Ridiculous push bike car insurance rule

Chrisblue1962

So, using Allianz's logic, if I'm walking down the road and get hit by a driver, who injures me, I am then therefore a greater risk when driving my own car?

It's just another example of a money-grabbing company not wanting to lose out to a genuine claim.

Take then to the cleaners over DPA breach!

antrobus

magpiecottage wrote: »

....What Allianz seems to have done is taken data required for the third party claim and processed it in respect of something completely different - i.e. your insurance policy.
...

Presumably Allianz got the data from CUE.

Insurance Database Services Limited's entry in the Data Protection Register, which may be inspected at the Data Protection Commissioner's Office in Wilmslow, states that the purpose for which the data are to be held or used is for "maintaining a register of personal insurance claims for underwriting purposes and to detect cases of suspected fraud".

http://www.insurancedatabases.co.uk/default.aspx

System

dacouch wrote: »

"Please indicate if you had any motoring claims, accidents or losses, regardless of blame, in the last 5 years, or has anyone made a motoring claim against you"

If a cyclist had been to blame, and caused an accident, then the innocent motorist would presumably be pursuing what he would perveive as "a motoring claim".
We are frequently told that an incident is an incident regardless of blame.
So if the cyclist were subsequently cleared of fault, it would none the less remain a motoring incident?

dacouch

Clifford_Pope wrote: »

If a cyclist had been to blame, and caused an accident, then the innocent motorist would presumably be pursuing what he would perveive as "a motoring claim".
We are frequently told that an incident is an incident regardless of blame.
So if the cyclist were subsequently cleared of fault, it would none the less remain a motoring incident?

The motorist would need to declare the claim, highly unlikely the cyclist would need to declare it.

I would be very very surprised if this went to the Ombudsman from this case that the FOS would side with the Insurer. It would be even less likely to rule in the Insurers favour if this came to light as a non disclosure due to the requirement of asking clear questions.

magpiecottage

antrobus wrote: »

Presumably Allianz got the data from CUE.

Insurance Database Services Limited's entry in the Data Protection Register, which may be inspected at the Data Protection Commissioner's Office in Wilmslow, states that the purpose for which the data are to be held or used is for "maintaining a register of personal insurance claims for underwriting purposes and to detect cases of suspected fraud".

Possibly - but I doubt they would get away with saying that this was a purpose for which they had consented.

antrobus

magpiecottage wrote: »

Possibly - but I doubt they would get away with saying that this was a purpose for which they had consented.

Don't know, to be honest.

Although insurance contracts are supposedly subject to the doctrine of 'utmost good faith' - you're supposed to tell your insurance company everything anyway, so the fact that they have found out something that you didn't tell them, shouldn't be an issue in law.

Certainly if Allianz asked a question so worded so that the answer would involve disclosure of a particular claim, then they would, I believe, be entitled to consult CUE to confirm the accuracy of that answer.

dacouch

antrobus wrote: »

Don't know, to be honest.

Although insurance contracts are supposedly subject to the doctrine of 'utmost good faith' - you're supposed to tell your insurance company everything anyway, so the fact that they have found out something that you didn't tell them, shouldn't be an issue in law.

Certainly if Allianz asked a question so worded so that the answer would involve disclosure of a particular claim, then they would, I believe, be entitled to consult CUE to confirm the accuracy of that answer.

Insurance is a contract of Utmost good faith however the insurer have to ask a specific question, you do not have to volunteer information they have not asked