Insurance voided for non-disclosure
Discussion
My father renews his car insurance each December through the AA who act as a broker and who supply him with quotes from various companies.
The company he went with were the Co-op. A few weeks ago he had an accident; nothing serious but he hit another car on a roundabout after being blinded by the sun.
When he was speaking to the Co-op about his claim they asked if he'd had any convictions in the last 5 years. His answer? "Yes, 2 SP30 speeding tickets issued in March 2018 and the other about 2 years before that". Because of that the Co-op have voided his insurance from inception and are refusing his claim. My father accepts that he should have told the Co-op or rather the AA when they sent the renewal quotes to him.
I don't think he has a leg to stand on but one thing the Co-op did say was that if he had disclosed his 2 convictions at the start, they wouldn't have offered him insurance. I went on line, putting in my details and 2 made up SP30 convictions and a quote was produced. I have told me father that he should mention this to the Co-op and see what they say.
I fear though that the Co-op will simply say that they are within their rights to make the policy void because of non-disclosure and I can see their point. But is anything else he could say to maybe make the Co-op reconsider?
Thanks.
The company he went with were the Co-op. A few weeks ago he had an accident; nothing serious but he hit another car on a roundabout after being blinded by the sun.
When he was speaking to the Co-op about his claim they asked if he'd had any convictions in the last 5 years. His answer? "Yes, 2 SP30 speeding tickets issued in March 2018 and the other about 2 years before that". Because of that the Co-op have voided his insurance from inception and are refusing his claim. My father accepts that he should have told the Co-op or rather the AA when they sent the renewal quotes to him.
I don't think he has a leg to stand on but one thing the Co-op did say was that if he had disclosed his 2 convictions at the start, they wouldn't have offered him insurance. I went on line, putting in my details and 2 made up SP30 convictions and a quote was produced. I have told me father that he should mention this to the Co-op and see what they say.
I fear though that the Co-op will simply say that they are within their rights to make the policy void because of non-disclosure and I can see their point. But is anything else he could say to maybe make the Co-op reconsider?
Thanks.
EDIT: Misread "2 SP30 in X and the other".
Don't think it has any weight that you managed to get a quote online. For starters you used your details, not his. Did you try and insure the same car? Same market value? Same yearly mileage? Same postcode, occupation, etc? Any number of variables or combination of variables could tip it into "do not quote" territory.
Did you ask him why he didn't declare the two active SP30s when he renewed the policy in December 2018?
Edited by Durzel on Monday 11th February 15:43
No, 6 both of which pre dated inception of the policy and both within 5 years.
He said that when he has used the AA as a broker for several years i.e. pre the first conviction. His 'excuse' was that he wasn't aware that he even needed to tell the insurance company if you had a speeding conviction!!
He said that when he has used the AA as a broker for several years i.e. pre the first conviction. His 'excuse' was that he wasn't aware that he even needed to tell the insurance company if you had a speeding conviction!!
Are they voiding it from inception ie acting as if the policy was never in force in the first place and leaving your dad to deal with the claim himself?
Non disclosure of two sets of three points is probably enough to void from inception.
I’ve handled claims for the Co-Op in the past and seen them just ask for the difference in premium if 3 points weren’t declared. Not sure about 6 though.
Non disclosure of two sets of three points is probably enough to void from inception.
I’ve handled claims for the Co-Op in the past and seen them just ask for the difference in premium if 3 points weren’t declared. Not sure about 6 though.
Hazuki said:
Pretty crappy situation to be in, as your dad will have to forever state that he's had insurance cancelled (don't think they have the standard 5 year limit on them) but hopefully it won't affect him too much in the future.
You make it sound like it was an innocent mistake.Not declaring points you get mid-policy is one thing (assuming its not relevant until renewal), but not declaring two separate endorsements totalling 6 points is deliberate dishonesty (since no car insurance policy application will neglect to ask for unspent convictions)
KungFuPanda said:
I’ve handled claims for the Co-Op in the past and seen them just ask for the difference in premium if 3 points weren’t declared. Not sure about 6 though.
Perhaps they are of the mind that failing to disclose one conviction is - putting it generously - absent minded, but 2, with one set several months prior, is intentional.Edited by Durzel on Monday 11th February 15:53
Dr Doofenshmirtz said:
Not sure if this is true, but apparently they give you x days notice thet’ cancelling the policy, so you have to ring them quick and cancel it yourself so you don’t get a marker for them cancelling it?
Probably BS though.
There's a difference between cancelling and voiding a policy. Voiding it's like it wasn't taken out in the first place. Probably BS though.
I believe someone else on here daughter tried to cancel their policy after they were told it would be cancelled and it was still classed as being cancelled.
I’m a bit rusty but if the policy is voided ab initio (Latin for from the start), the insurer still has a duty to deal with the third party claim but as Article 75 insurer and not under their duties under the Road Traffic Act.
