Car insurance claim?

Garry Edwards

Garry Edwards

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Garry Edwards
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OK, I had an accident in my car and wrote it off.
Insurance company has been helpful. They required me to send them various documents, no problem, but they also required me to log into a new government website and share the information about my driving licence history with them.
https://www.gov.uk/check-driving-information)

Not a problem for me, as everything is in order, but a heads up because this requirement could be a major problem for some people...
 
Why a problem?
 
Well, it would be a problem for anyone who failed to dislose a motoring conviction or who had the wrong address on their driving licence...
 
boyfalldown said:
Surely that would invalidate your insurance anyway?
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Quite right Hugh, but I know what Garry is trying to point out. A surprising number of people fail to disclose all the facts. The principal of uberrima fides applies to insurance contracts, but many are not aware. It has the effect of the contract being null and void from it's inception and could therefore result in a prosecution for driving without insurance.

This new development of the availability of this data online means there is no hiding from the truth.
 
boyfalldown said:
Surely that would invalidate your insurance anyway?
Click to expand...
Potentially rather than surely. It is not easy for insurers to void a policy ab inito to avoid paying out, which is as one would hope.

Generally for an insurer to cancel a policy from the start they would have to demonstrate that they would not have accepted the risk with the full facts; that is they would have declined to quote at all, not that they would have given a higher quote.
 
Nikon Ken said:
The principal of uberrima fides applies to insurance contracts, but many are not aware.
Click to expand...

Since 2013 and the Consumer Insurance Act it does not apply to consumer contracts of insurance, the insurer has to ask the questions. Carter vs Boehm is no longer relevant in this context (it still is for business insurance).
 
onomatopoeia said:
Potentially rather than surely. It is not easy for insurers to void a policy ab inito to avoid paying out, which is as one would hope.

Generally for an insurer to cancel a policy from the start they would have to demonstrate that they would not have accepted the risk with the full facts; that is they would have declined to quote at all, not that they would have given a higher quote.
Click to expand...

When I started in insurance what you say Mark was the "normal" position of most companies, but it is sad that many of the "modern" companies (and usually cheaper) will seek any means to avoid their responsibilities. I glad I retired 15 years ago.
 
onomatopoeia said:
Potentially rather than surely. It is not easy for insurers to void a policy ab inito to avoid paying out, which is as one would hope.

Generally for an insurer to cancel a policy from the start they would have to demonstrate that they would not have accepted the risk with the full facts; that is they would have declined to quote at all, not that they would have given a higher quote.
Click to expand...

That makes sense. I remember from my policy wording that if I was committing certain offences at the time of any accident leading to a claim my policy would revert to its requirements under the RTA (basically 3rd party only). Would failure to disclose not lead to something like that
 
onomatopoeia said:
Since 2013 and the Consumer Insurance Act it does not apply to consumer contracts of insurance, the insurer has to ask the questions. Carter vs Boehm is no longer relevant in this context (it still is for business insurance).
Click to expand...

I must have missed that one - well spotted. That's what retirement does!
 
Might affect a lot of people in general ,I reckon 10 % of people driving around or more either haven't got a valid licence or are driving on some obscure foreign licence ,your not required to show your licence when having a m.o.t or taxing your car or insuring it and once those are in place number plate recognition won't pull you ,so unless your involved in a accident or traffic misdemeanour then in theory you could drive around forever with no licence .
 
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When I was waiting on the DVLSA to give me my license back after the op, I was able to insure my car even though I had no license. Obviously, I wasn't allowed to drive it but I could (and did) insure it for Mrs Nod to drive.
 
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