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Dog Star

Original Poster:

2,688 posts

37 months

[news] 
Monday 21st May 2012 quote quote all
I've just had an interesting conversation with Flux's customer service dept, which may sereve as a warning to other policy holders who might drive other cars under the "any other car" extension of their policy.

The OH has just got a "new" car, and we need to sell her old one which has about 3 months MOT on it. Obviously I'd like to stick 12 months on it, so figured that under the terms of my AF policy that I would be able to drive the old car (which is not insured as the policy is now on the new car) down for it's MOT.

My little C1 car policy won't cover me on other vehicles unless they are insured already (by the owner or whatever, it says that on the certificate).

My Flux policy states, in black and white, the following....(I've included this to stay the hand of the pedants)

Insurance Policy said:
The policy holder is also insured to drive with the owner's consent any motor car not belonging to him/her and not hired to him/her under a hire purchase or lease agreement and provided that the motor car is being used within the limitations listed below. This cover is limited to Third Party Liability only.
No mention of the other vehicle needing to be insured. And in the other sections...

Insurance Policy said:
The Insurance does not cover
Use for racing, [...] or speedtesting.
Use to secure the release of a motor vehicle [...] seized [...]
Insurance Policy said:
DRIVING OTHER CARS

Paragraph 6 (above) [...] will show whether this policy provides any cover whilst you are driving another vehicle. If there is no referencer to this, you are not covered to drive other vehicles. If cover is provided, it is limited to third party only. Any damage to the vehicle you are driving under this extension is not covered by your policy. Any cover provided does not apply outside the United Kingdom.
Looks like I can drive the old car then, doesn't it?

Nevertheless, I'm a cautious person, especially where liability and the possibility of six points on my licence are concerned, so I rung AFs customer service to check about driving other cars.

And according to them, despite the black and white text quoted above, I am NOT insured to drive this car at all unless it's insured. In this case it is no big deal at all - I can get the garage concerned to collect the car.

I am however most miffed that I could have put my driving licence at risk, along with the massive problems I would have in future with insurance related penalty points frown

I did mention to the young lady that maybe they ought to sort out their policy documents to be explicit about this as other insurers are, however I would be surprised if they take a single bit of notice. Someone somewhere is going to get a nasty surprise otherwise.

kambites

32,864 posts

90 months

[news] 
Monday 21st May 2012 quote quote all
As I understand it, if the policy document really says you're insured to drive other cars and doesn't make an exemption for uninsured ones (many do), then you are insured and the person on the phone is legally wrong. That document is your contract with the insurer.

Riknos

3,584 posts

73 months

[news] 
Monday 21st May 2012 quote quote all
I have a policy with Flux, and it specifically states, if you read the small print properly, that you are only insured to drive other cars with permission from the owner and if the car has it's own insurance policy.

I'm pretty sure 99% of insurers do that to stop people from having multiple cars in someone elses name and driving them all under 1 policy..

daz3210

5,000 posts

109 months

[news] 
Monday 21st May 2012 quote quote all
kambites said:
As I understand it, if the policy document really says you're insured to drive other cars and doesn't make an exemption for uninsured ones (many do), then you are insured and the person on the phone is legally wrong. That document is your contract with the insurer.
Nods in agreement.

If it came to a court case for no insurance, surely you would just present the documents and they would have to decide you were covered. Its just if you have an accident you are left with an argument with insurer.

But does the car not have to have some cover under the continuous insurance rules?

Road2Ruin

2,724 posts

85 months

[news] 
Monday 21st May 2012 quote quote all
I woul dimagine the car would have to be covered under the continous insurance rules. Not only that if you are married I would imagine you may be on a sticky wicket as technically you own the car too!
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okie592

1,506 posts

36 months

[news] 
Monday 21st May 2012 quote quote all
Im sure its a law that to drive 3rd party the car itself has to be insured anyway

Hooli

21,222 posts

69 months

[news] 
Monday 21st May 2012 quote quote all
Riknos said:
I have a policy with Flux, and it specifically states, if you read the small print properly, that you are only insured to drive other cars with permission from the owner and if the car has it's own insurance policy.

