Refused insurance claim - help please
Discussion
Hi All,
Am new here and seeking your help on behalf of my friend with regards to an insurance claim that has been refused by my friend's insurance company. He has been refused on the grounds of "deliberate misrepresentation". Any advice you have positive or critical would be greatly appreciated. I apologise for the long post.
My friend whose first language is not English took out insurance online with a company he found through a comparison site. The company specialises in insurance for foreign drivers. He started paying premiums.
One morning he hit the back of another car. He contacted the insurance company. At that stage the insurance company asked him to confirm his job title. I think this was a strange question to be asked at this point. My friend gave them his job title of warehouse worker/truck loader and for the FIRST time sent them documents confirming this. The insurance company refused his claim on the grounds that:
- They have a different job title for him on record that of him being a shop assistant
- They say he had been refused two previous applications for insurance with them where he had used the title of warehouseman and subsequently a third application which was approved wherein he used the title of shop assistant.
- They say his insurance policy is void as he "deliberately misrepresented" his details. And they treat this as though no insurance was ever granted.
My friend says he had not knowingly filled out any application with the title of shop assistant. He wonders whether due to his poor English he misunderstood something during the online application or whether something went wrong with the website/clicking/selection.
The insurance company never sent any document to my friend to confirm his job or other personal details at the point of making the application.
They never asked for him to provide any details of his job title during the application process.
They never refused him any insurance. We have no communication or documents showing a refusal.
I have written to them asking for the evidence of previous refused applications and the application they say they hold with the title of shop assistant and for details of how to complain. They just replied giving an email address to which we could complain but have not provided the information/documents.
IF it is true at this point in time that my friend deliberately misrepresented his details then it must be true at the point of him making the application. This means that the insurance company knowingly, extended insurance to someone they knew was involved in deliberate misrepresentation.
Not only that, if they had in fact refused him twice, how can a change in job details for the same person result in a subsequent approval? If there were two different job titles given online then why no effort by the company to check the alleged discrepancy in job title at the point of application?
Please advise. Also if you can point me to any law or procedural matters or case law, similar examples that can help in this case would be greatly appreciated.
Am new here and seeking your help on behalf of my friend with regards to an insurance claim that has been refused by my friend's insurance company. He has been refused on the grounds of "deliberate misrepresentation". Any advice you have positive or critical would be greatly appreciated. I apologise for the long post.
My friend whose first language is not English took out insurance online with a company he found through a comparison site. The company specialises in insurance for foreign drivers. He started paying premiums.
One morning he hit the back of another car. He contacted the insurance company. At that stage the insurance company asked him to confirm his job title. I think this was a strange question to be asked at this point. My friend gave them his job title of warehouse worker/truck loader and for the FIRST time sent them documents confirming this. The insurance company refused his claim on the grounds that:
- They have a different job title for him on record that of him being a shop assistant
- They say he had been refused two previous applications for insurance with them where he had used the title of warehouseman and subsequently a third application which was approved wherein he used the title of shop assistant.
- They say his insurance policy is void as he "deliberately misrepresented" his details. And they treat this as though no insurance was ever granted.
My friend says he had not knowingly filled out any application with the title of shop assistant. He wonders whether due to his poor English he misunderstood something during the online application or whether something went wrong with the website/clicking/selection.
The insurance company never sent any document to my friend to confirm his job or other personal details at the point of making the application.
They never asked for him to provide any details of his job title during the application process.
They never refused him any insurance. We have no communication or documents showing a refusal.
I have written to them asking for the evidence of previous refused applications and the application they say they hold with the title of shop assistant and for details of how to complain. They just replied giving an email address to which we could complain but have not provided the information/documents.
IF it is true at this point in time that my friend deliberately misrepresented his details then it must be true at the point of him making the application. This means that the insurance company knowingly, extended insurance to someone they knew was involved in deliberate misrepresentation.
Not only that, if they had in fact refused him twice, how can a change in job details for the same person result in a subsequent approval? If there were two different job titles given online then why no effort by the company to check the alleged discrepancy in job title at the point of application?
Please advise. Also if you can point me to any law or procedural matters or case law, similar examples that can help in this case would be greatly appreciated.
This needs to be Speed, Plod, and Law. Solicitor is needed if friend is telling the truth, but a complaint probably needs to be raised with the insurance company for them to investigate and also hand over information/documents to him.
