car insurance voided due to minor rta

[TANKMICRA]

Hi long time viewing first time posting ( 6 years daily ) little problem im hoping for advise on many thanks.


while i was away for a week with the better half last month it hit me my insurance ran out the next day being away for the week with no internet and very busy i made the stupid mistake of calling my parents and asking them to find a good quote and take out my insurance for me as all my cards etc where at home to and needed to drive the car 400 miles back that weekend

well a phone call later all sorted i thought nothing more of it insurance start was 20/08/2013

on the 28/08/2013 i had a very minor rta ( slight nudge in the rear of a van slight small dent in rear door and no damage at all to my audi ) insurance details where passed on and my insurance informed every thing fine no problem

this is where the problems start , today my insurance company sent me a email saying i had not told them about a claim from 2010 on a old policy and they want a reason why i have not told them , a copy of my ncb , copy of driving license , and a copy of my v5 or my policy will be void within 14 days , its only then i view my policy documents and notice the problem my parents details they had used to take out my policy are wrong big time !

(1)policy states held license since 2005 nope i passed in 2009
(2) ive owned the car im insuring since 2005 again nope bought it a month ago !

what can i do about this im a little lost?

a work college seems to think they will void my policy meaning i will have to pay for any damages etc from the rta and also go to court for no insurance and possibly insurance fraud ?? help !!

[valais]

PHer LoonR1 is your best bet for the insurers view of this.

My take - At the very minimum expect to pay the premium difference between what you are paying and what you should be paying.

[Durzel]

Unless the Police were involved I can't see how you'd end up in court for an insurance offence. As said above the likelihood is either voiding of your policy or payment of premium difference.

[Mound Dawg]

The documents they've asked for are stuff they would want anyway. Send them in and in your written explanation for the non disclosure tell them how it came to happen. Also send them a corrected copy of the sheet they sent with the documents pointing out your parents other mistakes.

Be honest.

Now cross your fingers.

Chances are they'll just ask you to pay an extra premium but if something in your "correct" history means that they wouldn't have insured you in the first place then you may well be in the st.

[Noger]

This would have been better off in SPL&L. However...

You are subject to the new(ish)Consumer Insurance (Disclosure and Representations) Act 2012.

And you now under a statutory duty to take reasonable care not to make misrepresentations.

If you were "careless" (i.e. forgot about a detail) then the remedy is either a) void the policy (if they wouldn't have quoted in the first place) or b) a proportionate reduction in the claim payment (additional premiums, as described above, are only now for policies incepted before April 2013).

If you were "reckless" (i.e. didn't care about something being right or wrong, so for example asking someone else to fill in a form and not bothering to check) then the remedy is avoidance.

You would appear to fit firmly into the latter, although the burden of proof is now on the insurer not you.

So the policy can be voided. However, the insurer can't escape paying the third party. So they will pay for any damage or injury, and then (probably) sue you for that amount. Or maybe not, they may just bin your policy, keep whatever you have paid so far, and think it isn't worth the cost of recovering.

You really need to move this from "reckless" to "careless". To do that you will need to show that you did "care whether or not it was untrue or misleading" when taking out the policy. Did you give your parents the true facts ? Did you check this ? Did you take *reasonable* care ?

Good luck.

[TANKMICRA]

i suppose it would be careless in what iv done , its my own fault 100% time to face up to it in the morning i suppose

[Cemesis]

Hope it works out for you. With no injuries from the RTA and with your explanation laid out in a letter, I'd say you stand a reasonable chance of just an increase in the premium.