I'm pretty sure 99% of insurers do that to stop people from having multiple cars in someone elses name and driving them all under 1 policy..
Flux is a broker, I bet it varies according to who the underwriter of the policy is. I guess the call centre staff default to the safe option if they aren't sure.

DaveH23

949 posts

39 months

[news] 
Monday 21st May 2012 quote quote all
Riknos said:
I have a policy with Flux, and it specifically states, if you read the small print properly, that you are only insured to drive other cars with permission from the owner and if the car has it's own insurance policy.

I'm pretty sure 99% of insurers do that to stop people from having multiple cars in someone elses name and driving them all under 1 policy..
Mine is the same as this.

You have to remember your insurance is not with flux - it is underwritten to somebody else and can change every year so not everybody wil flux will have the same woring on their T&C's.

Pretty sure Ash will belong soon to clear things up.



StottyZr

4,102 posts

32 months

[news] 
Monday 21st May 2012 quote quote all
A friend of mine was insured with Quinn Direct a few years back, just like you policy it stated he was insured to drive other cars third party. He drove his dads car around sometimes with his dads permission as he was insured. He called his insurer for some unrelated question and decided to double check he was insured. They told him he wasn't and he was driving illegally as he was under 25 yikes the documentation seemed specific to him and never stated anywhere age restrictions!

An aquantance of mine spent two weeks driving around a friends car with the same policy, I tried to tell him multiple times he wasn't insured but he wasn't having none of it. Fortunately for him he was never pulled. He refused to call his insurance company to check and claimed as it was in black and white he was definately covered.

agtlaw

1,470 posts

75 months

[news] 
Monday 21st May 2012 quote quote all
ah, the weekly DOC thread.

Dog Star

Original Poster:

2,688 posts

37 months

[news] 
Monday 21st May 2012 quote quote all
Riknos said:
I have a policy with Flux, and it specifically states, if you read the small print properly, that you are only insured to drive other cars with permission from the owner and if the car has it's own insurance policy.

I'm pretty sure 99% of insurers do that to stop people from having multiple cars in someone elses name and driving them all under 1 policy..
I have quoted all of the relevant part of the policy to avoid comments like the above. Also - we are talking about my girlfriend here - I don't own the car at all. She's owner and RK.

My beef is that the only thing that made me think twice about this was the fact that I am on PH and have seen the debate on this subject. I'm also very, very careful about being correct with insurance. However your "man in the street" would read the quoted policy wording and draw the quite reasonable conclusion that he was covered to drive the vehicle.



Carlton Banks

3,068 posts

105 months

[news] 
Monday 21st May 2012 quote quote all
The other car needs to have an insurance policy in SOMEONE ELSES name for this to apply in general.

BertBert

7,079 posts

80 months

[news] 
Monday 21st May 2012 quote quote all
okie592 said:
Im sure its a law that to drive 3rd party the car itself has to be insured anyway
You are wrong.
Carlton Banks said:
The other car needs to have an insurance policy in SOMEONE ELSES name for this to apply in general.
But FFS, and forgive my frustration as this has come up more than any single topic on here, the general case is of no use to the specific case. The specific case is that what the insurance documents say is what is actually in force.
agtlaw said:
ah, the weekly DOC thread.
Wrong as well. This thread is late, it's been more than a week.

BB rolleyesbiggrin

rohrl

3,757 posts

14 months

[news] 
Monday 21st May 2012 quote quote all
Hooli said:
Flux is a broker, I bet it varies according to who the underwriter of the policy is. I guess the call centre staff default to the safe option if they aren't sure.
I'm insured "with" Flux and my policy is underwritten by Markerstudy. It's Markerstudy's policy wording which is the important thing.

