named driver non disclosure of points

babyboos

my partner recently took out insurance on his new car


he had a company policy before that for a number of years so his 9 plus yrs no claims discount was rejected fair enough it wasn't a huge premium anyway


he also added me to the policy in case I ever needed to drive the car but has not told them I had points for speeding offense three years ago


he didn't even think about it he said had forgotten all about it


he wasn't intentionally not revealing something and when I asked him had he been sure to give them all my details hadn't expressly said and remember the points thought when he said yes he had done it he was more concerned with the fact he had lost all those years of non claims


arrggg typical in hindsight


but now situation is I haven't been driving the car only he has and he has for the first time in 18years of driving cars had to make a claim for damage under his car which is quoted as costing as much as the car itself!


for all the body work etc


he has put it into the garage they advised etc and now two days after work starting they eventually leave him a voice mail saying they are not going to pay because of undisclosed points on my licence


absolutely floored us


we just cant understand why they haven't said something before as we know they check with dvla


so have they been deliberately sitting on this info


and why let him go to garage leave his car there get a courtesy car etc and then drop this on us


what on earth do we do


how do we go forward from this


thanks for listening hope someone has something constructive to say

runforlife

The problem is that your insurance premium was based on the information your partner told them. They've probably only checked the DVLA records when checking about the claim. Check your policy but I suspect that they will have a clause there that is a get out for them.

A quick google I found an example of policy wordings for Swift cover.

