.

Thanks again

[des8]

Re: ZENITH CAR INSURANCE - Settling NONE FAULT claim in 3rd Party's Favour?!!!

As your insurance was only third party, fire and theft your insurers will do nothing about your losses.
It is up to you to pursue them.

You should write to the other driver, refer to the crash and tell him you hold him 100% liable for your losses.
List all your costs ie repairs, extra fare costs incurred, damage to clothing(ifany!) etc.
Advise him to pass it to his insurers.
Send it signed for, and send a copy to Saga, also signed for.
Also tell Zenith you have opened a claim against him and send them a copy, and in view of this you need to be kept informed of the pogress of his claim against you.
Reiterate that you hold him 100% liable.

This is completely separate to the claim he has made against you.
Your insurers might agree to settle his claim against you, but this will be a commercial decision they make which could cause difficulties for you if you go it alone.

Just two more questions:
How independent are your witnesses? eg they weren't passengers in your vehicle?
What sort of amounts are we talking about?


...and it might be worth trying to get a copy of the police report

[FreeBit]

Re: ZENITH CAR INSURANCE - Settling NONE FAULT claim in 3rd Party's Favour?!!!

Hya

Awesome, I will absolutely do that, thank you. I did not know that my losses are up to me to recover!
My costs were £324.50 and that was just for the bare minimum repairs using parts from the scrap yard as I obviously couldn't afford new. See attached pic for your interest

The witnesses were completely independent, 2 ladies (travelling independently) stopped to see if I was ok and to give me their details should I need witness statements from them.

[des8]

Re: ZENITH CAR INSURANCE - Settling NONE FAULT claim in 3rd Party's Favour?!!!

Assuming the other car was lightly damaged as well the insurers will want to settle without going to court.
Any court case (assume no personal injuries) will be in the small claims court, and they would not be able to recover their solicitor's costs.

On reflection Zenith might be negotiating on your behalf, but it is unlikely as you only have TP/F&T cover.
Interesting to see what they come back with!

[FreeBit]

Re: ZENITH CAR INSURANCE - Settling NONE FAULT claim in 3rd Party's Favour?!!!

It seems that way. I have attached a picture of the damage to his car, not worth all of this upset to another human being at all I don't think, especially when it was his own stupid fault!

Unfortunately the Mike Leonard email bounces which is a shame.

I will certainly let you know!

Thanks again

[des8]

Re: ZENITH CAR INSURANCE - Settling NONE FAULT claim in 3rd Party's Favour?!!!

It seems that way. I have attached a picture of the damage to his car, not worth all of this upset to another human being at all I don't think, especially when it was his own stupid fault!

Unfortunately the Mike Leonard email bounces which is a shame.

I will certainly let you know!

Thanks again

So if you want to complain there's always snail mail!

[des8]

Re: ZENITH CAR INSURANCE - Settling NONE FAULT claim in 3rd Party's Favour?!!!

I've just been looking a some of Zenith;s Policy wordings, and it may be better to write to them first, telling them you intend to lodge a formal claim against the third party for 100% of your losses, as they Zenith have failed to advise whether or not they are looking to recover your losses. You assume they are not as you only have TP/F/T cover. Give them 7 days to respond

[FreeBit]

Re: ZENITH CAR INSURANCE - Settling NONE FAULT claim in 3rd Party's Favour?!!!

Ok, that's great thank you. I will do

I'll let you know.