However, every single insurance comparison site i've ever used asks you for your job title.
Insurance companies are now e-driven so it will all be in his email account, unless he has specifically requested a paper copy.
However, every single insurance comparison site i've ever used asks you for your job title.
Insurance companies are now e-driven so it will all be in his email account, unless he has specifically requested a paper copy.
When he took out the policy the Insurer will have sent him a document, called a 'Statement of Fact' or similar, detailing all the information on which the policy was based - this was probably emailed to him, or he may have been directed to an online portal where he could download it. What does his job title say there?
It's really not down to the insurance company to query the information they have been given - that's why they send it back to you and ask you to check it's right.
If he can't speak English well then, with respect, he probably should have asked somebody to help him.
I suspect he's going to struggle here. You will need to follow the complaints procedure, but I suspect they will stick to their position. Once the complaint is complete and presuming it is not found in his favour he can then go to the Financial Ombudsman Service and try them - they may disagree with the insurer, but I wouldn't hold out too much hope, if the facts are as stated.
It's really not down to the insurance company to query the information they have been given - that's why they send it back to you and ask you to check it's right.
If he can't speak English well then, with respect, he probably should have asked somebody to help him.
I suspect he's going to struggle here. You will need to follow the complaints procedure, but I suspect they will stick to their position. Once the complaint is complete and presuming it is not found in his favour he can then go to the Financial Ombudsman Service and try them - they may disagree with the insurer, but I wouldn't hold out too much hope, if the facts are as stated.
AndrewRichards1 said:
Hi All,
Am new here and seeking your help on behalf of my friend with regards to an insurance claim that has been refused by my friend's insurance company. He has been refused on the grounds of "deliberate misrepresentation". Any advice you have positive or critical would be greatly appreciated. I apologise for the long post.
My friend whose first language is not English took out insurance online with a company he found through a comparison site. The company specialises in insurance for foreign drivers. He started paying premiums.
One morning he hit the back of another car. He contacted the insurance company. At that stage the insurance company asked him to confirm his job title. I think this was a strange question to be asked at this point. My friend gave them his job title of warehouse worker/truck loader and for the FIRST time sent them documents confirming this. The insurance company refused his claim on the grounds that:
- They have a different job title for him on record that of him being a shop assistant
- They say he had been refused two previous applications for insurance with them where he had used the title of warehouseman and subsequently a third application which was approved wherein he used the title of shop assistant.
- They say his insurance policy is void as he "deliberately misrepresented" his details. And they treat this as though no insurance was ever granted.
My friend says he had not knowingly filled out any application with the title of shop assistant. He wonders whether due to his poor English he misunderstood something during the online application or whether something went wrong with the website/clicking/selection.
The insurance company never sent any document to my friend to confirm his job or other personal details at the point of making the application.
They never asked for him to provide any details of his job title during the application process.
They never refused him any insurance. We have no communication or documents showing a refusal.
I have written to them asking for the evidence of previous refused applications and the application they say they hold with the title of shop assistant and for details of how to complain. They just replied giving an email address to which we could complain but have not provided the information/documents.
IF it is true at this point in time that my friend deliberately misrepresented his details then it must be true at the point of him making the application. This means that the insurance company knowingly, extended insurance to someone they knew was involved in deliberate misrepresentation.
Not only that, if they had in fact refused him twice, how can a change in job details for the same person result in a subsequent approval? If there were two different job titles given online then why no effort by the company to check the alleged discrepancy in job title at the point of application?
Please advise. Also if you can point me to any law or procedural matters or case law, similar examples that can help in this case would be greatly appreciated.
Had your friend applied for insurance on two seperate occasions with this provider? Am new here and seeking your help on behalf of my friend with regards to an insurance claim that has been refused by my friend's insurance company. He has been refused on the grounds of "deliberate misrepresentation". Any advice you have positive or critical would be greatly appreciated. I apologise for the long post.
My friend whose first language is not English took out insurance online with a company he found through a comparison site. The company specialises in insurance for foreign drivers. He started paying premiums.
