After contacting the CEO, one of the Deputies investigated my case, please see Previous Review a Month Ago, about car accident at Cross Roads. Most insurance Companies appear to have dispensed with legaly qualified and Accident Investigation qualified Staff for Cost Cutting Reasons, therefore CLAIMS HANDLERS are simply experienced in Processing paperwork from the IN tray to the Out Tray? Just like the DWP and PIP Claims, when they're not medically qualified to understand the evidence infront of them, to make a well informed Discission. If you complain about a 50/50 split because your innocent? They have to get an independant assesment done to Explain the Evidence you have provided them. In my case the independant Assesment proved I was totaly innocent and the other party were solely At Fault for coursing the accident. "PHEW", after 34 years no accidents and Claims I am still innocent of coursing this accident, otherwise I would have been shafted with a 50/50 or 75/25 Liability.
Also you are not provided with a copy of the other parties "Statement of truth", so how can you defend your self against their False Misleading Accusations and Lies?
The Answer is let Aviva make their initial descission, make a Complaint and state that you don't agree with their descission. Then Request a "SAR", Subject Access Request, for all the Evidence etc they have on your case.
This should include a copy of the Otherparties "Statement of Truth". When they review their descission and state it is final, you are entitled to Complain and Raise a case with the Financial Ombudsman, Doo So Imediately as there is a 4 month waiting list? Once you have the other parties "Statement of Truth", youl identify who their claims Handler is? Check on line, and their Reviews to see what your up against. Usualy they are independant "Credit Hire Companies who supply expensive hire cars as part of their ACCIDENT CLAIMS MANAGEMENT SERVICES.
Read through the Stateme of Truth,
(Work of Fiction) and take it sentence by sentence and give your Responce / Comment on their Acusations against you. Go through the accident stage by Stage as it occurred, Detail by Detail. Always respond to each Accusation and give the Truth otherwise if you don't challenge it, the Court will assume you have accepted their false misleading accusations, as the TRUTH.
Produce a copy for the ombudsman, one spare copy for your own Folder, and Email off or post one copy to AVIVA. if aviva don't accept it or win your case, the ombudsman is in Waiting to Review their Behaviour at a Later date? Aviva should change their descission and hold the other party "At Fault for coursing the accident, and forward it to their Recovery Dept. ALWAYS WORK WITH Aviva, and be prepared to go to court to Help them Claim off the Other Party. NEVER ACCEPT LIABILITY if your sure your Inocent and did not course the Accident.
PLEASE NOTE: you can only be issued a 50/50 or 75/25 Liability against you by your insurence company, if the other party has Provided Indesputable Evidence that proves,
"Beyond All Reasonable Doubt"that you did something that contributed to coursing the Accident! THATS WHY YOU NEED to request the "SAR", To see what Evidence they have provided against you. Most Likely there is No Sutch Evidence! So, your insurence company cannot Settle the claim Quickly by Wrongly accusing you of coursing the accident.
Remember "You are Innocent untill Proven Guilty".
Please note thease "CHC Claims Managment Companies" will pursue costs and Their own Car Hire Charges from their Client if they loose their case ???? Its in the T&C's in their Contract Agreements. My advise is always go Direct to your "Insurence Underwritter", not a Claims Handler.