V5 not in my name

skinnychick

Hi
i I had a not at fault accident where someone drove into the back of me. I’m the only driver and I own the car but the v5 is in my partners name. When I took my insurance policy out, the v5 was in my name but I later changed it and forgot to update my insurance. Will this invalidate my claim? My car has been written off amd and expecting a pay out. 

Wonka_2

I’m sure others can answer where I can’t but why, if you’re the owner and the only driver, did you transfer the V5 into your partners name ? 

skinnychick

I went bankrupt in 2020. Although they said it wouldn’t affect my car I transferred into his name. 

Peter999_2

I'm not sure why you would think it would invalidate your claim.   The DVLA make it quite clear that the V5 is not a proof of ownership.      When I had my lease car I didn't have a V5 at all and when I had to make a claim it was never mentioned and the claim went through fine.

skinnychick

Peter999_2 said:

I'm not sure why you would think it would invalidate your claim.   The DVLA make it quite clear that the V5 is not a proof of ownership.      When I had my lease car I didn't have a V5 at all and when I had to make a claim it was never mentioned and the claim went through fine.

It’s because I’ve been with the same company for years and so I’ve never changed the original details to say I had transferred the v5 into my partners name. So on the records it’s still down as me being the keeper. 

DullGreyGuy

The law around non-disclosure is CIDRA, it has a decision tree:

• Intentional or reckless non/false disclosure (a)
• Careless non/false disclosure

If careless, would the insurer have insured had the true answer been given:

• Yes (b)
• No (a)

Outcome A - insurer can end the police and avoid the claim 

Outcome B - insurer has to pay the claim but can reduce settlement by the % difference in premium that would have been charged had the true declaration be given. 

Obviously these are worst case scenarios and some insurers will take a lesser route, some will allow the additional premium to be paid and then settle the claim in full.

Hopefully you did declare the bankruptcy otherwise you've two things to declare and that will be much worse!


Give you say it's a non-fault claim, these impacts are only in consideration to a claim made against your own policy. Were to to claim from the third party's insurer directly or with an accident management company the matter would be irrelevant to the claim.

skinnychick

DullGreyGuy said:

The law around non-disclosure is CIDRA, it has a decision tree:

• Intentional or reckless non/false disclosure (a)
• Careless non/false disclosure

If careless, would the insurer have insured had the true answer been given:

• Yes (b)
• No (a)

Outcome A - insurer can end the police and avoid the claim 

Outcome B - insurer has to pay the claim but can reduce settlement by the % difference in premium that would have been charged had the true declaration be given. 

Obviously these are worst case scenarios and some insurers will take a lesser route, some will allow the additional premium to be paid and then settle the claim in full.

Hopefully you did declare the bankruptcy otherwise you've two things to declare and that will be much worse!


Give you say it's a non-fault claim, these impacts are only in consideration to a claim made against your own policy. Were to to claim from the third party's insurer directly or with an accident management company the matter would be irrelevant to the claim.

Thank you so much for your reply. When I changed it over into my partners name I did checked online and what I got from the info was as long as they live at the same address, it didn’t really matter whose name the V5 is in. So I didn’t think it was a massively important thing until this claim. 

I have gone through my own insurer but have been told as the other party has admitted fault, all money will be claimed from the other persons insurance and I won’t have to pay the excess ( or if I do, I  claim it back).

in terms of the bankruptcy l, that was discharged in 2021 and my insurance are now aware of it following my call after the accident.

hopefully, they will not void my claim as I will be left without my car and can’t afford the repairs on it.

many thanks 

DullGreyGuy

skinnychick said:

DullGreyGuy said:

The law around non-disclosure is CIDRA, it has a decision tree:

• Intentional or reckless non/false disclosure (a)
• Careless non/false disclosure

If careless, would the insurer have insured had the true answer been given:

• Yes (b)
• No (a)

Outcome A - insurer can end the police and avoid the claim 

Outcome B - insurer has to pay the claim but can reduce settlement by the % difference in premium that would have been charged had the true declaration be given. 

Obviously these are worst case scenarios and some insurers will take a lesser route, some will allow the additional premium to be paid and then settle the claim in full.

Hopefully you did declare the bankruptcy otherwise you've two things to declare and that will be much worse!


Give you say it's a non-fault claim, these impacts are only in consideration to a claim made against your own policy. Were to to claim from the third party's insurer directly or with an accident management company the matter would be irrelevant to the claim.

Thank you so much for your reply. When I changed it over into my partners name I did checked online and what I got from the info was as long as they live at the same address, it didn’t really matter whose name the V5 is in. So I didn’t think it was a massively important thing until this claim. 

I have gone through my own insurer but have been told as the other party has admitted fault, all money will be claimed from the other persons insurance and I won’t have to pay the excess ( or if I do, I  claim it back).

in terms of the bankruptcy l, that was discharged in 2021 and my insurance are now aware of it following my call after the accident.

hopefully, they will not void my claim as I will be left without my car and can’t afford the repairs on it.

many thanks 

Insurers generally are happy with spouses/partners sharing vehicles, most are ok with close family or finance companies... go broader and more have issues even if living at the same address (most won't ask where the registered keeper lives, just what your relationship to them is.

Even were they to void the claim you could still claim from the third party insurer... your future premiums however would be impacted by the voiding