Car Insurance Job Picker Discussion

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  • rudekid48 wrote: »
    Did you state that you were self employed or an employee? A lot could ride on that. Your argument holds more water if you had declared yourself to be a self employed lettings manager. If you stated that you were employed then you will probably struggle to convince them of your innocence.

    I didn't state either employed or self-employed, just occupation.
  • dacouch wrote: »
    Your ommiting this part from the section your quoting from

    Taking account of the law and good industry practice, we approach non-disclosure/misrepresentation cases in three stages. We summarise these three stages below, before describing each one in a little more detail.
    1_c.gif


    When the customer sought insurance, did the insurer ask a clear question about the matter which is now under dispute?
    2_c.gif


    Did the answer to that clear question induce the insurer; that is, did it influence the insurer’s decision to enter into the contract at all, or to do so under terms and conditions that it otherwise would not have accepted?
    3_c.gif

    Only if the answers to both (1) and (2) are ‘yes’, do we go on to consider whether the customer’s misrepresentation was an honest mistake, a dishonest attempt to mislead or due to some degree of negligence.

    This is basically saying if the Insurer would not have offered cover had they been given the correct information they can void the policy IRRESPECTIVE of whether it was innocent or intentional.

    With regard to your point about having two occupations Insurers (Including Highway) ask if you have any part time or any other occupations

    It doesn't say that to me/my interpretation. In the case of occupation, I answered a simple question with the answer I felt was right at the time. It wasn't an inducement as far as I'm concerned. An inducement might be for example that a person declared they had no convictions, but actually had several for example.

    I'm happy that it falls under innocent mistake which I had no reasonable belief that it could be a material problem and the FSA lady felt the same, Swinton felt the same, Highway felt the same in conversation, but hadn't considered it in this light. If I'm lucky I'll have a quick positive answer from them soon. Otherwise I'll be filling in the FSA forms etc and in light of it only being an £850 claim, I can't see why they would want it to drag on over technicalities.
  • rudekid48
    rudekid48 Posts: 2,382
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    PollyLL wrote: »
    I didn't state either employed or self-employed, just occupation.

    There is a compulsory question on the GoCompare motorcycle quote page that says "Full-time employment status" and has a drop down list of options. You must have chosen one of them to be able to get a quote.

    When you got your policy documents from Swinton they will also have sent you a copy of the Proposal Form / Statement of Insurance. Have a look on that and see what is recorded for your employment status - employed or self employed, it might (only might!) help you.
    All matter is merely energy condensed to a slow vibration, we are all one consciousness experiencing itself subjectively, there is no such thing as death, life is only a dream, and we are the imagination of ourselves.
  • rudekid48
    rudekid48 Posts: 2,382
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    olly300 wrote: »
    Quick suggestion read the thread.

    The poster stated they were self-employed.

    Quick suggestion - read the thread properly. The OP stated in their email to MSE that they were self employed, at no point did the OP state what they had entered into Go Compare.

    Keep your sarcasm to yourself, just because you were in the bottom 2 on XFactor is no reason to be a !!!!!! on here. :p
    All matter is merely energy condensed to a slow vibration, we are all one consciousness experiencing itself subjectively, there is no such thing as death, life is only a dream, and we are the imagination of ourselves.
  • dacouch
    dacouch Posts: 21,637
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    1) The FSA do not have much influence over the payment of your claim
    2) Swintons staff normally have a very limited understanding of Insurance
    3) The person you spoke to at Highway is unlikely to be the person who makes the ultimate decision on your case.
    4) Read the advice from the Ombudsman from the link again and read the three points in their propert context. They clearly state they will not even consider whether the non disclosure was innocent or deliberate etc unless both the first two points are met eg was the question clear which it is very likely they will agree it was clear and secondly would have Highway accepted you as a client if you had declared you are a property landlord. If the answer to either or both of the questions is no then whether your non disclosure was innocent or not is irrelevant.

    As I have stated before any complaint you make has to address these matters to have any chance of success. If you do not receive the response you want you then complain to the Omudsman and not the FSA
  • rudekid48 wrote: »
    There is a compulsory question on the GoCompare motorcycle quote page that says "Full-time employment status" and has a drop down list of options. You must have chosen one of them to be able to get a quote.

