My insurer won't repair my car until they figure out who was at fault - is this fair?
I was in a serious collision, which left me with head injuries and loss of memory. I was given the details of the other party involved by the police, which I forwarded to my insurer - Esure. They now want to declare it as a fault incident as the other party alleges it was my fault. Esure wrote on their email ‘unfortunately as you are not aware of what happened, we have no way to defend this or put forward a different version of events’. This was after I’ve repeatedly told them of my injuries and memory loss and wanted to wait for the police to complete their investigation. I contacted them to enquire about the status of repairs to my car to which they’ve responded, ‘We haven’t instructed any repairers to carry out repairs to your vehicle. We have been awaiting the circumstances around the incident to be clarified.’ Can they refuse to carry out repairs to my vehicle due to the reasons they’ve just stated?
Asked on 5 March 2018 by J V
Answered by
Honest John
No, they should repair your vehicle. Esure can work out who was at fault, so ask them what investigations have they carried out to determine it was your fault. They don't necessarily need your statement to understand what happened. The police can do it, and there is no reason the insurer cannot. Esure should be able to get a fair idea from the location and the damage to the vehicles. Irrespective of this, you have a contract of insurance place and the insurer should oblige it.
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