Car Insurance - could we lose our home over claim situation caused by me?

[Deleted User]

I sympathise with the difficult situation that the OP’s finds herself in.

Qn: Has the plate change been registered with the DVLA? If it has, then this might help persuade your insurer that the failure to advise it of a material change to the policy was just an oversight.

That said, I can well understand why the insurer is playing hardball.

TELLIT01

I would suggest getting legal advice.  If your husband was suffering a psychotic event would he be considered responsible for his actions at the time?  I have no idea what the answer might be, but it's something which requires investigation.  Do you have legal support on your household insurance policy?

DullGreyGuy

TELLIT01 said:

I would suggest getting legal advice.  If your husband was suffering a psychotic event would he be considered responsible for his actions at the time?  I have no idea what the answer might be, but it's something which requires investigation.  Do you have legal support on your household insurance policy?

If it can be established that they werent then it is a potential defense but as mentioned previously the legal mechanisms for establishing this are from the 1800s and the base assumption is that he was culpable unless proven otherwise.  This is something their insurers should be considering as ultimately they are still the RTA insurer for the vehicle.

Unfortunately have seen three cases of self immolation that caused substantial damage to the property and the arguments as to if the person setting fire to themselves were in their right mind and therefore the claim can be denied on the grounds of a deliberate act. 

BillieBoy

Just when you think it can’t get any worse it does. The hospital have said that my husband was ‘potentially’ over the drink drive limit. The police won’t tell me anything and I am now working completely blind with regard to my insurance claim. I don’t even have full details of the accident as I wasn’t there, haven’t seen a report and my husband has no recollection of it.

my husband has received one letter so far asking for his insurance details, do I just send a copy of my policy even though I don’t know what actually happened?

huckster

Yes send Insurance details.

You need to register complaint as detailed in policy wording. In the policy it will state who to write to in regard to the complaint. 

Not sure changing the number plate is enough to justify cancelling the Insurance, but it may take time for this to be argued.

Lola_balola

If your husband is detained in under the Mental Health Act then surely that is your evidence that he is significantly unwell and unable to assess the risk of his own actions? Seems bonkers that you can have your liberty restricted and yet still be held responsible for actions while in same mental state!

Sea_Shell

AIUI, there are only a couple of insurers who specifically have in their t&C's that "drink driving" invalidates the policy.

Admiral?

Smithcom

BillieBoy said:

Ok.. I know I’m asking a lot given what I’m going to tell you but please be gentle with me. I am dealing with a lot and am genuinely pretty close to the edge.

Two weeks ago when I was at my dying father’s hospital bedside (he passed away last week) my husband had a psychotic break and took my ‘summer car’ for a drive. It was a genuine psychotic break and he has since been detained under the mental health act. During his drive he was in a very serious head on collision and sustained multiple injuries. Thankfully no one else was injured but he wrote off three other vehicles.

Now here is the bit that I’m struggling to forgive myself for. Whilst the car was off road over the winter (it’s a little sports car) we changed the registration plate to a private plate and as I had no intentions whatsoever of driving it I didn’t inform the insurance company. It was still locked in the garage and hadn’t even seen the light of day. Whilst I was away it looks as though my husband had got the car out on the day of the accident (we have cctv) and driven it just that once.  If I had been there there is no way I would have let him drive it, or any car at all for that matter.

My insurance company are refusing point blank to even acknowledge the claim and wouldn’t even take the details. 

I know I’m in the wrong and even though I had no intention of using the car, and haven’t since the plate was changed, I should have told my insurer.

The claim will be many tens of thousands which I don’t have. Will they be able to force me to sell my house to pay it? I’m devastated. My husband is seriously ill and doesn’t even know who I am and now I’ve got myself in this mess.

any advice at all will be very gratefully received.

Hopefully this matter is solvable.   I would be surprised if the registration plate in itself is sufficient to deny cover by the insurer.

That said, if you are in danger of losing your home due to the severity of the claim, you way wish to consider getting an legal & insurance expert involved sooner than later, before the insurer make their decision then dig in their heels.

Have a look at Flaxmans or MacTavish (MacTavish will be very expensive) or an insurance lawyer (See Forum of Insurance Lawyers)

That's what I would do, if I were in your position

SC

Aretnap

Sea_Shell said:

AIUI, there are only a couple of insurers who specifically have in their t&C's that "drink driving" invalidates the policy.

Admiral?

From a quick scan of the genetic policy documents on Saga's website, the only section of the policy which appears to have a drink driving exclusion is the "personal injury to you" section (which is pretty rubbish cover anyway).

So unless the OP's policy has a specific endorsement relating to drink driving it will make no meaningful difference to the claim whether her husband was over the limit or not.

tightauldgit

Just to clarify. have the insurance company specifically said that they are refusing to get involved in the claim because of the registration issue? Have they given you a clear answer as to the specific reason why they are refusing your claim?