Insurance: “garage” defined over the phone but nowhere in writing

Ergates

SouthLondonUser wrote: »

When these companies say something over the phone, which is not in writing, and which is in the consumer's interest, it might be a good idea to record the call. However, they don't always let you do it if you tell them, and I have no idea if you can use a recording if you didn't tell them you were recording.

When I was complaining with Vodafone, I tried multiple times to tell them I'd be recording the call; they hung up claiming they didn't "allow" me to do so. I got nowhere by pointing out that, if they could record me, surely I could record them?

You can record them and you don't have to tell them you're doing it - provided you're recording it "for you own use". Supporting your side of the argument in a contract issue should fall into that category.

Businesses have more restrictions on them.

Kiran

7Raiden wrote: »

Hi guys, I'm new here and I registered to MSE basically because I saw this post and would like to share my experience (sharing is caring after all )

First of all, I'm insured with MCE, and I've been for 2 years. Recently someone tried to steal my motorbike. They didn't succeed, but they caused a significant damage. Having the motorbike for only 2 years I decided to actually make a claim (I generally tend not to).

In my policy, I said that the motorbike was garaged, but instead they define garage a private place where you and only you have access. Fair enough you would say. Not only did they refuse to pay out (again, fair enough), but they voided my policy for deliberate or reckless misrepresentation!

So, a word of warning here, I'd go for the most conservative choice, I'd rather pay 300£ more today than not beinbg able to get insured ever again!

Ps: I've made a formal complaint, contacted the FOS, do you think I can hope of driving any vehicle ever again in the UK? What do you think? My point being, I genuinely thought "garage" was the correct definition! I even contacted my other bike insurer for telling them my mistake, and they made me pay just the premium surplus! Do you think what they did is fair?

So where was it parked or did you not have a garage? My policy is with MCE and they state that if your bike is stolen from home and it is not in the garage then you have to pay an increased excess of £100 or £150 on top of your standard. So unless you said it was in a garage and you don't have a garage I'm a but confused why they have voided your insurance?

7Raiden

Kiran wrote: »

So where was it parked or did you not have a garage? My policy is with MCE and they state that if your bike is stolen from home and it is not in the garage then you have to pay an increased excess of £100 or £150 on top of your standard. So unless you said it was in a garage and you don't have a garage I'm a but confused why they have voided your insurance?

It was parked in my resident secured car park. The thing that I define as garage in my country! But they argued that since it wasn't a garage as I stated in my policy, the conditions have changed. They rejected the claim and they said my omission was deliberate or reckless, so they voided my policy keeping all the premiums.

SouthLondonUser

7raiden, you have not answered the question: WHERE AND HOW did they define garage? Was it in writing? If it wasn't, I'd challenge them - big time. If it was, nothing you can do.

7Raiden

SouthLondonUser wrote: »

7raiden, you have not answered the question: WHERE AND HOW did they define garage? Was it in writing? If it wasn't, I'd challenge them - big time. If it was, nothing you can do.

I didn't check myself, but reading this post I understand it's in the terms and conditions. Still, I think they could have refused the claim, but voiding the policy I still think it's unfair!

SouthLondonUser

Why would it be unfair if "garage" was clearly defined in writing? We may all question insurer's criteria (I know I do) but, if an insurer clearly tells you it gives a discount for meeting a certain criterion, and you have incorrectly represented you do, then it's your fault. It's like telling the insurer you have a GPS tracker when you don't, or claiming you don't use the bike for commuting when you do. Misrepresenting something which is an important factor in assessing your risk is a biggie!

Now, if "garage" was not clearly defined in writing, it's a different story.

7Raiden

SouthLondonUser wrote: »

Why would it be unfair if "garage" was clearly defined in writing? We may all question insurer's criteria (I know I do) but, if an insurer clearly tells you it gives a discount for meeting a certain criterion, and you have incorrectly represented you do, then it's your fault. It's like telling the insurer you have a GPS tracker when you don't, or claiming you don't use the bike for commuting when you do. Misrepresenting something which is an important factor in assessing your risk is a biggie!

Now, if "garage" was not clearly defined in writing, it's a different story.

My point is, it's unfair to say it was deliberate or reckless! It was careless, at worst! I certainly do not care about 100£ more a year - that's what the other insurer charged me when I informed them of the mistake- less than 10 quids per month. I just feel that two insurers applied totally different criteria for evaluating my mistake, which, again, all it was but deliberate.

Then of course it's totally fair to reject the claim. But voiding the policy, when they would have insured me anyway, even if it was parked somewhere else, that's unfair. It just was the situation where they tried at their best not to pay the claim without to deal with me anymore.

sevenhills

SouthLondonUser wrote: »

Should the bike be stolen, could the insurer really claim that the policy was void because I didn’t meet a definition that they have not defined anywhere in writing? Does any one know if there is any case law / actual complaints history / rulings etc on this? We’ll have our opinions, but an opinion not backed by specific case history is not worth much.

Would a reasonable person call it a 'garage', isnt that how these things are dealt with? But the question would also be, if there is doubt, are you prepared to take the issue further?