Is a claim form necessary for a claim to be made against my policy

[Maidofperth]

I made a telephone enquiry to my insurance company regarding the general conditions of my insurance policy. Instead of answering what should have been a simple question, the operator started to ask me specific questions about the claim that I had been considering.
After I came off the phone I decided against making the claim as the work had been started and I did not think a claim would be successful. Now I find that a claim has been registered against my policy, the first in the twenty years that I have held it.
Can a claim be registered without my filling in and signing a claim form?

[dzug]

Yes.

Many companies advertise 'no need for forms' and deal with claims exclusively over the phone.

You probably should have made it clearer that you were not claiming.

[woozer]

Hi Maidof Perth
Sorry to hear of your problems - I know that these phone in operators are not always trained to listen properly but......
Your policy conditions require you to advise your insurer of any incident which might give rise to a claim - so you have done the right thing even though it was by mistake !
I would suggest you now consider whether or not you wish to make a claim - if you decide not to just ring them up and tell them you are not claiming.
You do not mention what type of policy or incident you rang about - but if for example it was flood damage to your home then your insurers are entitled to know this has happened even if you do not claim because it is a material fact which could affect their exposure to similar claims in the future.
Similarly, if a car keeps being vandalised when parked outside your home - you should tell your insurers even if you do not claim - one day the minor damage could become a serious expensive incident and your insurers should have been warned that you were parking it in an area that there was a vandal working in !

[Maidofperth]

Many thanks for your reply, Dzug, even though it is bad news. I shall think twice about phoning insurance companies in the future.

[Maidofperth]

Thanks for your very interesting reply,Woozer. Unfortunately, it wasn't until several weeks later when I received the letter saying that my claim had been unsuccessful as the work had been started that I realised that a claim had been registered. I feel that with something as important as this, a form should be filled in and signed by the claimant. And why did they set up a claim when I had already told them this in my first question to them? The present system works in favour of the insurance company but is not in the interests of the client. I have never made a claim before and did not realise it could be such a slipshod business. Thanks again,Woozer. M O P

[factor-fiction]

I assume that your concern is that it may affect your no claims record.
I'm not an expert. but maybe you should write to them pointing out that you weren't making a claim but, as required by the policy terms, you were notifying them of an incident; and ask them to confirm that the claim will not show on your records.

[woozer]

Your insurers cannot refuse a claim just because you have started the work - they can argue about the cost if you do not give them a chance to inspect.
Dont take it too personally, these things are all driven by computer systems and so the repsonses may not always seems appropriate . :-))

[Maidofperth]

Thanks for the suggestion, Formula 30. I already have written to them but they are adamant that I did make a claim. It is infuriating that it is just their word against mine, no written confirmation of the 'claim', which I would have expected to have been posted to me a day or two after the phone call, as with any other business contract. I think it is probably as Woozer suggests, that the operator was not trained to answer questions, only to take particulars for a claim.
M O P

[Maidofperth]

Thanks again, Woozer. I will try not to take it too personally and draw a line under it as the old year comes to a close.
Best wishes to you and all who replied for a happy and prosperous (what a hope!) 2009.
M O P

[weeal]

hi soz just noticed your username, youre in Perth (Tayside)? lol so am I
Happy New Year

[Maidofperth]

Happy New Year to you too,weeal, and good luck in the fair city in 2009.lol
M O P

[BenDToy]

An insurance company who allow telephone claims will almost certainly have to keep recordings of their calls. I would recommend writing to them again, repeating your point that you did not make a claim and asking for a transcript of the call, which they will need to do to prove their case. This should make them re-think their stance. And remember that the insurance ombudsman is there for your protection as well.

[Maidofperth]

Thank you so much for your reply, BenDToy. This is an excellent suggestion and one I hadn't thought of. I will follow this through and see what happens. Thanks again.
M O P