Dealing as Article 75 insurer means that they will be dealing in the shoes of the MIB and will try and seek to reclaim their outlay from the OP’s father.
Dealing as Article 75 insurer means that they will be dealing in the shoes of the MIB and will try and seek to reclaim their outlay from the OP’s father.
Tall order to feel hard done by when there's 2 speedings undisclosed. If its deliberate its simple fraud (hey I know police by camera is a rotten scam but its the same rotten scam we all have to live with) and if its accidental then is he fit to organise his own affairs?
Remember when the electric board brought in periodic license checks after a guy had a shunt in one of our vans and turned out he was banned for DD, claimed he thought it didn't apply to company vans!
Remember when the electric board brought in periodic license checks after a guy had a shunt in one of our vans and turned out he was banned for DD, claimed he thought it didn't apply to company vans!
Teddy Lop said:
Tall order to feel hard done by when there's 2 speedings undisclosed. If its deliberate its simple fraud (hey I know police by camera is a rotten scam but its the same rotten scam we all have to live with) and if its accidental then is he fit to organise his own affairs?
Remember when the electric board brought in periodic license checks after a guy had a shunt in one of our vans and turned out he was banned for DD, claimed he thought it didn't apply to company vans!
It's not fraud at all.Remember when the electric board brought in periodic license checks after a guy had a shunt in one of our vans and turned out he was banned for DD, claimed he thought it didn't apply to company vans!
Humpy D said:
My father renews his car insurance each December through the AA who act as a broker and who supply him with quotes from various companies.
The company he went with were the Co-op. A few weeks ago he had an accident; nothing serious but he hit another car on a roundabout after being blinded by the sun.
When he was speaking to the Co-op about his claim they asked if he'd had any convictions in the last 5 years. His answer? "Yes, 2 SP30 speeding tickets issued in March 2018 and the other about 2 years before that". Because of that the Co-op have voided his insurance from inception and are refusing his claim. My father accepts that he should have told the Co-op or rather the AA when they sent the renewal quotes to him.
I don't think he has a leg to stand on but one thing the Co-op did say was that if he had disclosed his 2 convictions at the start, they wouldn't have offered him insurance. I went on line, putting in my details and 2 made up SP30 convictions and a quote was produced. I have told me father that he should mention this to the Co-op and see what they say.
I fear though that the Co-op will simply say that they are within their rights to make the policy void because of non-disclosure and I can see their point. But is anything else he could say to maybe make the Co-op reconsider?
Thanks.
You should ask the insurance about Article 75 and see what they say.The company he went with were the Co-op. A few weeks ago he had an accident; nothing serious but he hit another car on a roundabout after being blinded by the sun.
When he was speaking to the Co-op about his claim they asked if he'd had any convictions in the last 5 years. His answer? "Yes, 2 SP30 speeding tickets issued in March 2018 and the other about 2 years before that". Because of that the Co-op have voided his insurance from inception and are refusing his claim. My father accepts that he should have told the Co-op or rather the AA when they sent the renewal quotes to him.
I don't think he has a leg to stand on but one thing the Co-op did say was that if he had disclosed his 2 convictions at the start, they wouldn't have offered him insurance. I went on line, putting in my details and 2 made up SP30 convictions and a quote was produced. I have told me father that he should mention this to the Co-op and see what they say.
I fear though that the Co-op will simply say that they are within their rights to make the policy void because of non-disclosure and I can see their point. But is anything else he could say to maybe make the Co-op reconsider?
Thanks.
kestral said:
TwigtheWonderkid said:
If that were true, why did he tell them when they he was reporting the accident??
In the post he says they asked him.
There's only one reason insurers ask for all the same info at claim time that they have already asked you at inception. Because people lie at inception to get a cheaper premium, but come claim time their either forget what lies they told, or more bizarrely, think that having lied at inception, they won't get their claim paid unless they tell the truth now.
Edited by TwigtheWonderkid on Monday 11th February 21:36
Humpy D said:
No, 6 both of which pre dated inception of the policy and both within 5 years.
He said that when he has used the AA as a broker for several years i.e. pre the first conviction. His 'excuse' was that he wasn't aware that he even needed to tell the insurance company if you had a speeding conviction!!
Broker: “Any convictions? Speeding or otherwise?”He said that when he has used the AA as a broker for several years i.e. pre the first conviction. His 'excuse' was that he wasn't aware that he even needed to tell the insurance company if you had a speeding conviction!!
His response: “90s internet connection sounds”
No leg to stand on like you’ve already said. Plus he’ll have to admit to having insurance voided on his next quotes.
TwigtheWonderkid said:
Spanna said:
No leg to stand on like you’ve already said. Plus he’ll have to admit to having insurance voided on his next quotes.
I've don't think I've ever been asked if I've had a policy voided, only if I've had one cancelled. Having a policy voided is different. Forums | Speed, Plod & the Law | Top of Page | What's New | My Stuff