Car Insurance Voided - FSA Agree

verityboo

I can understand that things must be declared to the insurer but it must make things difficult for anyone buying something like a third or fourth hand BMW Mini. Most leave the showroom new with a long list of extras so it must be virtually impossible for someone 8 years later to accurately state what extras it has?

mikey72

It's an odd ruling, as it appears to contradict previous rulings. http://www.financial-ombudsman.org.uk/publications/ombudsman-news/90/90-vehicle-related-complaints.htm#cs4

patman99

AS a large majority of family hacks come with alloys as standard these days, how the hell can the insurance company void a policy just because they are fitted.
My insurers (CIS) care-not what wheels are on the car, they base their policies on make/model/year/age of driver and fitted extras.
If a car is 2nd-hand, how the heck is the new owner to know whether or not the wheels on it are standard ?. After all, both the Focus I just sold and the Octavia I now own list several wheel/tyre combos in the manual. I would assume the wheels on the thing were fitted at the factory rather than afterwards.
BTW, when asked the questions about whether or not the car is standard, I always reply "to the best of my Knowledge". This covers me if any issues arise.

Limey

verityboo wrote: »

I can understand that things must be declared to the insurer but it must make things difficult for anyone buying something like a third or fourth hand BMW Mini. Most leave the showroom new with a long list of extras so it must be virtually impossible for someone 8 years later to accurately state what extras it has?

From what I understand the insurance companies will differentiate between the two. Factory fitted options are usually pretty obviously different to an 'aftermarket' one.

Aftermarket alloys will usually have the brand on the centrecaps while the factory fitted optional extra will retain the vehicle manufaturers badge on the centre cap.

It does pay to check when you buy a car for the very reason the OP has found out, the b'stards will try to wheedle their way out anyway possible and it won't put your premium up much more to declare something like non standard alloys.

Thing that really pees me off is that replacing damaged aftermarket alloys is 9 times out of 10 cheaper for the insurance company than replacing factory ones.

AlexisV

We don't if they were aftermarket or OEM wheels, so it's a bit difficult to advise.

vax2002

Plan D
You pay a legal expert to read the contract and tax it (terms and clauses).
If he thinks it is valid and enforceable you sue the Insurance company in court for the contract to be enforced.
All the court asks is you have exhausted the complaints procedure.
The FOS are a bit "star struck" when dealing with insurance companies and attend a few too many free lunches to do anything else.
Situations like this are basic contract Law and enforcing the contract is the next step.
The reason for refusal will be looked at as a fair or unfair term, this will be based upon if what you did had any effect on the outcome and if the situation would have been any different had you left the standard wheels on.
Judges are very good at getting hold of weasel worded lawyers on such terms and pushing them in to very tight corners.
You have tried the FOS, the result is only to be expected, they dont bite the hand that feeds.
Now try a contract Lawyer, if he takes the case and wins his legal fees will be added on, often when faced with such a threat, they have a change of heart and decide one off goodwill payments to be a better solution.

EdGasket

Where does it all end?
Do you have to inform the insurer if you fit a sport badge emblem? Change the tyres for a different brand? I often buy wheels and tyres from the breakers and simply fit them to my car. How am I expected to know that fitting a set of old alloys will void my insurance?
Everytime I call the insurer (Admiral) about something I have a real struggle to make them understand due to their Indian call centre which tries to fit the inquiry into one of their standard 'buckets' like new driver, change of car. It would be a nightmare trying to explain I am just saying that I have changed my wheels and wanting them to confirm they have been told !

Limey

EdGasket wrote: »

Where does it all end?
Do you have to inform the insurer if you fit a sport badge emblem? Change the tyres for a different brand? I often buy wheels and tyres from the breakers and simply fit them to my car. How am I expected to know that fitting a set of old alloys will void my insurance?
Everytime I call the insurer (Admiral) about something I have a real struggle to make them understand due to their Indian call centre which tries to fit the inquiry into one of their standard 'buckets' like new driver, change of car. It would be a nightmare trying to explain I am just saying that I have changed my wheels and wanting them to confirm they have been told !

Some of the quote forms I've filled in have had options for stickers and decals in the modifications section. :rotfl:

I wouldn't use Admiral if they paid me.

Nilrem

Limey wrote: »

Some of the quote forms I've filled in have had options for stickers and decals in the modifications section. :rotfl:

I wouldn't use Admiral if they paid me.

Probably because some of the "sticker and decals" people add to the car are there to make it look like a more expensive (thus more likely to be nicked) model, or for things like high end audio systems, which again make it more likely to be interfered with.
Also, vinyl wraps would be classed as stickers at a guess, and can significantly change how a car looks (not to mention be an additional expense to replace after a crash/scrape).

You think sticker as something like "I brake for horses", Insurance company thinks "Sony superduper soundsystem 7.1 500watt" or the sort of decals that were sometimes used on specific models of car to help show them as being a better than standard one.


I find it hard to believe that the insurance company would void insurance on a car that caught fire just because of undeclared alloy wheels, I thought that previous precedent had it that in such cases they just wouldn't cover the undeclared mods, as long as they had no connection to the cause of the claim.


P.S.
edgasket
IIRC depending on the type of tyres you may have to declare it - changing the profile, or from general to winter type tyres can from memory require notification as it can chance the handling characteristics of the car (thus the risks).

raskazz

vax2002 wrote: »

The reason for refusal will be looked at as a fair or unfair term, this will be based upon if what you did had any effect on the outcome and if the situation would have been any different had you left the standard wheels on.

This is simply factually incorrect and please stop giving out such poor advice. Furthermore the matter is not really one of "unfair terms", it is a matter of utmost good faith, which goes to question the very formation of the contract.

In the case of non-disclosure/misrepresentation there does not have to be a causal link between the non-disclosure/misrepresentation and the loss. All the insurer has to do is prove that they would not have accepted the risk had they known the true facts.