    When you got your policy documents from Swinton they will also have sent you a copy of the Proposal Form / Statement of Insurance. Have a look on that and see what is recorded for your employment status - employed or self employed, it might (only might!) help you.

    Yes there is that area, but it only asks for occupation and type of business. I put Property Manager and Property Lettings.

    If you type in self, it doesn't come up with self-employed as an option, but that is also a term I use to describe my role sometimes, but not in this case.
  • PollyLL
    PollyLL Posts: 38 Forumite
    edited 23 November 2009 at 11:41PM
    dacouch wrote: »
    1) The FSA do not have much influence over the payment of your claim
    2) Swintons staff normally have a very limited understanding of Insurance
    3) The person you spoke to at Highway is unlikely to be the person who makes the ultimate decision on your case.
    4) Read the advice from the Ombudsman from the link again and read the three points in their propert context. They clearly state they will not even consider whether the non disclosure was innocent or deliberate etc unless both the first two points are met eg was the question clear which it is very likely they will agree it was clear and secondly would have Highway accepted you as a client if you had declared you are a property landlord. If the answer to either or both of the questions is no then whether your non disclosure was innocent or not is irrelevant.

    As I have stated before any complaint you make has to address these matters to have any chance of success. If you do not receive the response you want you then complain to the Omudsman and not the FSA

    The questions/text on go compares site:
    ==========================
    Type the first few letters of your occupation and business and we'll search for a match.

    If you have trouble finding your exact job title, look for a similar job that best reflects the work that you do. If you're still having trouble, use the btnOccupationAll.gif button to see the full occupation list.
    ================================

    I typed in P..R..O..P...E and chose Property Manager for occupation, then again P..R..O..P..E and chose Property Lettings for type of business.

    If any of you test their site yourselves, you'll see for Property Lettings I could have chosen Property Owner, but I chose lettings on the day.

    A pretty simple question/answer process. My opinion is that no, it wasn't clear that it was a critical question. I did what was instructed and chose what I felt was right. My answer was acceptable to any normal person and I'm going with that.

    Re who I've complained to and am expecting forms to fill in now, it's the Financial Services Ombudsman that I've been talking about and not the FSA sorry.
  • dacouch
    dacouch Posts: 21,637
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    Go with that then, but if that is your sole arguement and Highway would not have accepted you as a client then it is highly likely you will fail.

    The ombudsman will take between 3months and a year to make a decision so if you can word your complaint correctly and get Highway to change their decision before it goes to the Ombudsman it will save you a lot of waiting

    http://www.timesonline.co.uk/tol/money/consumer_affairs/article6925373.ece
  • dacouch wrote: »
    Go with that then, but if that is your sole arguement and Highway would not have accepted you as a client then it is highly likely you will fail.

    The ombudsman will take between 3months and a year to make a decision so if you can word your complaint correctly and get Highway to change their decision before it goes to the Ombudsman it will save you a lot of waiting

    http://www.timesonline.co.uk/tol/money/consumer_affairs/article6925373.ece

    Thanks. They sounded pretty reasonable today when I read the text of the innocent mistake meaning they can't avoid the insurance. If you read that go compare text above, I did what I was asked and it should be pretty clear really. The trouble is getting the clarity to the person making the decision, so I hope I communicated it well today.
  • PollyLL
    PollyLL Posts: 38 Forumite
    dacouch wrote: »
    Go with that then, but if that is your sole arguement and Highway would not have accepted you as a client then it is highly likely you will fail.

    The ombudsman will take between 3months and a year to make a decision so if you can word your complaint correctly and get Highway to change their decision before it goes to the Ombudsman it will save you a lot of waiting

    http://www.timesonline.co.uk/tol/money/consumer_affairs/article6925373.ece

    I just want to comment on that again. It's not my sole argument, it's theirs. They have no other reason to deny me the insurance. In the light of that clear statement/question on go compares website I showed above, my answer was reasonable and an innocent mistake between what they thought I should have put and what I did.
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