Hit and run by uninsured driver, just realised I have undeclared 3 points on my licence

Ace_sal

Hi guys,

Looking for some advice and reassurance. My car was parked outside my house and was hit by an uninsured driver who did a hit and run. Managed to track them down due to useful neighbours. Told by my insurer that my car is a write off.

Long story short, I got an email from my insurer, Hastings, who asked for an online DVLA check. I just saw 3 points on my licence and had no idea I had these on my licence, still can't remember getting them as I went on a speed awareness course around that time.

I've gotten numerous parking violations and going in the wrong lanes etc when driving in London so cannot recall getting these points at all.

Now I'm worried of course they will tell me my policy is void and not pay me a penny for my car. Not sure what to do, anyone got any advice???

Would appreciate anything

Thanks in advance

Sal.

bengalknights

There was a change in law that means that if the error relates in no way to the claim then it cant be used to decline.

In this case being a victim of hit and run and having 3 points that you omitted to mention are unrelated (as opposed to hitting someone at speed)

Debbie_Savard

It's unlikely they'll void the insurance unless they can show they wouldn't have accepted the risk if the points had been declared or you fraudulently didn't declare in order to get cover.

What they may do is

1) Reduce the payout by the amount your premiums would have been if points had been declared.

or

2) Pro-rata the payout based on payments difference. So if your premium would have been £1000 with points declared and £700 without, they'll pay you 70% of the write-off value.

AndyMc.....

Debbie_Savard wrote: »

It's unlikely they'll void the insurance unless they can show they wouldn't have accepted the risk if the points had been declared or you fraudulently didn't declare in order to get cover.

What they may do is

1) Reduce the payout by the amount your premiums would have been if points had been declared.

or

2) Pro-rata the payout based on payments difference. So if your premium would have been £1000 with points declared and £700 without, they'll pay you 70% of the write-off value.

Is that something else you’ve just made up?

Ace_sal

Thanks guys.

I'll keep you guys posted as to the outcome.

Nodding_Donkey

It would be ironic if they voided the policy. Uninsured driver writes of uninsured car.

Ace_sal

Update:

Underwriters have said they will only pay 66% of the risk pre-accident value of the car.

I also paid the difference in premium based on the SP 30 (speeding in A 30 zone). This is fair enough and makes sense, I have no qualms with this.

I've appealed the 66% decision, surely paying the difference in premium should make my cover valid, so then why should I be further penalised by being paid out less. Seems like I'm being penalised twice for one oversight.

Let's see what happens, I'll post the outcome of all this.

agrinnall

Ace_sal wrote: »

H I just saw 3 points on my licence and had no idea I had these on my licence, still can't remember getting them...

I'm sorry but this bit is complete nonsense, as is your later suggestion that failing to mention it when taking out the policy was an oversight.

dacouch

Ace_sal wrote: »

Update:

Underwriters have said they will only pay 66% of the risk pre-accident value of the car.

I also paid the difference in premium based on the SP 30 (speeding in A 30 zone). This is fair enough and makes sense, I have no qualms with this.

I've appealed the 66% decision, surely paying the difference in premium should make my cover valid, so then why should I be further penalised by being paid out less. Seems like I'm being penalised twice for one oversight.

Let's see what happens, I'll post the outcome of all this.

They cannot have it both ways.

They either ignore the conviction, charge a retrospective premium or deduct a percentage from the claims settlement in recognition of the same percentage in premium you save by not declaring. They cannot apply both of the last two.

arcon5

The retrospective premium will be going forward from now until the end of the policy. Rather than back dates to inception in which case I would agree