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Insurance...and Data Protection Act

Hi there,

I have posted a couple of times on this board about insurance. Anyhow, going through all the comparison sites, and then adding my retired father, and my sister who is a teacher I managed to get the quote down to £755. I had a incident in September 2011, where another vehicle drove into the back of me. There was no damage, they accepted liability and I did not claim a penny. My NCB still stands. However, despite declaring this information on a comparison website and a quote of £755 comes up, I have to ring the insurer(there are several around the £755) to process my payment. They all run through my details, including the incident and they ask for my card details and a button must be pressed and they the price goes up to over £900. I ask why, and standard answer is usually given that because of the incident I am statistically more a risk. Anyhow, I have sent a email(see below) to my current insurer and I need to get that incident of my record. I know I need to declare it but having not claimed anything I feel I am being discriminated very harshly.

Dear Sir/Madam

Under the subject to access(Data Protection Act) I am requesting all data you hold in my name(including all recorded phone calls). I am particularly interested in a phone call dated 26/06/2012.

This is in relation in a renewal and a complaint to the Office of Fair Trading, and DPA complaint about Automated decision making.

"What rights do individuals have?
The Act gives individuals three rights in relation to automated decision taking.

The first is the right to prevent such a decision being taken. You must not take an automated decision if an individual has given notice in writing asking you not to.

The second right applies where no such notice has been given. An organisation that takes an automated decision must inform the individual concerned that it has done this. It must do so as soon as is practicable in the circumstances.

The third right relates to the options available to an individual on receiving this information. If an individual is unhappy that an automated decision has been taken, they have 21 days to ask you to reconsider the decision or to take a new decision on a different basis. In most cases, both these options are likely to involve a review of the automated decision."

Please kindly reply in receipt of receipt of this email and this is a hard copy for your purposes and print off all correspondence.

Yours Sincerely
xxxxx
«13

Comments

  • huckster
    huckster Posts: 5,385 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Is there a point to your post ? No request for advice or any questions?

    If you report an accident involving a third party, it will stay on record. It may be noted as non fault with no settlement having been paid. ( Ask the Insurers for the status of the claim on their record)

    If you have a problem with the Insurers not honouring quotes provided by comparisons sites, then make a complaint to the comparison site. The Insurers should not increase the premium, if the information is the same as was entered on the comparison site. Comparison sites work with Insurers to make sure this type of problem should not happen.
    The comments I post are personal opinion. Always refer to official information sources before relying on internet forums. If you have a problem with any organisation, enter into their official complaints process at the earliest opportunity, as sometimes complaints have to be started within a certain time frame.
  • Quentin
    Quentin Posts: 40,405 Forumite
    If there was no damage, and no possibility of a third party claim, why did you declare the incident?

    When you did report this, then it (correctly) went on your history. You cannot demand it is removed from your record if the collision took place as you reported it!
  • dunstonh
    dunstonh Posts: 120,175 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    I trying to see what wrongdoing has occurred here but cant.

    OP had an incident and reported it to the insurer. No claim was made but obviously the incident is factual and reported. Now he wants the incident removed. However, the insurer will not.

    The rest of the post is a mash of random words put together. The DPA does not cover this and the OFT arent going to be interested as the incident was factual and the pricing of insurance is risk based and people who have accidents, even if not their fault, are more likely to suffer another one in the short term than those that have not.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • mgmgrand1
    mgmgrand1 Posts: 62 Forumite
    I reported as it was a commercial vehicle and he said that he would have let his employers know so I unsuspectingly did so not knowing how drastically it would effect my renewal and when trying to insure. I reported it on the day of the incident. What I was asking is whether I it would be possible to get this of my record. It does seem silly to have a automated decision and very unfair. It does seem it is likely to stay on my record unfortunately.
  • mgmgrand1
    mgmgrand1 Posts: 62 Forumite
    The rest of the post is a mash of random words put together. The DPA does not cover this and the OFT arent going to be interested as the incident was factual and the pricing of insurance is risk based and people who have accidents, even if not their fault, are more likely to suffer another one in the short term than those that have not.[/QUOTE]

    The DPA do cover it and OFT were interested in it.
  • Quentin
    Quentin Posts: 40,405 Forumite
    mgmgrand1 wrote: »

    The DPA do cover it and OFT were interested in it.

    Sure they weren't humouring you?

    What form did this "interest" take?
  • dunstonh
    dunstonh Posts: 120,175 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    The DPA do cover it

    No they dont. The DPA covers storage of data and its use. Not commercial pricing of insurance.
    OFT were interested in it.

    Ok. What was the outcome from the OFT then?
    What I was asking is whether I it would be possible to get this of my record.

    You want a factual event that you are legally obliged to report to be removed from your insurance record. No.
    It does seem silly to have a automated decision and very unfair.

    Actuaries assess the risks and firms make pricing decisions based on those risks. You are now statistically a higher risk driver. Some insurers will increase their premiums because of that.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • mgmgrand1
    mgmgrand1 Posts: 62 Forumite
    I agree with what you all you are saying...but a £100 rise when just before going through the payment it harsh.

    No, they weren't 'humouring'(and that quite frankly is insulting) me. As for the DPA, well of course I am interested in what data is stored in my name. Who wouldn't be? I dread to think if I do have a at fault claim.
  • Quentin
    Quentin Posts: 40,405 Forumite
    mgmgrand1 wrote: »

    No, they weren't 'humouring'(and that quite frankly is insulting) me......

    It wasn't intended as an insult but an explanation of why they seemed to express "interest".

    So what form did the "interest" take?
  • mgmgrand1
    mgmgrand1 Posts: 62 Forumite
    "Quentin" I had a very interesting discussion with a official from the OFT. He advised to send a email to the insurers asking for subject to access and mention the automated system.

    Would anyone else be pleased for a jump in the price after going through all and declaring everything only for a underwriter to put a huge rise at the very last moment?
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