Nightmare claim won't go away - need advice

[grober]

Thanks again everyone. I intend to photocopy everything and sent to Aviva this morning. There are a number of things in the document that are incorrect. For instance, they are now saying that we collided with the third party twice, writing off his vehicle!!! This is utter nonsense, and it is the first time that they have claimed this. They also state that I was the driver, whereas my wife was in fact driving and I was the passenger. Fortunately I have kept copies of my letters to Aviva, although I have nothing from them as they consistently failed to put anything in writing despite my requests. This was one of the many things I complained about, but as I said they also failed to respond to my complaint. Aviva always claimed they never received any of these letters, so this stuff definately goes recorded delivery.

Once again thank you everyone for your advice. I feel much easier about things now.

Because the chain of event described is marked different it actually sounds as if your case has possibly been mixed up with someone else's accident. The whole thing may be down a mix up at the solicitors [ surely not]If you read through your policy documents you will probably find explicit instructions as to what to do if contacted directly by a claimant.

 

[martin_a]

If you wish your insurers to handle things you forward stuff to them, unanswered. You must do nothing that could prejudice the way they handle the claim. Like answer tghe solicitors letter/get involved.
There is no need for the OP to do anything other than forward the letter to Aviva (other than cc in the solicitor if he is in a nice mood).

Spot on. Send it to Aviva. Recorded if you must. Nothing more, nothing less.

m.

 

[Dryce]

If you were actually being taken to court would the papers not have come from the court?

Sounds like they are trying it on, but as others have said just pass it on to your insurers.

There's a small claims type setup for minor injury claims and damages (up to £10K I think) that is initiated by sorting out some forms and sending a response pack to the defendent.

Sounds like this is what's been sent to the OP.

 

[Stempies]

There's probably loads of people in this situation thanks to all those "If you've had an accident in the last 6 years" type companies!!
Always wondered how it would affect the policy holder, now we know!!

 

[Primo]

Do NOT get involved, forward it to Aviva quoting the reference number and cc in the solicitors. Do not contact the solicitors directly, it is up to Aviva.

This is the correct advice. Make sure that you send it by recorded delivery and follow up with a phone call to confirm receipt. Call again to make sure that they are actually dealing with it.

 

[crockers]

If you have copies - then scan them - phone Aviva and speak to someone senior in their claims dept. Then email the documents to them and ask them to email you back that they have received them.

Then you should forget this - any further letters to you from the solicitor should be dealt with in the same way.

Recorded delivery is ok but it goes to a mail pool and you lose a point of contact. email with email back is sufficient and it also makes someone work.

Just thoughts....

Injury solicitors like this are just above pond life.

By the way have you recovered from the trauma and injuries you suffered?

 

[Niks]

Sounds like its one of those "dont delay...claim today" scenarios.

 

[billywhiz]

And people wonder why it's costing so much to obtain insurance.....

Bloody leechers - OP hope they can sort it and kick it into touch, you've got the repsonse here - lets see how they (Aviva ) handle it.

good luck

 

[Shude]

Bloody leechers - OP hope they can sort it and kick it into touch, you've got the repsonse here - lets see how they (Aviva ) handle it.

If they run to standard operating procedures they will pay out to a third party regardless of how weak the evidence and then continue to stick it to their customers.

 

[pimpmyc250td]

its down to aviva to deal with this , they are after all - your insurers.. point out that the facts of the latest claim have been varied by the 3rd party and leave it to them..you will of course assist aviva to minimise their losses..