Undeclared Banned Named Driver

sdon25

Hi All,

For anyone still interested, I just found out that my insurance is completely void.
Their reason was that if they had known my named driver was banned they wouldn't have insured me... Obviously..

Even though my named driver never actually drove the car and made hardly any difference to my premiums, I won't be getting any of the money back. Although I suppose they are still within their rights to decline me because I didn't check the renewal for any named drivers?

One thing that has confused me though is that while my claim has taken 7 months to be processed, and in that time I found out that I had a banned named driver on my policy, they wouldn't let me take her off the policy because I still had an outstanding claim. She is still a named driver on my policy! This means that I have been driving around uninsured for the last few months and haven't been able to make any changes. I have also been paying a ridiculous amount to insure a temporary car because I have had an outstanding claim.

In future I will be checking my insurance renewals, and if I happen to make an honest mistake like this one again I will definitely lie to them!

Thanks for all the advice!

Quentin

sdon25 wrote: »

In future I will be checking my insurance renewals, and if I happen to make an honest mistake like this one again I will definitely lie to them!.....

As you have discovered, they eventually discover any lies! Often at the worst possible time as in your case (following a claim).


Learn from this - though this is bad news - having a voided policy on your record has to be disclosed to any insurer you approach for a quote or cover, and you will find very few who are prepared to offer cover (and if they do it will be expensive)

sdon25

As you have discovered, they eventually discover any lies! Often at the worst possible time as in your case (following a claim).

I didn't lie. They asked me why I hadn't declared a named driver had been banned, and I told them that I hadn't checked my renewals since first taking out the policy in 2013. There is no way I could have benefited from keeping it from my insurer anyway. My point is that if I had lied and told them I didn't know she was banned, they would have paid out.

And yes, I have checked the cost of new insurance now that I have lost my NCB and I have a voided policy on my record it is twice as much as what I should be paying, presumably for the rest of my life.. fantastic..

Does anyone have any experience in appealing against something like this?

lr1277

OP - when you say your policy is void, does that mean the insurance company cancelled it?

For anybody who knows, out of curiosity: Say the OP's policy was cancelled by the insurer and he now has to declare this cancelled insurance on all future insurance applications; do the named drivers (i.e. the parents) have to declare the cancelled insurance as well? Like I said, I am somewhat curious.

paddyandstumpy

OP, if you feel the voidance wasn't right you should follow the insurers complaints procedure.
If they don't change their mind or don't resolve it within 8 weeks you have the right to escalate to the Financial Ombudsman who will review it impartially.

However, if the insurer can demonstrate they wouldn't have entered into the contract had the facts been known, they are right to have voided to recuse themselves of cover and liability. In my mind they have done right.

Quentin

lr1277 wrote: »

......Say the OP's policy was cancelled by the insurer and he now has to declare this cancelled insurance on all future insurance applications; do the named drivers (i.e. the parents) have to declare the cancelled insurance as well? Like I said, I am somewhat curious.

No. .

But were the parents to want to add the op as a named driver on to their policy, then they would need to disclose that the op had a cancelled policy in the past.

Insurers ask if the proposer or anyone to be covered by the policy has had a policy cancelled

Quentin

sdon25 wrote: »

I didn't lie..... They asked me why I hadn't declared a My point is that if I had lied and told them I didn't know she was banned, they would have paid
...

No they wouldn't.

They discovered she was banned, and had you lied and claimed you never knew it would have the same outcome.

You agree to keep your insurer informed about named driver's convictions ( as well as claims/losses/changes of occupation etc) when accepting their ts & cs when buying the policy

Armorica

You could try complaining to them and then the ombudsman. To be fair, it can't get any worse....

- The assertion they wouldn't insure you if she was on your policy doesn't add up. Obviously if she was banned when you first took out the policy she would never have been a named driver. And is seems rather unbelievable that your mother was so pivotal to your policy if your father was also named (and if he has a clean record). You'd also built up a clean record so the likelihood of them insuring you with no named drivers would have been higher in 2015 than in 2013.
- You could also try reclaiming all the premia since your accident or since your mum was banned since they've now determined your policy was void for that period.

sdon25

You agree to keep your insurer informed about named driver's convictions ( as well as claims/losses/changes of occupation etc) when accepting their ts & cs when buying the policy

I have seen that in the ts and cs for taking out a new policy, but what about renewals? I think my insurance renewed itself automatically and they sent the renewal information by email. I don't remember agreeing to anything each year or anyone from Hastings telling me it needed to be checked.

when you say your policy is void, does that mean the insurance company cancelled it?

Yes they cancelled the insurance early this month and apparently sent me a letter the next day to inform me. No letter came through and I have been driving without insurance for 2 weeks!
Also, as soon as I found out my mother was on my policy I tried to take my mother off as a named driver but they told me nothing could be changed while there is an outstanding claim and that I would be insured in the meantime.. that obviously wasn't true either.

You could also try reclaiming all the premia since your accident or since your mum was banned since they've now determined your policy was void for that period.

They have told me I am due a refund for whatever I have paid after the insurance was void. However, they then sent me a letter to say that they also need to be reimbursed for the cost of storing and scrapping my car after the police found that it had been stripped for parts.. Easy come easy go!

Quentin

sdon25 wrote: »

I have seen that in the ts and cs for taking out a new policy, but what about renewals? I think my insurance renewed itself automatically and they sent the renewal information by email. I don't remember agreeing to anything each year or anyone from Hastings telling me it needed to be checked....

This is all set out in the policy docs!


You always need to keep your insurer informed of all changes that are material, and this will be set out in the policy in writing - which you will have agreed to do!