Your policy informationYou [FONT=Knockout 30 Junior Welterwt,Knockout 30 Junior Welterwt][FONT=Knockout 30 Junior Welterwt,Knockout 30 Junior Welterwt]must have answered truthfully all questions relating to [/FONT][/FONT]your [FONT=Knockout 30 Junior Welterwt,Knockout 30 Junior Welterwt][FONT=Knockout 30 Junior Welterwt,Knockout 30 Junior Welterwt]details; those of [/FONT][/FONT]your car [FONT=Knockout 30 Junior Welterwt,Knockout 30 Junior Welterwt][FONT=Knockout 30 Junior Welterwt,Knockout 30 Junior Welterwt]and of all [/FONT][/FONT]named drivers [FONT=Knockout 30 Junior Welterwt,Knockout 30 Junior Welterwt][FONT=Knockout 30 Junior Welterwt,Knockout 30 Junior Welterwt]on [/FONT][/FONT]your policy [FONT=Knockout 30 Junior Welterwt,Knockout 30 Junior Welterwt][FONT=Knockout 30 Junior Welterwt,Knockout 30 Junior Welterwt]that [/FONT][/FONT]we [FONT=Knockout 30 Junior Welterwt,Knockout 30 Junior Welterwt][FONT=Knockout 30 Junior Welterwt,Knockout 30 Junior Welterwt]asked when [/FONT][/FONT]your policy [FONT=Knockout 30 Junior Welterwt,Knockout 30 Junior Welterwt][FONT=Knockout 30 Junior Welterwt,Knockout 30 Junior Welterwt]started. [/FONT][/FONT]You [FONT=Knockout 30 Junior Welterwt,Knockout 30 Junior Welterwt][FONT=Knockout 30 Junior Welterwt,Knockout 30 Junior Welterwt]must also have truthfully agreed to all statements that [/FONT][/FONT]we [FONT=Knockout 30 Junior Welterwt,Knockout 30 Junior Welterwt][FONT=Knockout 30 Junior Welterwt,Knockout 30 Junior Welterwt]listed in the terms and conditions relating to [/FONT][/FONT]your policy [FONT=Knockout 30 Junior Welterwt,Knockout 30 Junior Welterwt][FONT=Knockout 30 Junior Welterwt,Knockout 30 Junior Welterwt]when it started. If [/FONT][/FONT]you [FONT=Knockout 30 Junior Welterwt,Knockout 30 Junior Welterwt][FONT=Knockout 30 Junior Welterwt,Knockout 30 Junior Welterwt]fail to do so [/FONT][/FONT]we [FONT=Knockout 30 Junior Welterwt,Knockout 30 Junior Welterwt][FONT=Knockout 30 Junior Welterwt,Knockout 30 Junior Welterwt]may:[/FONT]
[FONT=Knockout 30 Junior Welterwt,Knockout 30 Junior Welterwt]a) declare [/FONT][/FONT]your policy [FONT=Knockout 30 Junior Welterwt,Knockout 30 Junior Welterwt][FONT=Knockout 30 Junior Welterwt,Knockout 30 Junior Welterwt]void from inception (which means treating it as invalid), [/FONT][/FONT]we [FONT=Knockout 30 Junior Welterwt,Knockout 30 Junior Welterwt][FONT=Knockout 30 Junior Welterwt,Knockout 30 Junior Welterwt]may not make any return of premium and also recover any unpaid premium.[/FONT]
[FONT=Knockout 30 Junior Welterwt,Knockout 30 Junior Welterwt]b) cancel this [/FONT][/FONT]policy [FONT=Knockout 30 Junior Welterwt,Knockout 30 Junior Welterwt][FONT=Knockout 30 Junior Welterwt,Knockout 30 Junior Welterwt]by giving [/FONT][/FONT]you [FONT=Knockout 30 Junior Welterwt,Knockout 30 Junior Welterwt][FONT=Knockout 30 Junior Welterwt,Knockout 30 Junior Welterwt]21 days notice in writing to either the email or the postal address last known to [/FONT][/FONT]us [FONT=Knockout 30 Junior Welterwt,Knockout 30 Junior Welterwt][FONT=Knockout 30 Junior Welterwt,Knockout 30 Junior Welterwt]and return any premium less [/FONT][/FONT]our [FONT=Knockout 30 Junior Welterwt,Knockout 30 Junior Welterwt][FONT=Knockout 30 Junior Welterwt,Knockout 30 Junior Welterwt]cancellation charge of £52.50 or recover any unpaid premium.[/FONT]
[FONT=Knockout 30 Junior Welterwt,Knockout 30 Junior Welterwt]c) remove one or more [/FONT][/FONT]named drivers [FONT=Knockout 30 Junior Welterwt,Knockout 30 Junior Welterwt][FONT=Knockout 30 Junior Welterwt,Knockout 30 Junior Welterwt]from [/FONT][/FONT]your policy [FONT=Knockout 30 Junior Welterwt,Knockout 30 Junior Welterwt][FONT=Knockout 30 Junior Welterwt,Knockout 30 Junior Welterwt]and adjust [/FONT][/FONT]your [FONT=Knockout 30 Junior Welterwt,Knockout 30 Junior Welterwt][FONT=Knockout 30 Junior Welterwt,Knockout 30 Junior Welterwt]premium accordingly.[/FONT]
[FONT=Knockout 30 Junior Welterwt,Knockout 30 Junior Welterwt]d) recover any shortfall in premium.[/FONT]
[FONT=Knockout 30 Junior Welterwt,Knockout 30 Junior Welterwt]e) not pay any claim that has been or will be made under the [/FONT][/FONT]policy[FONT=Knockout 30 Junior Welterwt,Knockout 30 Junior Welterwt][FONT=Knockout 30 Junior Welterwt,Knockout 30 Junior Welterwt].[/FONT]
[FONT=Knockout 30 Junior Welterwt,Knockout 30 Junior Welterwt]f) be entitled to recover from [/FONT][/FONT]you [FONT=Knockout 30 Junior Welterwt,Knockout 30 Junior Welterwt][FONT=Knockout 30 Junior Welterwt,Knockout 30 Junior Welterwt]the total amount of any claim already paid under the [/FONT][/FONT]policy [FONT=Knockout 30 Junior Welterwt,Knockout 30 Junior Welterwt][FONT=Knockout 30 Junior Welterwt,Knockout 30 Junior Welterwt]or any claim [/FONT][/FONT]we [FONT=Knockout 30 Junior Welterwt,Knockout 30 Junior Welterwt][FONT=Knockout 30 Junior Welterwt,Knockout 30 Junior Welterwt]have to pay under any relevant road traffic legislation, plus any recovery costs.[/FONT][/FONT]

[FONT=Knockout 30 Junior Welterwt,Knockout 30 Junior Welterwt][FONT=Knockout 30 Junior Welterwt,Knockout 30 Junior Welterwt]Please tell [FONT=Knockout 70 Full Welterwt,Knockout 70 Full Welterwt][FONT=Knockout 70 Full Welterwt,Knockout 70 Full Welterwt]us [/FONT][/FONT]at renewal about the following changes:
a) if [FONT=Knockout 70 Full Welterwt,Knockout 70 Full Welterwt][FONT=Knockout 70 Full Welterwt,Knockout 70 Full Welterwt]you [/FONT][/FONT]or any named driver receive a motoring conviction, fixed penalty notice or licence endorsement, are banned from driving or change licence entitlement.

I suspect that most policies will have similar. I think the best you can hope for is to try to explain it was an oversight and see if you can pay the additional premium that your penalty points would have made to the policy and to get it reinstated....but I wouldn't hold my breath.

