Unknown Modifications - what impact on a claim ?
Unknown Modifications - what impact on a claim ?
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Discussion

OverSteery

Original Poster:

3,794 posts

261 months

Friday 3rd February 2017
quotequote all
So Mr (or Mrs) average buys a car, something fairly normal, 10+ years old and been through a fair few owners. He's not told about any mods by the private seller and didn't ask.

So he has a accident and the insurance company discover (for example) a performance exhaust, chipped engine and 'sports' shocks.
Being a normal sort of chap, he did spot the mods and so never declared them. Why should he, he's not a PH member and doesn't do a 4 hour detailed check on a car he buys wink

Is his insurance invalidated?

[PS this IS hypothetical, although I guess an one of the cars I've owned over the years could have had a mod I didn't know about).

Snails

916 posts

196 months

Friday 3rd February 2017
quotequote all
I believe this would be of assistance:

http://www.financial-ombudsman.org.uk/publications...

nikaiyo2

5,965 posts

225 months

Friday 3rd February 2017
quotequote all
I think that there is no single answer.

As I understand it some insurers refuse to insure cars with any modifications, if this is the case then I would imagine they could void from inception and the driver would be in the doo. Potentially liable for the entire claim.

If the insurer will insure some mods but not others then it will depend on the mods fitted and if the insurer would have taken the risk in the 1st place. Best case would be they would deduct the increased premium with mods vs the non mod premium from any settlement figure.

I think that not knowing about one mod would be believable, especially chip/ remaps, but I would imagine it would be considered reckless to not know about more obvious things, shocks exhaust etc.

Rick101

7,189 posts

180 months

Friday 3rd February 2017
quotequote all
From what I understand some of the 'budget' insurers consider all deviations from the standard spec a modification.

Frankly I'm not sure I can believe it but numerous posters has stated they had to declare even factory options.

More specific to the OP, I think the 'modification' has to be shown to have had a contributing effect e.g a theft claim for a car fitted with blinged up wheels rather than an accident because of standard washer nozzles over the heated that came with the winter pack.

BMWBen

4,906 posts

231 months

Friday 3rd February 2017
quotequote all
Snails said:
I believe this would be of assistance:

http://www.financial-ombudsman.org.uk/publications...
Spot on, the law is very clear about this, and it all depends on your intentions and knowledge.

boyse7en

8,195 posts

195 months

Friday 3rd February 2017
quotequote all
nikaiyo2 said:
I think that there is no single answer.

As I understand it some insurers refuse to insure cars with any modifications, if this is the case then I would imagine they could void from inception and the driver would be in the doo. Potentially liable for the entire claim.

If the insurer will insure some mods but not others then it will depend on the mods fitted and if the insurer would have taken the risk in the 1st place. Best case would be they would deduct the increased premium with mods vs the non mod premium from any settlement figure.

I think that not knowing about one mod would be believable, especially chip/ remaps, but I would imagine it would be considered reckless to not know about more obvious things, shocks exhaust etc.
I don't see how. I'm fairly clued-up on cars, and do plenty of my own spannering, but if I bought a new Golf, for example, I would have no idea whether the shocks were the OEM ones unless they had KONI PERFORMANCE or similar in big letters on them. I would expect to spot a modded exhaust, but ECU, engine, springs, dampers etc... very unlikely.

OverSteery

Original Poster:

3,794 posts

261 months

Friday 3rd February 2017
quotequote all
BMWBen said:
Snails said:
I believe this would be of assistance:

http://www.financial-ombudsman.org.uk/publications...
Spot on, the law is very clear about this, and it all depends on your intentions and knowledge.
Indeed, that is just what I wanted to know. I did google, but didn't find that page.
thanks very much


BMWBen

4,906 posts

231 months

Friday 3rd February 2017
quotequote all
boyse7en said:
nikaiyo2 said:
I think that there is no single answer.

As I understand it some insurers refuse to insure cars with any modifications, if this is the case then I would imagine they could void from inception and the driver would be in the doo. Potentially liable for the entire claim.

If the insurer will insure some mods but not others then it will depend on the mods fitted and if the insurer would have taken the risk in the 1st place. Best case would be they would deduct the increased premium with mods vs the non mod premium from any settlement figure.

I think that not knowing about one mod would be believable, especially chip/ remaps, but I would imagine it would be considered reckless to not know about more obvious things, shocks exhaust etc.
I don't see how. I'm fairly clued-up on cars, and do plenty of my own spannering, but if I bought a new Golf, for example, I would have no idea whether the shocks were the OEM ones unless they had KONI PERFORMANCE or similar in big letters on them. I would expect to spot a modded exhaust, but ECU, engine, springs, dampers etc... very unlikely.
Also good luck working out which of your "options" on say, a mid-run BMW 3 series with a labelled trim level were optional and which were "standard". Luckily, you don't actually have to smile

covboy

2,593 posts

204 months

Friday 3rd February 2017
quotequote all
I've always been aware that when answering the modification question when getting quotes that I've answered "Not that I'm aware of" - which has always been true. Don't know how that would stand up if push ever came to shove !

richs2891

906 posts

283 months

Friday 3rd February 2017
quotequote all
I would hope the Insurance companies would use some common sense,as it could be a minefield, as I guess most people would not notice a stainless steel exhaust in place of a normal mild steel one, or say a mild lift with heavy duty springs on a 4x4.
Ecu remap most people would probably not notice either if have no other experience of driving that make / model of car before.