Policy void from conception

Cobra80

Dear Forum Readers,
We were recently informed that our van insurance policy is at risk of being void from conception due to undisclosed information.
From the time we bought the van back in 2017 we had it insured via broker Be Wiser. When at the beginning of Apr we received a chase email about renewal, I checked the email with details on it and, as the quote and details on it looked ok, accepted it. I could not see on the proposal anything that wouldn't be true, I thought at that time. It was also crazy time for us at home and the introduction of lockdown and the risk it was bringing to our lives didn't help to think rationally either. Then my husband had a small incident (he was parked for unloading with hazard lights on, a car went behind him when he started to reverse, he didn't see the car only a woman approached him in his van shortly after saying he reversed straight into her). So the incident was mid May, we reported the incident and now received a letter that my policy might be void due to the mileage discrepancy. Since we took the insurance back in 2017 we had it covered for approx 10k miles per annum, which for the previous years we were able to maintain. In 2019/20 however our mileage significantly increased (18k) and I cannot explain as to why because the use of the van hasn't changed much to explain the difference? Unless it is just my wrong impression. So when I renewed back in March I accepted the quote for the 10k per annum, without checking the recent MOT records (I don't use mileage to manipulate insurance quotes hence I never re-check after taking out the insurance - my fault). The insurance is now asking why I believed my annual mileage to be considerably lower between 20 and 21, so the current year. I still think the 10k is a good estimate especially now as we're trying to scale down the business and the van isn't going to be used that much.

I'm asking for an advice of how to reply to the insurer so the risk of the policy being voided is reduced. I am aware it is my fault for not carefully reading the 23 page document as soon as I renewed only the summary page which included most of the details but not mileage, but as I mentioned with the life issues and Covid at the time I did struggle to cope with my day to day stuff as I would normally do.

Thank you all for reading, and your advice. 

MovingForwards

You tell them the truth, same as what you have written here. If the policy is in your partner's name, with you as named driver, then s/he says what they know and you say what you know / did.

Cobra80

The policy is in my name, but my husband is registered as a keeper and he is currently the main user of the vehicle. Wasn't sure if there are specific arguments I should use in my response to the insurer. Looks like although the damage to the 3rd party vehicle was very small, it actually is going to be very expensive to repair. What steps I should take if my insurance is voided anyway?

MovingForwards

Get a good broker if it is voided.

No specific arguments, just tell the truth as you know it.

If your insurance company don't settle the claim, you are personally responsible for paying it.

If your insurance company do settle the claim, they may ask you to refund them, as per their T&C's.

dacouch

What is their exact question about mileage when you took out the policy and at the renewals?
What does it say on the policy "Policy Schedule" about mileage

lopsyfa

If it is for this current year, just tell them due to COVID and lockdown restrictions you estimated your mileage will be much lower this year. I am sure for the significant proportion of the population this is true.

Cobra80

dacouch said:

What is their exact question about mileage when you took out the policy and at the renewals?
What does it say on the policy "Policy Schedule" about mileage

The question is "why you believed your annual mileage to be considerably lower between 20 and 21?"
The policy only states "estimated annual mileage", couldn't find anything else about mileage in the policy booklet or certificate, which is a bit odd I think.
The damaged vehicle's market value is probably around £2.5k, the repair if done privately would probably cost around 1k, but if via insurance company then I suspect the cost to be much higher maybe even a write off. 
Is it worth me contacting the 3rd party and offer them reimbursement for cost of repair if done outside insurance? Or shall I wait to see what the insurance company says first?

dacouch

You need to be more specific with the information you're giving us eg do a time line of the when you took cover out, predicted mileage then and actual mileages etc.
If they are referring to it as "Estimated Annual Mileage" then you may have a very good chance of overturning it but we need more information to give you more specific advice.
Is it possible you can call them and ask them what question they asked when you took out cover and what answer you gave