One morning he hit the back of another car. He contacted the insurance company. At that stage the insurance company asked him to confirm his job title. I think this was a strange question to be asked at this point. My friend gave them his job title of warehouse worker/truck loader and for the FIRST time sent them documents confirming this. The insurance company refused his claim on the grounds that:
- They have a different job title for him on record that of him being a shop assistant
- They say he had been refused two previous applications for insurance with them where he had used the title of warehouseman and subsequently a third application which was approved wherein he used the title of shop assistant.
- They say his insurance policy is void as he "deliberately misrepresented" his details. And they treat this as though no insurance was ever granted.
My friend says he had not knowingly filled out any application with the title of shop assistant. He wonders whether due to his poor English he misunderstood something during the online application or whether something went wrong with the website/clicking/selection.
The insurance company never sent any document to my friend to confirm his job or other personal details at the point of making the application.
They never asked for him to provide any details of his job title during the application process.
They never refused him any insurance. We have no communication or documents showing a refusal.
I have written to them asking for the evidence of previous refused applications and the application they say they hold with the title of shop assistant and for details of how to complain. They just replied giving an email address to which we could complain but have not provided the information/documents.
IF it is true at this point in time that my friend deliberately misrepresented his details then it must be true at the point of him making the application. This means that the insurance company knowingly, extended insurance to someone they knew was involved in deliberate misrepresentation.
Not only that, if they had in fact refused him twice, how can a change in job details for the same person result in a subsequent approval? If there were two different job titles given online then why no effort by the company to check the alleged discrepancy in job title at the point of application?
Please advise. Also if you can point me to any law or procedural matters or case law, similar examples that can help in this case would be greatly appreciated.
I've been out of the insurance game for a while now but for them to cancel the policy/void it from inception for the reason stated then they would have to demonstrate that they do not insure warehouse people, if they do insurance warehouse people then (IIRC) they can only charge the difference in the premium from shop assistant to warehouse person.
They will still pay out the third party claim but if they have cancelled the policy/voided it from inception then they will reserve the right to come after your friend for any monies they have paid out.
I can't help but think that your friend has, being generous, a rather unreliable memory of the events prior to his policy incepting. I've never heard of occupation not being asked for on an application for motor insurance, and if they didn't ask then how did they end up thinking he was a shop assistant? Easy way to confirm though and prove me wrong, which comparison site and insurer was it?
The Spruce Goose said:
your friend knew what he was doing and it is funny how when it suits not knowing English is now used, but knows enough to use and navigate a comparison website. Anyway seems fair to me, the job titles are pretty different.
If I were in France buying French insurance I would use Google Chrome to translate the pages into English for me. I might still get into trouble depending upon the quality of the translation.It is not axiomatic that being able to navigate the site and being able to understand enough English are the same thing...
skwdenyer said:
If I were in France buying French insurance I would use Google Chrome to translate the pages into English for me. I might still get into trouble depending upon the quality of the translation.
It is not axiomatic that being able to navigate the site and being able to understand enough English are the same thing...
Whatever country you live in, you live by there laws whether you understand them or not, that is life. It is not axiomatic that being able to navigate the site and being able to understand enough English are the same thing...
AndrewRichards1 said:
The insurance company refused his claim on the grounds that:
- They have a different job title for him on record that of him being a shop assistant
- They say he had been refused two previous applications for insurance with them where he had used the title of warehouseman and subsequently a third application which was approved wherein he used the title of shop assistant.
- They say his insurance policy is void as he "deliberately misrepresented" his details. And they treat this as though no insurance was ever granted.
They never asked for him to provide any details of his job title during the application process.
They never refused him any insurance. We have no communication or documents showing a refusal.
On these points (I am not a lawyer or in insurance)- They have a different job title for him on record that of him being a shop assistant
- They say he had been refused two previous applications for insurance with them where he had used the title of warehouseman and subsequently a third application which was approved wherein he used the title of shop assistant.
- They say his insurance policy is void as he "deliberately misrepresented" his details. And they treat this as though no insurance was ever granted.
They never asked for him to provide any details of his job title during the application process.
They never refused him any insurance. We have no communication or documents showing a refusal.
1) He probably did try different job roles when applying - why would they make it up? Insurers keep a lot of data and for good reason (to detect fronting, etc)
2) Every car insurance I have applied for asks for your job - it is a material part of the risk profile (actors being more expensive than bin men to compensate for loss)
3) They might not have "refused insurance" but rather "declined to provide a quote" based on the risk profile
Just a guess
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