Car insurance

Violet13

Hello
I'm looking for some advice please.
My car has been crashed into whilst parked outside my home stationary, the driver had fallen asleep at the wheel & police were present & he's admitted responsibility.

When I contacted the insurers they are saying that as my husband is named on my policy & he had not declared 3 points for speeding although he had declared it on his own policy its voided mine.
I didn't even realise that would be an issue as he isn't the main driver on mine & doesn't use my car

Any advice please? 

DullGreyGuy

When did he get the points? Was it before or after your last renewal? Did you renew with the same company or switch company last year?

Are the two of you with the same company? When did he inform his own insurers? Why didn't you inform yours?

There are two separate matters here:

1) Your vehicle damage - even if the voiding of the policy stands that doesn't remove your legal right to claim from the third party for your damages. If your own insurers aren't willing to help because of the non-disclosure then you can either claim directly from the third party insurers (most would love to help you) or you can instruct an accident management company who will deal with matters on credit and reclaim them from the third party insurer

2) Void policy - in the long term this will be much more expensive than the damage to the car as most insurers as if you, or anyone covered by the policy, has EVER had insurance cancelled/void etc. The law (CIDRA) allows insurers to void the policy if the insured intentionally or recklessly failed to give honest answers/disclose the requested information. If you have any chance of fighting the voiding really depends on the answers to the above questions.

Violet13

DullGreyGuy said:

When did he get the points? Was it before or after your last renewal? Did you renew with the same company or switch company last year?

Are the two of you with the same company? When did he inform his own insurers? Why didn't you inform yours?

There are two separate matters here:

1) Your vehicle damage - even if the voiding of the policy stands that doesn't remove your legal right to claim from the third party for your damages. If your own insurers aren't willing to help because of the non-disclosure then you can either claim directly from the third party insurers (most would love to help you) or you can instruct an accident management company who will deal with matters on credit and reclaim them from the third party insurer

2) Void policy - in the long term this will be much more expensive than the damage to the car as most insurers as if you, or anyone covered by the policy, has EVER had insurance cancelled/void etc. The law (CIDRA) allows insurers to void the policy if the insured intentionally or recklessly failed to give honest answers/disclose the requested information. If you have any chance of fighting the voiding really depends on the answers to the above questions.

Thanks so much for the information. My husband had 3 points in May 2001, so it's been renewed 3 times since. I've been with them for 6 years.He admits it was an oversight on his part.

We are with different insurers, it was just an oversight that he was even in the policy. They are also saying underwriters will look at him not informing them of his change if career for when the policy was set up 6 years ago. We are so worried that we will.be liable for removal.of.the vehicle and repairs or replacement vehicle. Do you know how likely this is when the person who crashed into.our car has admitted full responsibility? Thank you again!!

prettyandfluffy

Violet13 said:

DullGreyGuy said:

When did he get the points? Was it before or after your last renewal? Did you renew with the same company or switch company last year?

Are the two of you with the same company? When did he inform his own insurers? Why didn't you inform yours?

There are two separate matters here:

1) Your vehicle damage - even if the voiding of the policy stands that doesn't remove your legal right to claim from the third party for your damages. If your own insurers aren't willing to help because of the non-disclosure then you can either claim directly from the third party insurers (most would love to help you) or you can instruct an accident management company who will deal with matters on credit and reclaim them from the third party insurer

They are also saying underwriters will look at him not informing them of his change if career for when the policy was set up 6 years ago. We are so worried that we will.be liable for removal.of.the vehicle and repairs or replacement vehicle. Do you know how likely this is when the person who crashed into.our car has admitted full responsibility? Thank you again!!

See DullGreyGuy's response, esp paragraph 1.  He has answered this point.  However, although the other party's insurance is liable for your costs for this accident you have a potentially much bigger problem in terms of your future insurance.  As your policy has been voided because your husband didn't disclose material facts, you will have to tell future insurers about this and they may refuse to insure you or impose higher premiums. This is down to you because you are the policyholder.

EDITED TO ADD: What date were the speeding points given? You say 2001 but from the context it seems 2021 is more likely.

jlfrs01

Well this is odd. Penalty points stay on a UK Driving License between 4 and 11 years depending on the offense and only need to be declared to an insurance company for 5 years. If your husband received his points 22 years ago then they should not need to be declared and they won't appear on his record, no matter what the offence given the length of time that's elapsed.

DullGreyGuy

Violet13 said:

DullGreyGuy said:

When did he get the points? Was it before or after your last renewal? Did you renew with the same company or switch company last year?

Are the two of you with the same company? When did he inform his own insurers? Why didn't you inform yours?

There are two separate matters here:

1) Your vehicle damage - even if the voiding of the policy stands that doesn't remove your legal right to claim from the third party for your damages. If your own insurers aren't willing to help because of the non-disclosure then you can either claim directly from the third party insurers (most would love to help you) or you can instruct an accident management company who will deal with matters on credit and reclaim them from the third party insurer

2) Void policy - in the long term this will be much more expensive than the damage to the car as most insurers as if you, or anyone covered by the policy, has EVER had insurance cancelled/void etc. The law (CIDRA) allows insurers to void the policy if the insured intentionally or recklessly failed to give honest answers/disclose the requested information. If you have any chance of fighting the voiding really depends on the answers to the above questions.

Thanks so much for the information. My husband had 3 points in May 2001, so it's been renewed 3 times since. I've been with them for 6 years.He admits it was an oversight on his part.

We are with different insurers, it was just an oversight that he was even in the policy. They are also saying underwriters will look at him not informing them of his change if career for when the policy was set up 6 years ago. We are so worried that we will.be liable for removal.of.the vehicle and repairs or replacement vehicle. Do you know how likely this is when the person who crashed into.our car has admitted full responsibility? Thank you again!!

Assuming they are insured etc then ultimately their insurer will be the ones that foot the bill. 

As above I am guessing you meant 2021 rather than 2001. All you can do is explain how it was that you didn't inform them and hope that they believe you were careless rather than reckless. I would avoid temptation to make up a story (eg he didn't tell you about the conviction) as that puts you in a deeper hole if their counter fraud team get involved and workout your making things up. 

Violet13

I'm sorry, I meant to type 2021 when he got the points but mistyped.