Shafted by insurance co - Advice?

[MEMSDesign]

You'll have to excuse me is this doesn't make perfect sense. Friend of a friend, so I'm not too up on the exac circumstances.

A collegue of mine at work who has recently passed his test has pranged his car. Apparently he pulled out on someone. Anyway, he was insured fully comp. and his insurance company have payed out for the third party's repairs. They have now cancelled his insurance, and refused to pay out for his repairs, on the basis that on the morning in question, the car had not been garaged (policy stated car normally kept in garage).

This sounds a bit dodgy to me, and I'm suspicious they are trying it on (since he's a young lad). What do you lot think?

[joust]

Check the policy documentation - it depends on what is in there if at "first glance" they are correct.

owever, in general if you say it is garaged at your home address, and is isn't kept in the garage, then normally only *theft* cover wouldn't be operative.

Sounds like they are trying it on to me - give the IOB (they are actually the FOB now) on www.financial-ombudsman.org.uk/. They have a consumer helpline and will be able to offer free advice.

I cannot see how they could relate the car not being garaged to the accident.

J

[loaf]

Sounds like utter bowlocks to me. First port of call is a strongly worded complaint letter to the Chief Exec of the insurer, with a copy to the FOB. If that doesn't bear fruit, write direct to the FOB and let them take it up. The fact that the car wasn't garaged the previous night has absolutely no bearing on the insured incident and is completely irrelevant.

[shnozz]

if it is normally garaged (ie he hasnt just told the ins company that to get a cheaper quote) but wasnt on the morning of the accident then its a load of crap. Otherwise if he stayed overnight anywhere other than at home his cover wouldnt be in place.

May be a case of chinese whispers however....

[pdv6]

I guess it depends whether he's told the insurance company that the car is usually garaged and they've subsequently found out that (a) its not or (b) he doesn't have a garage! In that case, they'd probably (with some justification) void the policy.

The question that you normally answer on an application would be "where is the vehicle usually kept overnight?". If you answer "garage" and don't put the car away for some reason one night, that's no justification for voiding the policy.

[MEMSDesign]

I think maybe they are arguing he had misty windows, and wouldn't have if it had been garaged. Not sure if this was the case or not. He'd have a bit daft to drive around with misted up windows (and even more so to admit it to his insurer).

[MEMSDesign]

pdv6 said: I guess it depends whether he's told the insurance company that the car is usually garaged and they've subsequently found out that (a) its not or (b) he doesn't have a garage! In that case, they'd probably (with some justification) void the policy.

The question that you normally answer on an application would be "where is the vehicle usually kept overnight?". If you answer "garage" and don't put the car away for some reason one night, that's no justification for voiding the policy.

I think it is normally kept garaged, but wasn't on this particular morning. Which is why I think the policy is probably valid.

[pdv6]

Well, if he's driving around with misted up windows, then I can't really admit to having much sympathy for him.

However, what that's got to do with garaging or not and his insurance policy is beyond me! What if it was a leaky old soft-top and was garaged after being out in the rain the previous day? I bet it would still steam up then...

[M@H]

Utter rubbish on the part of the insurance co.. I'd just metion the Ombudsman to them on the phone.. that'll probably do the trick.

Cheers,
Matt.

[MEMSDesign]

I think he's been to CAB, and they've told him that his insurers are trying it on, and that he should write a strongly worded letter of complaint. He's repaired his car at his own expense now anyway (since he'd been two months waiting with no response).

[Andy SIBL]

I've never heard of an insurer avoiding indemnity for an accident over a garaging issue. As said above, they normally only refuse indemnity and void the policy over theft claims if this arises.

It sounds to me as if they are trying it on.

Andy

[MajorClanger]

Rather than Financial Ombudsman try the General Insurance Standards Council first www.GISC.co.uk

They have a complaints advice and after your friend has written to their insurers and received their reply, a complaints procedure that you can follow.

Sounds very harsh that they use that as an excuse to refuse paying a claim as it had no bearing on that claim. If, however, the car is not normally garaged overnight then they could say that policy is not valid... but then they'd have reason to refuse the 3rd party claim. Sounds like they are just trying it on. Get your friend to restate his case and ask the insurance company to put in wiriting on what grounds they refuse the claim. The onus is on the insurance company to prove that the car is not normally garaged and any ambiguity in policy wording generally will fall in favour of the insured and NOT insurer.

MC