Car insurance using commuting to and from work as a way of not paying

dagda1

My girlfriend was recently involved in a crash, both parties are claiming it was not their fault.

She took out a claim with an insurance company called goSkippy insurance whose brokers are eldon insurance. Unbeknown to her is when she took out the insurance, she inadvertently took out a policy that did not cover her from commuting to and from work.

The crash happened after she went to see a friend and was on our way to our child's nursery. The insurance company are trying to say that she was travelling to and from work and will not pay for anything.

I am obviously incensed by this and want to counter their claim.

What are my next steps in being able to challenge their claim. In the telephone call with my girlfriend when she took out the insurance they asked her if it was for domestic, social and pleasure or commercial use and as she said domestic.

they have put her on a policy that did not cover her from going to and from work.

This appears very underhand to me, for one they worded the commute clause as different that it should be and for two, she was not actually commuting to work when this actually happened.

What should my next steps be to avoid financial annihilation?

rs65

What does her certificate say?

Their FAQs aren't clear
There are three main classes of use. Social, domestic and pleasure and commuting for private use and business class (1) and (2).

That reads to me as two business options and all other uses are a single class.

Can you asked for a copy of the call recording?

eddddy

You say she was not commuting - so why do the insurance company think she was? Did she tell them she was?

If she wasn't commuting, I would try writing a statement for the insurance company, explaining where she was travelling to and from, and why.

(But only do that if she really wasn't commuting. You could make the problem much worse by not telling the truth - it would be fraud by false representation.)

eddddy

rs65 wrote: »

What does her certificate say?

Their FAQs aren't clear
There are three main classes of use. Social, domestic and pleasure and commuting for private use and business class (1) and (2).

That reads to me as two business options and all other uses are a single class.

Can you asked for a copy of the call recording?

Their online quoting system is clear, you have to select a 'Car Usage' from this list:

- Social domestic, pleasure and commuting (SDPC)
- Social domestic and pleasure only (SDP)
- Business Use

I suspect their telephone script asks exactly the same questions.

Geoff1963

If she has been historically commuting while uninsured, that would be a bit bad ; it's probably one of the laws where "unknowingly" doesn't help.

I know when policies don't cover business use, they ask if any "goods or tools of the trade" were being carried at the time. Not sure how they decide on commuting, but if ( for instance ) she was between her home and her work during a weekday rush hour, it will be tricky. She would probably also have to explain how she normally gets to work.

csgohan4

Did they not read the policy documents???

sheramber

Where was she before she went to visit the friend? Did she perhaps go to visit the the friend after work?

DavidFx

It is irrelevant what the journey was on that day - If she has ever used the car to commute to work than she needs the required cover.

The OP admits to this in the first post

dagda1 wrote: »

Unbeknown to her is when she took out the insurance, she inadvertently took out a policy that did not cover her from commuting to and from work.

Sulkyjim

I had a prang last night (just bumpers damaged) and have spoken to my insurance and they are passing it for referral to the underwriters as I was leaving a studio I was recording in at the time.

I was unaware that the insurance didn't cover travelling to a place of work. I think the fact that this is not my usual place of work at all may be irrelevant!

Will my insurance company likely refuse to pay out to fix the other drivers car and any whiplash he may decide he has ?

I'm frankly terrified right now waiting for their verdict so any insights would be much appreciated !

FutureGirl

Sulkyjim wrote: »

I had a prang last night (just bumpers damaged) and have spoken to my insurance and they are passing it for referral to the underwriters as I was leaving a studio I was recording in at the time.

I was unaware that the insurance didn't cover travelling to a place of work. I think the fact that this is not my usual place of work at all may be irrelevant!

Will my insurance company likely refuse to pay out to fix the other drivers car and any whiplash he may decide he has ?

I'm frankly terrified right now waiting for their verdict so any insights would be much appreciated !

Was you driving to/from work? If so then you were commuting.

Sulkyjim

A bit grey because as a musician I was recording at a studio. It's not a regular thing (first time in years) and I'm not technically being paid at this juncture !

But I presume this is not going to cut any ice !

What's my worst case scenario ?