Intervention

Tim Kelly, (Motor Claims Guru and Auto Logistic Solutions) posted a helpful reminder on LinkedIn today about the ABI Code of Conduct ("the Code") which, whilst admittedly voluntary, places certain restrictions on the way in which insurers may make contact with a third-party. The Code of Conduct can be viewed at:


https://www.abi.org.uk/globalassets/sitecore/files/documents/publications/public/migrated/motor/abi-code-of-practice---third-party-assistance.pdf


This document may be helpful for those claimant's who have apparently been intervened against by an ABI Insurer in circumstances where the code of conduct has not been properly copied with especially since the code obliges insurers to provide a copy of "the ABI consumer guide or own- brand guide on third party assistance programmes in soft copy (the own -brand guide must cover the same areas as the ABI guide)."


As an example from the Code, the initial contact of unrepresented claimants should only be by telephone (including text), email or letter and, in either case, claimants should be informed of their right to seek independent legal advice, and of the other options available to them to help resolve their claim.


In addition, and perhaps one for AXA who I know have been sending engineers to doorstep some claimants during the Covid pandemic, "insurers will not make unsolicited visits to an unrepresented claimant at their current address."


In addition, and this should perhaps be more positively communicated to claimants, "if the unrepresented claimant makes it clear that they do not wish to deal directly with the insurer, this must be respected and no further contact made."


The document is worthy of review and perhaps referring to in any debate about the efficacy of an insurer that intervenes without fully complying.





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