Please can someone help with backdated Car Insurance Dispute?

JonBoy_SCFC

TighterThanTwoCoatsOfPain wrote: »

as aside to your current problem, you are obliged to inform your insurance company as soon as you get the points, not at the next renewal in any case.... sounds like its quite possible you didnt tell them as i believe Diamond auto renew so if you never beat their renewal there would be no need to speak..

Had you made the special effort to call and inform them i'm sure you would remember being specifically told that your premium was not affected...

the "experts" will i'm sure correct me if i'm wrong, but i believe the bit in bold to be bad advice. unless you get banned, or get a conviction that the insurer does not cover, then you don't need to inform them of any speeding convictions until the next renewal. hope this helps:money:

BruceyBonus

JonBoy_SCFC wrote: »

the "experts" will i'm sure correct me if i'm wrong, but i believe the bit in bold to be bad advice. unless you get banned, or get a conviction that the insurer does not cover, then you don't need to inform them of any speeding convictions until the next renewal. hope this helps:money:

When you take out the policy, you tell them you have no convictions. As soon as a material fact changes, you must tell you insurer. A new conviction is a change of facts.

JonBoy_SCFC

BruceyBonus wrote: »

When you take out the policy, you tell them you have no convictions. As soon as a material fact changes, you must tell you insurer. A new conviction is a change of facts.

i do not believe convictions that happen after the cover start date to be a material fact until the next renewal (when they then become convictions before the new cover date)

it's a bit like when you start the policy and insurer asks for any speeding convictions in the last 5 years. if you have one 4 years and 9 months ago, would you ring them 4 monhts into the policy and ask them to remove the speeding info as it's no longer a material fact?

BruceyBonus

JonBoy_SCFC wrote: »

i do not believe convictions that happen after the cover start date to be a material fact until the next renewal (when they then become convictions before the new cover date)

it's a bit like when you start the policy and insurer asks for any speeding convictions in the last 5 years. if you have one 4 years and 9 months ago, would you ring them 4 monhts into the policy and ask them to remove the speeding info as it's no longer a material fact?

No - it wouldn't matter in your example as the insurer will remove the details themselves.

I'll give another example. If I setup the policy and said I have a provisional licence, then I pass my test, there is a duty to inform my insurer because the information I told them when I setup the policy is now no longer true.

Same for convictions. At inception you declared you had no convictions. As you have now been convicted, you have a duty to inform the insurer as what you told them is now incorrect.

tinkerbell84

JonBoy_SCFC wrote: »

the "experts" will i'm sure correct me if i'm wrong, but i believe the bit in bold to be bad advice. unless you get banned, or get a conviction that the insurer does not cover, then you don't need to inform them of any speeding convictions until the next renewal. hope this helps:money:

With the Admiral group (which includes Diamond), you have to inform them immediately

BruceyBonus

Just to follow up on my last post, Section 174 part 5 of the Road Traffic Act 1998:

RTA_1998 wrote:

(5) A person who makes a false statement or withholds any material information for the purpose of obtaining the issue—
(a) of a certificate of insurance or certificate of security under Part VI of this Act, or
(b) of any document issued under regulations made by the Secretary of State in pursuance of his power under section 165(2)(a) of this Act to prescribe evidence which may be produced in lieu of a certificate of insurance or a certificate of security,
is guilty of an offence.

By not informing your insurer of your convictions ASAP, you are withholding material information for the purpose of obtaining a motor insurance certificate.

TighterThanTwoCoatsOfPain

............

dacouch

tinkerbell84 wrote: »

With the Admiral group (which includes Diamond), you have to inform them immediately

In general most Insurers (Not all notably Quinn) do not require you to notify them of a conviction until the renewal date unless it is a driving ban.

Page 7 of their current Policy Booklet under the section keeping your policy up to date states 3) Please Tell Us When You Renew - of any motoring convictions or fixed penalties you or any other driver on your policy had during the year or any pending prosecutions. Here is the link http://www.admiral.com/policyDocs/ADM.pdf

Admiral therefore do not require you to advise them mid term of motoring convictions unless there is a ban involved. They also state that any material fact (Excluding certain items they specifcally state) does not need to be advised until renewal.

I agree that is best practice to inform the Insurers immediately but there is not an obligation to inform them until renewal.

I would suggest the OP asks Admiral for all of the details they have for them under the Data Protection Act (Admiral are entitled to charge a nominal fee up to about £10) There is an outside chance this may show you had actually advised them of the convictions so they back down. Sometimes just asking for this will make them back down as there may be infomation you would rather not see or simply that they cannot be bothered to go to the hassle of supplying you.

I do not agree with not disclosing convictions but as you can see from the Admiral Policy he did not have to do this mid term which is common with the majority of Insurers who would not look to load for a conviction (Excluding bans) until renewal date

JonBoy_SCFC

thank you very much dacouch for confirming my suspicions. :beer:


From my time working in a call centre i thought this was the case, but wasn't 100% sure and i wouldn't have thought about going to the T&Cs on the website like you did.

BrucieBonus & Tinkerbell: apology accepted;)

tinkerbell84

dacouch wrote: »

In general most Insurers (Not all notably Quinn) do not require you to notify them of a conviction until the renewal date unless it is a driving ban.

Page 7 of their current Policy Booklet under the section keeping your policy up to date states 3) Please Tell Us When You Renew - of any motoring convictions or fixed penalties you or any other driver on your policy had during the year or any pending prosecutions. Here is the link http://www.admiral.com/policyDocs/ADM.pdf

Admiral therefore do not require you to advise them mid term of motoring convictions unless there is a ban involved. They also state that any material fact (Excluding certain items they specifcally state) does not need to be advised until renewal.

I agree that is best practice to inform the Insurers immediately but there is not an obligation to inform them until renewal.

I would suggest the OP asks Admiral for all of the details they have for them under the Data Protection Act (Admiral are entitled to charge a nominal fee up to about £10) There is an outside chance this may show you had actually advised them of the convictions so they back down. Sometimes just asking for this will make them back down as there may be infomation you would rather not see or simply that they cannot be bothered to go to the hassle of supplying you.

I do not agree with not disclosing convictions but as you can see from the Admiral Policy he did not have to do this mid term which is common with the majority of Insurers who would not look to load for a conviction (Excluding bans) until renewal date

I'm sorry, but i've just renewed with an admiral company (i only ever get insurance from them) and there are terms in the policy booklet that have changed. they do now require points to be declared immediately.