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Car Written Off - No insurance pay out
Comments
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harrys_dad wrote: »Four years, the accident happened in 2010! The finance goes until 2016! Seems a long time for a finance agreement.
Can you answer some of the questions in the thread please OP.
Funny, I was just wondering on the finance term and time since accident; it set my bull**** detector off
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InsideInsurance wrote: »1) You can always challenge an insurance company's decision. Normally this is done by a complaint in the first instance and then if that is not successful you must either go to the FOS or to the courts. The problem is that the FOS have a 6 month limit on complaints and you say this was 4 years ago!!
I believe the FOS time limit is six months from the date of the insurers final decision letter (following a complaint being made). The final decision letter should give the complainant information about how to refer it to FOS if they are unsatisfied with the outcome of the complaint. It's not six months following the actual event in question. This is an important distinction.
If no complaint has been made to the insurer yet then potentially one could still be made and it could still be referred to FOS. I believe that complaints can be made up to 6 years after the event in question, without a risk of the complaint being time barred by the insurer.
http://www.financial-ombudsman.org.uk/faq/businesses/answers/before_we_get_involved_a7.html0 -
Shaolin_Monkey wrote: »I believe the FOS time limit is six months from the date of the insurers final decision letter (following a complaint being made). The final decision letter should give the complainant information about how to refer it to FOS if they are unsatisfied with the outcome of the complaint. It's not six months following the actual event in question. This is an important distinction.
If no complaint has been made to the insurer yet then potentially one could still be made and it could still be referred to FOS. I believe that complaints can be made up to 6 years after the event in question, without a risk of the complaint being time barred by the insurer.
It will depend if the insurer ever registered a complaint at the time of the incident.
I'd assume that the OP didnt say that they were happy with the situation and so certainly some insurers do register even very minor quibbles as a complaint (arguably as it starts the FOS clock running)0 -
Nodding_Donkey wrote: »Looks like a classic case of fronting to me OP and I can see why the insurance company have got the hump. I think what has shot your case down is you say you were waiting for your finances to improve but you were paying for the car so it looks very much as if the insurance was the only problem. Much better to have had the policy in your name and your father as a named driver, that would have reduced it considerably and been perfectly acceptable.
This.
The fact you were paying for the car says it was your car and you were fronting just to get the policy down.
However - if you can show there was a regular payment, from your dad, to cover the cost of the finance charges, you should be able to challenge the assumption of you paying for the car and therefore being the main driver.
To be honest though it sounds like young kid buys car, gets dad to insure it as it is cheaper, smashes it up on a country road as ego is greater than talent, gets found out.
that's certianyl what it will have looked like to the insurer so you'd need a lot of evidence to get that over turned.
You might be owing dad a hell of an apology when he realises he has to declare cancelled insurance too.What if there was no such thing as a rhetorical question?0 -
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To be honest though it sounds like young kid buys car, gets dad to insure it as it is cheaper, smashes it up on a country road as ego is greater than talent, gets found out.
that's certianyl what it will have looked like to the insurer so you'd need a lot of evidence to get that over turned.
^^^^
THIS
Going to be hard to prove otherwise.0 -
One thing i would ask is where are the remains of the car now?
Were they sold on?
If so that could lead to trouble with the finance company (over and above the fact you are supposed to keep the car in good repair whilst you are paying their car off)0 -
My first question to the OP would be...
"WHAT CAR WAS IT..?"
Id have £1 on it being something like Saxi VTR, or Focus RS etc...
Does a 65 yr old really drive an Evo X?0 -
my insurance once tried this.... i said using my sons credit card as mine was maxed due to house revamp is not thier problem its mine and his, he is a named driver and has a fair bit more cash than me some months.. they will do anything not to pay contact the ombudsman id say0
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