Car stolen, voided insurance and outstanding finance

Hi all,
I am asking on behalf of a friend whose car was stolen.

His car was stolen from outside his home. The car had a tracker which last report shows car outside the home. Insurance company have voided insurance due to non-disclosure of penalty points of additional driver which will run out in November. Genuine mistake/oversight. Outstanding finance on stolen vehicle still has to be paid (£20,000+).

1. Can the insurance decision be overturned?
2. Is there any recourse from the tracking company?
3. Is there anyway to lower the remaining finance?

Helpful advice most appreciated. They are very stressed out right now and I am trying to advise them on best options.
Thanks
:naughty:naughty:Hoping to be debt free for life!
«1

Comments

  • DUTR
    DUTR Posts: 12,958 Forumite
    First Anniversary Name Dropper First Post
    It's a bit too convenient the mistake oversight.
    You may have to take it up with complaints, the non disclosure may have increased the premium or not offered a policy with the additional driver.
    The tracker doesn't stop a car from being stolen.
    The finance is still due just that you have no vehicle to show for your money.
  • huckster
    huckster Posts: 4,821 Forumite
    First Anniversary Name Dropper First Post
    What were the penalty points for ?

    I suspect the points were for an offence which would be serious enough for an Insurers to void the policy.

    How did the non disclosure happen ? Was the additional driver added by phone call to Insurers/brokers ? Have they asked for a copy of the phone call recording to check what was asked ? If not, suggest a Data Protection Subject Access Request.
    The comments I post are personal opinion. Always refer to official information sources before relying on internet forums. If you have a problem with any organisation, enter into their official complaints process at the earliest opportunity, as sometimes complaints have to be started within a certain time frame.
  • Ebonydeluxe
    Ebonydeluxe Posts: 99 Forumite
    First Post First Anniversary Combo Breaker
    huckster wrote: »
    What were the penalty points for ?

    I suspect the points were for an offence which would be serious enough for an Insurers to void the policy.

    How did the non disclosure happen ? Was the additional driver added by phone call to Insurers/brokers ? Have they asked for a copy of the phone call recording to check what was asked ? If not, suggest a Data Protection Subject Access Request.

    From what he has explained, he thought that his partner’s (the additional driver) points had already expired, but he had the dates wrong. Points were for driving without a license. Not sure if the insurance was purchased by phone but I will ask them and put forward your suggestion of asking for a recording.
    :naughty:naughty:Hoping to be debt free for life!
  • Kentish_Dave
    Kentish_Dave Posts: 842 Forumite
    That’s a very serious offense, one that would likely result in many insurance companies declining to quote.

    We’re the dates out by a day or two, or are we talking months?
  • BoGoF
    BoGoF Posts: 7,099 Forumite
    Name Dropper First Anniversary First Post
    That’s a very serious offense, one that would likely result in many insurance companies declining to quote.

    We’re the dates out by a day or two, or are we talking months?

    First post says points don't come off till November
  • Jumblebumble
    Jumblebumble Posts: 1,809 Forumite
    First Anniversary First Post Name Dropper
    Hi all,
    I am asking on behalf of a friend whose car was stolen.

    His car was stolen from outside his home. The car had a tracker which last report shows car outside the home. Insurance company have voided insurance due to non-disclosure of penalty points of additional driver which will run out in November. Genuine mistake/oversight. Outstanding finance on stolen vehicle still has to be paid (£20,000+).

    1. Can the insurance decision be overturned?
    2. Is there any recourse from the tracking company?
    3. Is there anyway to lower the remaining finance?

    Helpful advice most appreciated. They are very stressed out right now and I am trying to advise them on best options.
    Thanks
    2)
    Yes you can ask the tracker company to pay and they will tell you the thieves must have found it and ripped it out and that's tough
    Lets hope the car turns up
  • You can make an official complaint to the insurance company via their complaints procedure. If that doesn't get the result you want or if they ignore you for 8 weeks, you can escalate to FOS.
  • rudekid48
    rudekid48 Posts: 2,382 Forumite
    First Post First Anniversary
    Who fitted the tracker? i.e. was it a DIY job by your friend or was it professionally fitted as a 'security fit'? Most car thefts now are targeted and the thieves know where a lot of trackers are fitted and it's the first thing they look for. A professional 'security' fit will often involve more than one device for this very reason.

    Regarding the insurance, if the Insurer can prove that they would not have offered cover if they had know about the conviction then it's extremely unlikely that an Ombudsman would rule in your friends favour. Finding this out is really important as some of the 'cheaper' brands will try and void even if they would have just charged a higher premium had they known (I think there's a couple of threads on here somewhere about Go Skippy/Eldon doing this). In this scenario the Ombudsman is much more likely to overturn the voidance.

    Either way, your friend will need to follow the insurer complaints procedure first.

    Whatever happens, the finance will need to be sorted, your friend should read their agreement as there may well be an obligation to notify the finance company immediately if the car is stolen.
    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.
  • jimbo6977
    jimbo6977 Posts: 1,226 Forumite
    First Anniversary First Post Name Dropper
    Your friend needs to follow the insurer’s complaints procedure as set out in their policy documents. This will end up at the FOS, but they have to go through the process first. Frankly I hope the FOS upholds the void-from-inception decision, but having worked in the insurance industry, I have experienced the fickle and bizarre rulings of the FOS, so from the consumer’s POV it’s always worth a punt unfortunately, even if the cost of running the FOS does put premiums up for everyone else.

    As to the tracker, if it was a home fit job they will have no recourse (against themselves...) but if it was bought from and fitted by a professional they need to check how the product and fitting service were advertised and sold to them, what promises were made about its effectiveness. I wouldn’t get any hopes up though.
  • jimbo6977 wrote: »
    Your friend needs to follow the insurer’s complaints procedure as set out in their policy documents. This will end up at the FOS, but they have to go through the process first. Frankly I hope the FOS upholds the void-from-inception decision, but having worked in the insurance industry, I have experienced the fickle and bizarre rulings of the FOS, so from the consumer’s POV it’s always worth a punt unfortunately, even if the cost of running the FOS does put premiums up for everyone else.

    As to the tracker, if it was a home fit job they will have no recourse (against themselves...) but if it was bought from and fitted by a professional they need to check how the product and fitting service were advertised and sold to them, what promises were made about its effectiveness. I wouldn’t get any hopes up though.


    Having worked in 'the industry' you'll no doubt also have experienced the fickle, bizarre and morally bankrupt antics they get up to.
This discussion has been closed.
Meet your Ambassadors

Categories

  • All Categories
  • 343.2K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.7K Spending & Discounts
  • 235.3K Work, Benefits & Business
  • 608K Mortgages, Homes & Bills
  • 173.1K Life & Family
  • 247.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards