Unaware Car Insurance Was Cancelled

katcris

I insured my car with Tesco in April, my daughter is a named driver and was bumped on the motorway that pushed her into the car in front (17.8.13). She was in a bit of a state but I told her the insurance would deal with it. When I called them to make them aware, they informed me my policy was cancelled 4.6.13 due to not receiving proof of NCD in time, they received it 10.6.13. I had to call them back the next day, I told them I had never received anything in the post other than the reminder that they hadn't received the proof and that point I sent if off, when I never heard anything back I assumed everything was ok. They said they had sent letters by e-mail as I requested this, NO I requested my policy by e-mail as I have always done with previous insurances then everything else comes by post. As far as I was concerned once I received my policy through e-mail then that was all I needed from Tesc and everything else from I received was junk so I didn't read them, they said once I request anything by e-mail then that's the address everything goes to. We we're both distraught as we had been driving about from April - August without insurance. When I pointed this out to them, and thinking about the worse case scenario I was told "think you're taking it a bit far". They re-insured me there and then at £146 cheaper but when the new policy came in it said I have never had a policy cancelled. I called them AGAIN to say I have had a policy cancelled by YOU, they said I would need a referral form about this then paused, told me to hold on as his colleague was telling him to sort it right now, he told me I have NEVER had a policy cancelled and not to worry about anything. I have now received another policy from them, 1st one declared the accident, the 2nd one states, "any accidents - NONE". I don't know where I now stand, are there anymore clauses in this that I don't know....I'm now terrified to drive, we have a £1500 bill to fix the car, because "Legally" we shouldn't have been on the road, my daughter's been attending the doctor for pain in her neck and chest and I'm a complete wreck over this. :(

notanewuser

How did you pay for the original policy?

Have you asked if they will reinstate the original policy? You REALLY don't want a cancelled policy on your hands for years to come.

spacey2012

Please Answer these questions:
1. Did you have a certificate of insurance printed by them.
2. if Yes Does this certificate list dates of the insurance and does it cover the date in question .

The certificate in hard copy is a very important document and you should always have a hard copy of a signed certificate of insurance.

Insurance certificates are covered by literally hundreds of case law judgements and holding the hard copy offers you the protection of that case law.

Quentin

If the collision was caused by the third party who pushed her into the car in front, then she can claim all her repair costs and compensation for her injury off that party.

katcris

I payed for the policy by monthly direct debit, I don't get statements with the account, when I checked online banking, they payed back 1 months money (6.6.13). I have the original policy, when I told them I had it, I was told they didn't need it back I could bin it...eh don't think so, that's my proof and as it states in their handbook "I must return the original policy as it is a criminal offence to hold on to it" so have I now broken the law? Will the police come invoved? Will I end up with a fine and points? again I was told I was taking it too far:mad:. I don't know if I could claim the person behind as we shouldn't have driving. We haven't heard from any of the other drivers involved, I am frightened to contact them in case they get wind of this situation, so do I put it down to bad experience and get the car repaired???

Quentin

You being uninsured doesn't affect you being able to claim off the liable third party.

In view of the injury you might consider using a claim handler/injury solicitor to deal with this for you

spacey2012

What you need to do now, is send them a "Subject access request" with a cheque for £10.
Demand they forward copies of all documents they hold in relation to your data and copies of all letters they have sent through the post.

If they can not provide a copy of a letter giving 7 days notice of the cancellation of the policy which was sent at the time of cancellation and you hold the certificate of insurance as the law stands the insurance was valid and is until the dates shown on the certificate or served notice of cancellation.
Notice of cancellation of insurance must be sent in the post in writing and signed on behalf of the company.

The bit about it been a criminal offence to have the certificate is an utter lie.

Start by seeing if they do have copy of a letter cancelling it they posted.
See if you remember any letter arriving in the post.

katcris

I asked them to send a copy of all corespondence they had, they sent me a copy of all the e-mails. They sent the cancellation this way, but I didn't read any e-mails from them as I thought they were all junk. In the handbook it states they will send cancellation to "your last known address" they say that means e-mail because I requested my policy this way. I am 99% sure I received the letter about the NCD in the post, but they way their acting is now making me doubt myself, it's their word against mine.

dacouch

spacey2012 wrote: »

What you need to do now, is send them a "Subject access request" with a cheque for £10.
Demand they forward copies of all documents they hold in relation to your data and copies of all letters they have sent through the post.

If they can not provide a copy of a letter giving 7 days notice of the cancellation of the policy which was sent at the time of cancellation and you hold the certificate of insurance as the law stands the insurance was valid and is until the dates shown on the certificate or served notice of cancellation.
Notice of cancellation of insurance must be sent in the post in writing and signed on behalf of the company.

The bit about it been a criminal offence to have the certificate is an utter lie.

Start by seeing if they do have copy of a letter cancelling it they posted.
See if you remember any letter arriving in the post.

Do you have any evidence that the cancellation notice must be sent in the post and that it must be signed?

The RTA specifically states a policyholder must return a certificate within seven days of cancellation or send a stat dec or send an email confirming the certificate has been destroyed. Whether there's a punishment for not carrying this out I've never seen anything actioned

spacey2012

You can research the case law yourself, if you require me to do it for you, I will have to charge you for my time.

dacouch

spacey2012 wrote: »

You can research the case law yourself, if you require me to do it for you, I will have to charge you for my time.

The RTA allows the Insurer to cancel the Insurance " by virtue of any provision in the policy" so if the wording in the Policy states the Insurer can cancel via sending an email then they can.