Car Insurance want to charge me for not declaring 3 points

oldwiring

lisyloo. I think we have heard you:D . Insurance contracts depend on 'uberrimae fidei', that is utmost good faith between the parties. The insurer was not told of something that may have influenced their decision to insure and the rate to be charged. Therefore in my view they have been fair in asking for an increase of premium as opposed to voiding the contract.

However I do have one gripe. that they are aloowed to use questions such
as, "is there anything else you believe the company should know?", as what the applicant believes is not waht the insurer wants to know, It leaves the applicant in need of ESP. The law should be changed to defined questions only tp prevent doubt.

anniecave

yeah when I got three points I rang them up and they said they'd just make a note on my file and it would be taken into account at renewal, not before

but I guess individual insurance companies vary

the utmost good faith principle means I would always let an insurance company know about this sort of thing.

I recall putting my details in one of the websites for a quote and having three points upped the preumium by about £60 so obviously the computer did think it was significant.

lisyloo

Sorry, site was giving me errors.
Have deleted many messages now.

iceman_2

lisyloo wrote:

This is pure speculation (unless you have priviledeged info).



If there is proof that they would not have covered you on any claim then I think you might have a case for not paying it.
Is there such proof?

How about precedent? all that is needed therefore is to find someone who has been denied a claim because of failure to supply up to date information.

As for the comment being pure speculation, maybe so. However everyone I know who has ever tried to make an insurance claim for anything has had the insurance company try to wriggle out of paying up. This would have given them the perfect excuse to wriggle out in case the OP made a claim. Obviously you know different.

lisyloo

How about precedent? all that is needed therefore is to find someone who has been denied a claim because of failure to supply up to date information.

You would need sufficient evidence to be confident of convincing a magistrate in the courts of THAT companies actions (not other companies).
In the meantime the debt may be sold on and have costs added onto it.
Personally I would want a lot more than one case. Several perhaps to be confident of a case.

So pros are:
You might save £150

Cons are:
You will have to find several cases with that company.
You will have the debt company on your back.
You might get taken to court.
You might lose and have to pay a lot of costs added on by the debt company.

I don't have enough evidence to say whether you would win or lose but I can clearly see that there is quite a large degree of hassle and risk involved and that's IF you can find the information somewhere.
Unless you have a mate that works at the company and is prepared to risk their job giving you the information then I'm not sure how you would prove it.

Anarchist

I would just pay it. If you refuse, they will instantly invalidate your insurance and blacklist you.

The consequences? Nobody will touch you for insurance again, bar those that massively overcharge. And they'd be right to do this.

nickmack

Just feel lucky that you didn't disable anyone whilst driving.

If you'd been facing a several hundred thousand pound claim for personal injury, your insurers would rightly not have been interested. Imagine paying that off for the rest of your life!

Supernova

anniecave wrote:

yeah when I got three points I rang them up and they said they'd just make a note on my file and it would be taken into account at renewal, not before

but I guess individual insurance companies vary

the utmost good faith principle means I would always let an insurance company know about this sort of thing.

I recall putting my details in one of the websites for a quote and having three points upped the preumium by about £60 so obviously the computer did think it was significant.

Just changed insurance today. Admiral seem to charge £47 more for an SP50 3 points whereas Direct Line only wanted £25. I got caught in November but no conviction yet, so apparently I don't have to pay until next year's renewal.

Topher_Bear

I may be wrong, but isn't it considered fraud to not to declare details which could effect your insurance? Since the points were obtained end 2004, you are renewing now, meaning that you failed to tell them on two renewal occasions!

I would say you are lucky to be getting away with only a £150 back payment, and not a fine and/or criminal proceedings. Insurance companies share information, you might find others not so helpful to you in future!

Pay-up & move on.

In my experience Admiral provide good service for an insurance company.

easynotec3

lisyloo wrote:

If there is proof that they would not have covered you on any claim then I think you might have a case for not paying it.
Is there such proof?

It usually states in the terms and conditions of the policy that "all material facts must be disclosed over the duration of the policy. Any non-disclosure may result in the policy being cancelled and any claim not been paid"

Points on your license are a material fact and therefore the Insurance Co would have been withen their rights NOT to pay for a claim