Also worth a try...if your penalty notice was over 3 years ago then it will be 'spent' although still show on your licence. Don't know if that will have any bearing on it.
[/FONT][/FONT]

tberry6686

see if you can get a quote from them disclosing the points. If so then they are being a bit naughty as the ombudsman says that if the non disclosure was unintentional then they should meet the claim but increase the premium to what it should have been with the points added.

If they will not give a quote with the points being disclosed then it may be that they would not have taken on the policy had they known and then would be justified in voiding the policy from inception.

Most insurance companies only check points etc in the event of a claim so nothing unusual there.

Aretnap

http://www.financial-ombudsman.org.uk/publications/technical_notes/misrepresentation-and-non-disclosure.htm

Assuming (a) that the non-disclosure was careless, rather than reckless or deliberate and (b) that the insurer would have agreed to cover you had they known about the points, albeit at a higher premium (few insurers would refuse to insure outright because a named driver had a single speeding conviction) what they should do is pay the claim, but reduce the payout by a percentage which reflects the difference between the premium you should have paid and the premium you actually paid. This has been the view of the Ombudsman for years, and in now enshrined in law in the Consumer Insurance Act.

You'll need to ask for details of your insurer's complaints procedure and make a complaint. If you can get a quote from them to show that they would have insured you had you declared the points it will help. If the outcome of the complaint is not satisfactory you can escalate to the Ombudsman.

Aretnap

runforlife wrote: »

Also worth a try...if your penalty notice was over 3 years ago then it will be 'spent' although still show on your licence. Don't know if that will have any bearing on it.

If a conviction results in a fine (like 99% of motoring convictions) it takes 5 years to become spent.

http://www.lawontheweb.co.uk/Road_Traffic_Law/Rehabiliation_of_Offenders_Act

That's why insurers ask about convictions in the last 5 years. The fact that the points cease to count for totting purposes after 3 years doesn't change this.

CKhalvashi

Aretnap wrote: »

http://www.financial-ombudsman.org.uk/publications/technical_notes/misrepresentation-and-non-disclosure.htm

Assuming (a) that the non-disclosure was careless, rather than reckless or deliberate and (b) that the insurer would have agreed to cover you had they known about the points, albeit at a higher premium (few insurers would refuse to insure outright because a named driver had a single speeding conviction) what they should do is pay the claim, but reduce the payout by a percentage which reflects the difference between the premium you should have paid and the premium you actually paid. This has been the view of the Ombudsman for years, and in now enshrined in law in the Consumer Insurance Act.

You'll need to ask for details of your insurer's complaints procedure and make a complaint. If you can get a quote from them to show that they would have insured you had you declared the points it will help. If the outcome of the complaint is not satisfactory you can escalate to the Ombudsman.

This was one of the links I was looking for.

They will probably be forced to pay a proportion on the premium you paid, so for example, if they would have charged £600, and he paid £500, with a £6000 repair bill, they would have to stump up £5000 of this.

There was an FOS link (if the one above wasn't it) on this, and it seems to be how it works.

CK

rs65

CKhalvashi wrote: »

They will probably be forced to pay a proportion on the premium you paid, so for example, if they would have charged £600, and he paid £500, with a £6000 repair bill, they would have to stump up £5000 of this.

Are you sure? That sounds more like an under-insured situation.

I thought that if an insurer was to accept a risk following disclosure of points, they would just charge whatever premium was due in the first place. This assumes of course that they would have accepted the risk and that they are happy the non-disclosure was accidental.

dacouch

rs65 wrote: »

Are you sure? That sounds more like an under-insured situation.

I thought that if an insurer was to accept a risk following disclosure of points, they would just charge whatever premium was due in the first place. This assumes of course that they would have accepted the risk and that they are happy the non-disclosure was accidental.

http://lawcommission.justice.gov.uk/areas/consumer-insurance.htm

mrstommo

I took out a fixed term life insurance on my husband's life up until he is 80.Would it be possible to change this to include myself and the polcy to pay out on the first to die?

kingstreet

mrstommo wrote: »

I took out a fixed term life insurance on my husband's life up until he is 80.Would it be possible to change this to include myself and the polcy to pay out on the first to die?

You may wish to start a thread of your own, rather than hijack a thread on a completely different subject.

mrstommo

kingstreet wrote: »

You may wish to start a thread of your own, rather than hijack a thread on a completely different subject.

Thank you for your very unhelpful comment! I certainly did not post on this thread but on one related to life insurance - maybe not 100% related to the topic but fairly close. I am unsure how to start a new thread and responses like yours do nothing to encourage me to make the effort to even try.