Car Decision Reference 2022-0106

Case OutcomeRejected
Subject MatterCar
Reference2022-0106
Date24 March 2022
Finantial SectorInsurance
Conducts Complained OfClaim handling delays or issues
Decision Ref:
2022-0106
Sector:
Insurance
Product / Service:
Car
Conduct(s) complained of:
Claim handling delays or issues
Outcome:
Rejected
LEGALLY BINDING DECISION OF THE FINANCIAL SERVICES AND PENSIONS OMBUDSMAN
The Complainant holds comprehensive private car insurance with an insurance company
(the “Provider”).
The Complainant’s Case
The Complainant's Motor Insurance Policy was incepted on 14 June 2019 and was in place
at the time when the car incurred damage when she hit a low lying wall whilst exiting a
garage an incident which she notified to the Provider on the 26 March 2020.
The Provider refused to indemnify the Complainant's Motor Insurance Policy claim, on the
basis that her mechanic didn’t fully itemise the invoice for repair works. The Complainant
was advised by her Provider to use the Provider’s vehicle repairers, but she preferred to use
her own mechanic to carry out the repair works. The Provider advised her that it "would not
cover car hire and [the Complainant] would have to pay €125.00 excess" if she used her own
mechanic.
In any event, the Complainant elected to use her own mechanic who carried out the works
between 5 May 2020 - 12 May 2020. The Complainant's insurance policy was due for
renewal in June 2020 and she submits that her premium went up by €83.00 (eighty three
euros) to €1,040.00 (one thousand and forty euros) “despite having no claims bonus
protection on my policy.”
- 2 -
/Cont’d…
The Complainant was advised that there was still an open claim on the policy, as the Provider
had not settled the claim or paid her mechanic for the repair works carried out. Additionally,
the Complainant asserts that she was advised by the Provider not to pay her mechanic
directly for the repair works as they “could not guarantee that they would reimburse me.
The Complainant is dissatisfied that her mechanic was not paid for the repair works carried
out and that she was prevented from shopping around for a new car insurance product, due
to the claim remaining open.
By email dated 1 September 2020 and addressed to the Provider, the Complainant asserts
that:
I damaged the side of my car some time last April. I called my insurance company,
[Provider], who advised me to take my car to [Provider’s Mechanic] to have the work
carried out and that if I took it elsewhere, they would not cover car hire and I would
have to pay E125 excess. They also advised that they would not stand over the work.
I did not want to take my car to [Provider’s Mechanic], I wanted to have it repaired
at my own bodyshop, [Complainant’s Mechanic].
When I brought the car to [Complainant’s Mechanic], he was reluctant to do the job
when he heard he would be dealing with [Provider] as they would be known to make
it difficult for non-approved repairers to get paid for their work. I wanted [Provider]
to fix my car, as I know he is good, so I said to him that I would pay him myself if
he had trouble getting paid by [Provider]. When I dropped my car off to get fixed at
[Provider’s] garage, he showed me the new parts in [Car Brand A] branded boxes. He
gave me a hire car free of charge, an Audi A7, called me when my car was ready,
then showed me all the damaged parts that he took off the car. The car was perfect,
fixed to a very high standard. My husband and my son, who is a mechanic, both
inspected the car and agreed that it was immaculate. Around this time, my insurance
premium was up for renewal. My premium last year was E957, this year it was put
up to E1040, despite having no claims bonus protection on my policy. I couldn't get
a quote from other insurers as this is still an open claim. When I spoke with
[Complainant’s Mechanic] about this, he advised that he still hadn't gotten paid for
his work, as he had initially let me know might happen.
I wanted to pay [Complainant’s Mechanic] myself as I would consider myself a loyal
customer of his, and I felt it wasn't fair that he wasn't getting paid for his work. I
want to maintain a strong relationship with him as my whole family get their cars
fixed at [Complainant’s Mechanic] and we intend on continuing to do so. Since this,
[Complainant Mechanic] explained to me why they are not paying him, and that it
was over the parts invoices from the main dealer which he did not want to provide to
[Provider Accident Management Company ] or [Provider].

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT