Insurance question what would you do ?
Insurance question what would you do ?
Author
Discussion

Ilovejapcrap

Original Poster:

3,311 posts

143 months

Tuesday 24th February 2015
quotequote all
So I was involved in a accident in company van,

I was pulling out of a drive, young girl came round corner and bang.

Bit gutted as not a lot I could do about it but as I was pulling out ill props get blame?

Drive in a crap location pulling out onto a 60 mph road but hey ho.

Anyway as its in a company van some people say I should not tell my insurance but I feel I should after all it says did you have an accident not did you have an accident on your policy. I just don't see the point in risking not being insured.

But speaking with people who drive company vans for many organisations it would seem a fair few never declair it.

Surely the insurance company would find out ?

vikingaero

13,506 posts

200 months

Tuesday 24th February 2015
quotequote all

TwigtheWonderkid

49,228 posts

181 months

Tuesday 24th February 2015
quotequote all
You need to declare it, but not until your next renewal.

Ilovejapcrap

Original Poster:

3,311 posts

143 months

Tuesday 24th February 2015
quotequote all
vikingaero said:
Did not know of this, interesting.

so I take it insurance company check this when claims are made to see if someone has done the scenario. I made above ?

Ilovejapcrap

Original Poster:

3,311 posts

143 months

Tuesday 24th February 2015
quotequote all
TwigtheWonderkid said:
You need to declare it, but not until your next renewal.
You sure not straight away ?

TheBroker

90 posts

141 months

Tuesday 24th February 2015
quotequote all
Vehicle Insurance operates under contracts of uberimae fidel (utmost good faith).

Failure to declare immediately is in breach of this and your insure can (and most prob would) refuse payout to you if you have a prang and technically your insurance is invalidated.

You should declare it immediately, your policy will state this too!

I know its a pain and will up your premium but thats just the way the cookie crumbles, but its better to pay more than not be insured.

Ilovejapcrap

Original Poster:

3,311 posts

143 months

Tuesday 24th February 2015
quotequote all
TheBroker said:
Vehicle Insurance operates under contracts of uberimae fidel (utmost good faith).

Failure to declare immediately is in breach of this and your insure can (and most prob would) refuse payout to you if you have a prang and technically your insurance is invalidated.

You should declare it immediately, your policy will state this too!

I know its a pain and will up your premium but thats just the way the cookie crumbles, but its better to pay more than not be insured.
Informative thanks

TwigtheWonderkid

49,228 posts

181 months

Wednesday 25th February 2015
quotequote all
TheBroker said:
Vehicle Insurance operates under contracts of uberimae fidel (utmost good faith).

Failure to declare immediately is in breach of this and your insure can (and most prob would) refuse payout to you if you have a prang and technically your insurance is invalidated.

You should declare it immediately, your policy will state this too!

I know its a pain and will up your premium but thats just the way the cookie crumbles, but its better to pay more than not be insured.
Under ABI rules, there is no obligation for a policyholder to inform his/her own insurers of a mid term accident covered on another policy until the next renewal. That is a fact and no insurer expects otherwise.

Ilovejapcrap

Original Poster:

3,311 posts

143 months

Wednesday 25th February 2015
quotequote all
I rang insurance company and they said did not need to know until renew date

CanAm

14,137 posts

303 months

Wednesday 25th February 2015
quotequote all
TheBroker said:
Vehicle Insurance operates under contracts of uberimae fidel (utmost good faith).

Failure to declare immediately is in breach of this and your insure can (and most prob would) refuse payout to you if you have a prang and technically your insurance is invalidated.

You should declare it immediately, your policy will state this too!

I know its a pain and will up your premium but thats just the way the cookie crumbles, but its better to pay more than not be insured.
Close - it's Uberrimae fidei

TwigtheWonderkid

49,228 posts

181 months

Thursday 26th February 2015
quotequote all
CanAm said:
TheBroker said:
Vehicle Insurance operates under contracts of uberimae fidel (utmost good faith).

Failure to declare immediately is in breach of this and your insure can (and most prob would) refuse payout to you if you have a prang and technically your insurance is invalidated.

You should declare it immediately, your policy will state this too!

I know its a pain and will up your premium but thats just the way the cookie crumbles, but its better to pay more than not be insured.
Close - it's Uberrimae fidei
Not in Cuba it isn't.

TwigtheWonderkid

49,228 posts

181 months

Thursday 26th February 2015
quotequote all
Ilovejapcrap said:
I rang insurance company and they said did not need to know until renew date
Now I'm not one to say I told you so.......

Ilovejapcrap

Original Poster:

3,311 posts

143 months

Sunday 1st March 2015
quotequote all
TwigtheWonderkid said:
Ilovejapcrap said:
I rang insurance company and they said did not need to know until renew date
Now I'm not one to say I told you so.......
It did surprise me, you'd think they would want to know instantly

2 sMoKiN bArReLs

32,039 posts

266 months

Sunday 1st March 2015
quotequote all
Ilovejapcrap said:
TwigtheWonderkid said:
Ilovejapcrap said:
I rang insurance company and they said did not need to know until renew date
Now I'm not one to say I told you so.......
It did surprise me, you'd think they would want to know instantly
Some will, which is why you need to tell them straight away to find out wobble

medieval

1,499 posts

242 months

Sunday 1st March 2015
quotequote all
TheBroker said:
Vehicle Insurance operates under contracts of uberimae fidel (utmost good faith).

Failure to declare immediately is in breach of this and your insure can (and most prob would) refuse payout to you if you have a prang and technically your insurance is invalidated.

You should declare it immediately, your policy will state this too!

I know its a pain and will up your premium but thats just the way the cookie crumbles, but its better to pay more than not be insured.
Uberima Fides but yes ongoing duty to declare during the life of the contract

TwigtheWonderkid

49,228 posts

181 months

Sunday 1st March 2015
quotequote all
medieval said:
TheBroker said:
Vehicle Insurance operates under contracts of uberimae fidel (utmost good faith).

Failure to declare immediately is in breach of this and your insure can (and most prob would) refuse payout to you if you have a prang and technically your insurance is invalidated.

You should declare it immediately, your policy will state this too!

I know its a pain and will up your premium but thats just the way the cookie crumbles, but its better to pay more than not be insured.
Uberima Fides but yes ongoing duty to declare during the life of the contract
In many cases but not for accidents in another vehicle, which the industry governing body has said do not need to be disclosed until renewal.

McSam

6,753 posts

206 months

Sunday 1st March 2015
quotequote all
TwigtheWonderkid said:
Not in Cuba it isn't.
Underrated post hehe

Twin1

89 posts

151 months

Sunday 1st March 2015
quotequote all
TheBroker said:
Vehicle Insurance operates under contracts of uberimae fidel (utmost good faith).

Failure to declare immediately is in breach of this and your insure can (and most prob would) refuse payout to you if you have a prang and technically your insurance is invalidated.

You should declare it immediately, your policy will state this too!

I know its a pain and will up your premium but thats just the way the cookie crumbles, but its better to pay more than not be insured.
Very wrong. For consumer insurance contracts (i.e. just about all car insurance) the law changed in 2012: as a consumer you just have to take reasonable care not to make a misrepresentation when you're arranging your insurance or renewal. The ongoing duty of disclosure no longer exists. For more information, see Consumer Insurance (Disclosure and Representation) Act 2012.

That said, if you deliberately misrepresent, your insurance is still void; if you are careless they will only pay out a proportionate amount; if you take reasonable care, you're safe. This probably falls into the careless category.

On the utmost good faith: Insurance Act 2015 received Royal Assent this month and is coming into force in 18 months, abolishing the duty of utmost good faith for all insurance.



Edited by Twin1 on Sunday 1st March 15:45