BMW dealer "forgot" to activate free complimentary insurance

cdturri

So I taken delivery of a new BMW on March 1st. A couple of weeks before collection I emailed my sales rep and asked if BMW was still doing the free 7 days complimentary car insurance as I bought a second hand car from them before and they did it last time. As the rep was off (got OOO email) I called the manager I dealt with which confirmed BMW were still doing free 7 days complimentary insurance and this will be done on collection day. The sales rep replied the next day saying: "Yes we can set you up with 7 days free insurance with BMW so we will do that upon collection".

So on Friday I collected the car and signed lots of forms so I assumed this was done, although I didn't specifically asked. Over the weekend I remembered I got a letter confirming my 7 days cover when I bought the second hand car from them so I looked at all the paper work I got on Friday and I couldn't find one. I checked online on ownvehicle.askmid.com and the website it said my new car wasn't insured. I emailed my sales rep this morning and she just replied saying "I'm afraid this cover does have to be set up and activated, it is not automatically done" and she sent me the link to do it. I got it done immediately but heart is still beating. I have driven without car insurance for 3 days and I could have had the car stolen leaving me with a huge debt and no car!

I really feel let down by the dealer as I specifically asked about this before collection. I also have the feeling they weren't happy with me as they failed in trying to get me to buy all the extra insurance packages they want to sell you (paint protection, GAP, paint repairs, tyre insurance, allow wheel) which every savvy buyer knows they are a rip offs to buy from car dealers. The sales rep tried her pitch, then went to call in the manager saying there was a system issue and the manager tried as well really hard: "It's there anything I can do for you to buy any of these packages?". While pressuring me they tried to complete the financial advice forms on the iPad and it wouldn't work but then the sales rep did it on the desktop and everything worked fine.

Finally I friend of mine told me about BMW service packs, which is basically a way to pre-pay for BMW service in advance which can be advantageous depending on how many miles you do. I was not offered this option although I understand I can still get it.

So basically I was high pressured into buying things that weren't good value for money, I wasn't offered on a potential cost saving option and I wan't setup in the free car insurance everyone buying a car from BMW gets. Really nice isn't?

I know I am legally responsable to insure the car and making sure the car is driven by an insured person. I am just wondering if the car dealers have any shared responsibility as well when they are selling a new car as they handle all the other things as well (registration, tax).

I am thinking in writing a complaint to the dealer. I know I probably won't get anything from them but I am just furious at the moment. Anything else you can suggest?

Thanks!

PS: The sales rep latest reply was: "I totally understand. Unfortunately we are not responsible for insuring customers cars. And as explained I did say we have to get it set up upon collection, so I can only apologise that this was forgotten by both of us."

kingstreet

If you weren't stopped for no insurance and have had no event on which a claim might be made; this is contract/customer service issue rather than an insurance one.

BTW MID usually takes about a week to update. Even when renewing my cover disappears on expiry date and reappears about a week later.

cdturri

Ah yes good point. I wasn't stopped and I have nothing to claim (thanks god!) but I am not sure about the period of non-compliance. I went to Heathrow to pick up my wife on Saturday so I did 100KM on the M25 so I am sure I got picked up by ANPR cameras on the way. If they picked me up they probably ignored it for now as they know MID might take time to update and the car has 19 plates which start on March 1st. Having said that will they be able to see on MID the period I was covered once my cover updates on their database? As far as I understand only vehicles registered to the motor trade are excluded from the continuous insurance enforcement (see here). Once MID updates they will know my insurance start day was 4-March not 1-March when the car was first registered to me and if they link to me driving on 2-March on the M25 I am in serious trouble. I doubt (and hope) any such cross check is done but I am easy on it.

Quentin

Just cross that bridge if you reach it.

garth549

You should be fine. I'd be amazed if they back-checked ANPR data with the start dates of policies. Even then (I think) it's possible to drive a car legally with a valid policy, but not have that car show up as 'insured' on MID.

daveyjp

Slack system by BMW. Obviously rushing to meet sales targets.

How did they let you drive the car away without proof of insurance? How was it taxed?

[Deleted User]

kingstreet wrote: »

If you weren't stopped for no insurance and have had no event on which a claim might be made; this is contract/customer service issue rather than an insurance one.

BTW MID usually takes about a week to update. Even when renewing my cover disappears on expiry date and reappears about a week later.

Hold on! How does this equate to the country-wide automated checkpoint surveillance (state-run ANPR) under which we are now living? If Plod picks up a vehicle via ANPR without valid insurance he'll be thinking 'crush it!', 'fine him!', 'another one for my quota!' How will he know that it's actually between policies, or can we expect to have to explain to Plod on a regular basis for a week after policy renewal, if you're going with another company?

cdturri

Well well well, I just read the Road Traffic Act 1988 relevant section and it's pretty clear to me:

143 Users of motor vehicles to be insured or secured against third-party risks.
(1)Subject to the provisions of this Part of this Act—
(a)a person must not use a motor vehicle on a road [F1or other public place] unless there is in force in relation to the use of the vehicle by that person such a policy of insurance or such a security in respect of third party risks as complies with the requirements of this Part of this Act, and
(b)a person must not cause or permit any other person to use a motor vehicle on a road [F2or other public place] unless there is in force in relation to the use of the vehicle by that other person such a policy of insurance or such a security in respect of third party risks as complies with the requirements of this Part of this Act.
(2)If a person acts in contravention of subsection (1) above he is guilty of an offence.
(3)A person charged with using a motor vehicle in contravention of this section shall not be convicted if he proves—
(a)that the vehicle did not belong to him and was not in his possession under a contract of hiring or of loan,
(b)that he was using the vehicle in the course of his employment, and
(c)that he neither knew nor had reason to believe that there was not in force in relation to the vehicle such a policy of insurance or security as is mentioned in subsection (1) above.
(4)This Part of this Act does not apply to invalid carriages.

https://www.legislation.gov.uk/ukpga/1988/52/part/VI/crossheading/compulsory-insurance-or-security-against-thirdparty-risks

To me that's pretty damming. The dealer falls under "a person must not cause or permit any other person to use a motor vehicle on a road [without insurance]". Therefore dealers have a responsibility to make sure cars are insured when they leave the dealership. What do you think?

jaybeetoo

Surely there must have been some insurance in place for the car to be taxed.

cdturri

Dealers are exempt from the continuous insurance enforcement but sure once I signed all papers was the new registered keeper and the dealer should have checked I had insurance before letting me drive away.

kingstreet

johnsmith1890 wrote: »

Hold on! How does this equate to the country-wide automated checkpoint surveillance (state-run ANPR) under which we are now living? If Plod picks up a vehicle via ANPR without valid insurance he'll be thinking 'crush it!', 'fine him!', 'another one for my quota!' How will he know that it's actually between policies, or can we expect to have to explain to Plod on a regular basis for a week after policy renewal, if you're going with another company?

A (on the face of it) valid certificate of insurance and a roadside call to the insurer by the officer in question (during office hours of course!) would usually be sufficient.

Coppers are by now aware of the limitations of the MID and how it can take time to update. If I'm stopped on 17th June for no insurance (renewal date is 16th) I'd expect to be given the benefit of the doubt if my certificate shows renewal the day before.