car insurance accident claim

OnanTheBarbarian

By all means ask them for a breakdown of how the figure of £17k was arrived at, making it clear that you need to be able to understand their breakdown - so no use them saying OC1 - £2500 - you need to be able to see what aspect this has been sent on.

In reality, this is probably not going to get rid of the problem and will at best cause a delay in matters but could give you scope to argue that their own performance has added to the eventual outlay. By this I mean if for example there was a credit hire claim by the other party and your insurers have sat on their hands and been really slow at dealing with the payment for the third party repairs or write off, this may have drawn out the period of time the other party hired a replacement vehicle for.

So long as there was no delays caused by you being slow to respond, there is the possibility of shaving off a few quid here, but overall, you have breached your policy terms and conditions with the non-disclosure issue and this gives your insurer the right to make a nuisance of themselves.

Check the financial ombudsman site for info about non-disclosure as there have been recent developments as to how harsh an insurer can be, depending in whether the non-disclosure seems like a serious point and whether their questioning was ambiguous or not.

dacouch

OnanTheBarbarian wrote: »

Check the financial ombudsman site for info about non-disclosure as there have been recent developments as to how harsh an insurer can be, depending in whether the non-disclosure seems like a serious point and whether their questioning was ambiguous or not.

The accident was 2011 so the new rules won't apply although well worth reading the Ombudsman site

vaio

as you say, worth a read,

I'm pretty sure the "new rules" are responding to the legislation which was itself largely based on previous FOS decisions under their "fairness" ethos so it just puts them on a legal basis.

Interesting question though....a non disclosure in in 2010, the accident in 2011 and the consequence of the non disclosure comes and bites him in 2014. If the rules have changed then which set would be used?

Either way, with £17k at stake, it's got to be worth getting hold of a copy of the proposal when the non disclosure is said to have happened. If the OP is lucky they won't have it any more or the question will be ambiguous so a complaint/FOS referral might bear fruit

Bonez14

what kind of priority is this debt. if i ignore the ccj will it be criminal offense. also if i stay clear of it for 6 years can they still chase me?

Quentin

If you ignore a ccj then the claimant moves on to enforcing it. (Eg bailiff/earnings attachment etc)

TSx

It wouldn't be a criminal offence to ignore (but they have plenty of options to enforce).

They have 6 years to obtain a CCJ - and once a CCJ is obtained, they have a further 6 years to enforce it (any payments will reset this 6 year clock). After that, they can apply to the court for enforcement, which is unlikely to be obtained unless they can show you have wilfully evaded paying it.

FlameCloud

vaio wrote: »

Interesting question though....a non disclosure in in 2010, the accident in 2011 and the consequence of the non disclosure comes and bites him in 2014. If the rules have changed then which set would be used?

The law / rules that are in force at the time of the potential breach. Its why alot of the celeb sex cases are being tried under sexual assualt when they are rape by todays laws.

The remedies available to insurers havent changed though - they were codified but the actual text is virtually identical. The ops biggest issue is that for alot of insurers a recent disqual will be an automatic rejection, so they cannot be forced to accept an additional premium.

Like you say though, given the value its worth a punt at looking at the disclosure questions.

Bonez14

vaio wrote: »

as you say, worth a read,


Either way, with £17k at stake, it's got to be worth getting hold of a copy of the proposal when the non disclosure is said to have happened. If the OP is lucky they won't have it any more or the question will be ambiguous so a complaint/FOS referral might bear fruit

What do you mean exactly by the non disclosure. what is OP? Bell is part of Admiral are they not a very large known car insurance company. will they not keep record of telephone conversations and letters sent out and received?

Bonez14

has anyone heard of or know anyone that has managed to get away by ignoring it even after ignoring a CCJ? I have heard of people getting away with £700,000 from gas/electricity bills.

Bonez14

OnanTheBarbarian wrote: »

Check the financial ombudsman site for info about non-disclosure as there have been recent developments as to how harsh an insurer can be, depending in whether the non-disclosure seems like a serious point and whether their questioning was ambiguous or not.

I have read financial ombudsman site and i don't believe their questions was ambiguous enough.