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  • FIRST POST
    • Ace_sal
    • By Ace_sal 9th Apr 18, 9:37 PM
    • 6Posts
    • 0Thanks
    Ace_sal
    Hit and run by uninsured driver, just realised I have undeclared 3 points on my licence
    • #1
    • 9th Apr 18, 9:37 PM
    Hit and run by uninsured driver, just realised I have undeclared 3 points on my licence 9th Apr 18 at 9:37 PM
    Hi guys,

    Looking for some advice and reassurance. My car was parked outside my house and was hit by an uninsured driver who did a hit and run. Managed to track them down due to useful neighbours. Told by my insurer that my car is a write off.

    Long story short, I got an email from my insurer, Hastings, who asked for an online DVLA check. I just saw 3 points on my licence and had no idea I had these on my licence, still can't remember getting them as I went on a speed awareness course around that time.

    I've gotten numerous parking violations and going in the wrong lanes etc when driving in London so cannot recall getting these points at all.

    Now I'm worried of course they will tell me my policy is void and not pay me a penny for my car. Not sure what to do, anyone got any advice???

    Would appreciate anything

    Thanks in advance

    Sal.
Page 1
    • bengalknights
    • By bengalknights 9th Apr 18, 9:46 PM
    • 4,343 Posts
    • 1,595 Thanks
    bengalknights
    • #2
    • 9th Apr 18, 9:46 PM
    • #2
    • 9th Apr 18, 9:46 PM
    There was a change in law that means that if the error relates in no way to the claim then it cant be used to decline.

    In this case being a victim of hit and run and having 3 points that you omitted to mention are unrelated (as opposed to hitting someone at speed)
    • Debbie Savard
    • By Debbie Savard 9th Apr 18, 10:01 PM
    • 363 Posts
    • 310 Thanks
    Debbie Savard
    • #3
    • 9th Apr 18, 10:01 PM
    • #3
    • 9th Apr 18, 10:01 PM
    It's unlikely they'll void the insurance unless they can show they wouldn't have accepted the risk if the points had been declared or you fraudulently didn't declare in order to get cover.

    What they may do is

    1) Reduce the payout by the amount your premiums would have been if points had been declared.

    or

    2) Pro-rata the payout based on payments difference. So if your premium would have been £1000 with points declared and £700 without, they'll pay you 70% of the write-off value.
    • AndyMc.....
    • By AndyMc..... 9th Apr 18, 10:12 PM
    • 1,364 Posts
    • 930 Thanks
    AndyMc.....
    • #4
    • 9th Apr 18, 10:12 PM
    • #4
    • 9th Apr 18, 10:12 PM
    It's unlikely they'll void the insurance unless they can show they wouldn't have accepted the risk if the points had been declared or you fraudulently didn't declare in order to get cover.

    What they may do is

    1) Reduce the payout by the amount your premiums would have been if points had been declared.

    or

    2) Pro-rata the payout based on payments difference. So if your premium would have been £1000 with points declared and £700 without, they'll pay you 70% of the write-off value.
    Originally posted by Debbie Savard
    Is that something else you’ve just made up?
    • Ace_sal
    • By Ace_sal 12th Apr 18, 9:10 AM
    • 6 Posts
    • 0 Thanks
    Ace_sal
    • #5
    • 12th Apr 18, 9:10 AM
    • #5
    • 12th Apr 18, 9:10 AM
    Thanks guys.

    I'll keep you guys posted as to the outcome.
    • Nodding Donkey
    • By Nodding Donkey 12th Apr 18, 1:07 PM
    • 2,533 Posts
    • 2,142 Thanks
    Nodding Donkey
    • #6
    • 12th Apr 18, 1:07 PM
    • #6
    • 12th Apr 18, 1:07 PM
    It would be ironic if they voided the policy. Uninsured driver writes of uninsured car.
    • Ace_sal
    • By Ace_sal 25th Apr 18, 8:55 PM
    • 6 Posts
    • 0 Thanks
    Ace_sal
    • #7
    • 25th Apr 18, 8:55 PM
    • #7
    • 25th Apr 18, 8:55 PM
    Update:

    Underwriters have said they will only pay 66% of the risk pre-accident value of the car.

    I also paid the difference in premium based on the SP 30 (speeding in A 30 zone). This is fair enough and makes sense, I have no qualms with this.

    I've appealed the 66% decision, surely paying the difference in premium should make my cover valid, so then why should I be further penalised by being paid out less. Seems like I'm being penalised twice for one oversight.

    Let's see what happens, I'll post the outcome of all this.
    • agrinnall
    • By agrinnall 25th Apr 18, 9:13 PM
    • 20,143 Posts
    • 15,869 Thanks
    agrinnall
    • #8
    • 25th Apr 18, 9:13 PM
    • #8
    • 25th Apr 18, 9:13 PM
    H I just saw 3 points on my licence and had no idea I had these on my licence, still can't remember getting them...
    Originally posted by Ace_sal

    I'm sorry but this bit is complete nonsense, as is your later suggestion that failing to mention it when taking out the policy was an oversight.
    • dacouch
    • By dacouch 25th Apr 18, 10:14 PM
    • 20,437 Posts
    • 12,659 Thanks
    dacouch
    • #9
    • 25th Apr 18, 10:14 PM
    • #9
    • 25th Apr 18, 10:14 PM
    Update:

    Underwriters have said they will only pay 66% of the risk pre-accident value of the car.

    I also paid the difference in premium based on the SP 30 (speeding in A 30 zone). This is fair enough and makes sense, I have no qualms with this.

    I've appealed the 66% decision, surely paying the difference in premium should make my cover valid, so then why should I be further penalised by being paid out less. Seems like I'm being penalised twice for one oversight.

    Let's see what happens, I'll post the outcome of all this.
    Originally posted by Ace_sal
    They cannot have it both ways.

    They either ignore the conviction, charge a retrospective premium or deduct a percentage from the claims settlement in recognition of the same percentage in premium you save by not declaring. They cannot apply both of the last two.
    • arcon5
    • By arcon5 26th Apr 18, 7:18 AM
    • 13,537 Posts
    • 8,596 Thanks
    arcon5
    The retrospective premium will be going forward from now until the end of the policy. Rather than back dates to inception in which case I would agree
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