Who is your policy underwritten by OP?

monthefish

15,740 posts

100 months

[news] 
Monday 21st May 2012 quote quote all
Dog Star said:
The OH has just got a "new" car, and we need to sell her old one .....

...so figured that under the terms of my AF policy that I would be able to drive the old car (which is not insured as the policy is now on the new car) down for it's MOT.
Insurance Policy said:
The policy holder is also insured to drive with the owner's consent any motor car not belonging to him/her
I'd be a bit concerned about the ownership thing....
Can you drive the OH's car under the DOC extension of a policy?

Dog Star

Original Poster:

2,688 posts

37 months

[news] 
Monday 21st May 2012 quote quote all
monthefish said:
I'd be a bit concerned about the ownership thing....
Can you drive the OH's car under the DOC extension of a policy?
Why on earth not? As stated above, we're not married, have different names, she's female, I am male. Last time I checked she wasn't me, and I wasn't her. We are different people. Therefore her car does not belong to me.confused

I'm interested to see what Ash has to say about this.


KevinA3DSG32

6,078 posts

149 months

[news] 
Monday 21st May 2012 quote quote all
I am confused, you state your C1 policy states the other car must also be insured. Is this policy your Flux policy, or is it a different policy?

Ash From Flux

870 posts

37 months

[news] 
Monday 21st May 2012 quote quote all
Hello
This is not specific to your case as such

http://www.direct.gov.uk/en/Motoring/OwningAVehicl...

but it pretty much comes down to the fact that unless a vehicle is SORN then it must be insured. Obviously if the vehicle is SORN it cannot be used on the road. So unfortunately, as the person in customer service mentioned, your insurance alone would not be enough to cover the vehicle. It may not state this on the documents as you have said in the same way it doesn't state that the vehicle needs tax and MOT etc. Insurance companies assume that you are complying to UK law and therefore may not include every eventuality in their small print. It's more of a DVLA/law thing rather than Flux specific but if you have any further questions then I'll do my best to answer.
Ash

TOPTON

1,315 posts

105 months

[news] 
Monday 21st May 2012 quote quote all
Ash From Flux said:
Hello
This is not specific to your case as such

http://www.direct.gov.uk/en/Motoring/OwningAVehicl...

but it pretty much comes down to the fact that unless a vehicle is SORN then it must be insured. Obviously if the vehicle is SORN it cannot be used on the road. So unfortunately, as the person in customer service mentioned, your insurance alone would not be enough to cover the vehicle. It may not state this on the documents as you have said in the same way it doesn't state that the vehicle needs tax and MOT etc. Insurance companies assume that you are complying to UK law and therefore may not include every eventuality in their small print. It's more of a DVLA/law thing rather than Flux specific but if you have any further questions then I'll do my best to answer.
Ash
It seems like a extremely important statement to ommit from policy wording. Using your example above, a car doesn't need to be tax'd and MOT'd if driving to a pre booked MoT. But it does need to be insured.


I'm sure in a law case, the ommited words wouldn't be excepted as "assumed to be there". If they have gone to the trouble to write "you are insured to drive other vehicles" etc then adding on "the other vehicle needs its own ins" doesn't take much more ink to write in.

Leptons

1,766 posts

45 months

[news] 
Monday 21st May 2012 quote quote all
Ash From Flux said:
Hello
This is not specific to your case as such

http://www.direct.gov.uk/en/Motoring/OwningAVehicl...

but it pretty much comes down to the fact that unless a vehicle is SORN then it must be insured. Obviously if the vehicle is SORN it cannot be used on the road. So unfortunately, as the person in customer service mentioned, your insurance alone would not be enough to cover the vehicle. It may not state this on the documents as you have said in the same way it doesn't state that the vehicle needs tax and MOT etc. Insurance companies assume that you are complying to UK law and therefore may not include every eventuality in their small print. It's more of a DVLA/law thing rather than Flux specific but if you have any further questions then I'll do my best to answer.
Ash
That's not really relevant though. A car doesn't need tax and mot to be insured!
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