Insurance company won’t pay out
Discussion
My brother has VW van that he purchased used & has been driving for 6 or so years. He recently had an accident and the van is a write off. The insurance company came and did an inspection and they say the van has been modified so they won’t pay out. He did not make the modifications and wasn’t aware of them. He’s been driving and paying insurance for this van for 6 years & would have no issue declaring modifications if he’d been made aware but now what can he do? I think it’s outrageous that the insurers are basically just saying that they’ve voided his insurance, won’t pay for the van and because it was a fault accident he must pay for their costs too!
Legally is there anything the can do to challenge this?
Thanks
Legally is there anything the can do to challenge this?
Thanks
Mybrothersvan said:
My brother has VW van that he purchased used & has been driving for 6 or so years. He recently had an accident and the van is a write off. The insurance company came and did an inspection and they say the van has been modified so they won’t pay out. He did not make the modifications and wasn’t aware of them. He’s been driving and paying insurance for this van for 6 years & would have no issue declaring modifications if he’d been made aware but now what can he do? I think it’s outrageous that the insurers are basically just saying that they’ve voided his insurance, won’t pay for the van and because it was a fault accident he must pay for their costs too!
Legally is there anything the can do to challenge this?
Thanks
They could sue him, I suppose.Legally is there anything the can do to challenge this?
Thanks
We need more information about both the circumstances of the write-off and the modifications to be able to answer that.
My understanding (I'm not an expert!) is that they can refuse to pay out of the modifications caused, or even contributed, to the write-off. If there is clearly no link between the two, they area on very shaky ground refusing to pay out.
My understanding (I'm not an expert!) is that they can refuse to pay out of the modifications caused, or even contributed, to the write-off. If there is clearly no link between the two, they area on very shaky ground refusing to pay out.
kambites said:
We need more information about both the circumstances of the write-off and the modifications to be able to answer that.
My understanding (I'm not an expert!) is that they can refuse to pay out of the modifications caused, or even contributed, to the write-off. If there is clearly no link between the two, they area on very shaky ground refusing to pay out.
The other aspect will be whether they would have provided cover had they known about the modifications. If they would have but at a different premium I can’t see it sticking, if they simply wouldn’t have it becomes more complex. The complexity is that with a second hand vehicle how is someone meant to know, Vans are even worse for it with so many variations I imagine. My understanding (I'm not an expert!) is that they can refuse to pay out of the modifications caused, or even contributed, to the write-off. If there is clearly no link between the two, they area on very shaky ground refusing to pay out.
Mybrothersvan said:
Modifications are:
Front Bumper Lower Spoiler
Tailgate Spoiler
Rear Seats Fitted
Front Bumper Lower Spoiler
Tailgate Spoiler
Rear Seats Fitted
Mybrothersvan said:
He did not make the modifications and wasn’t aware of them.
I'm sure he was certainly aware of them, but I can understand he may not have realised that the rear seats were a modification.Mybrothersvan said:
PT1984 said:
I imagine it’s the seats. However is that not a standard question on any online quote calculator? So he would have advised it was a 6 seater or whatever it is now.
I’ve never done an insurance quote for a can but does it ask ihow many seats? Mybrothersvan said:
Thanks for the replies. Modifications are:
Front Bumper Lower Spoiler
Tailgate Spoiler
Rear Seats Fitted
Thanks
I suspect it will be the seats.Front Bumper Lower Spoiler
Tailgate Spoiler
Rear Seats Fitted
Thanks
From what I recall of it, part of the risk is attributed to potential person injury. If there are are 6 seats instead of 3, that's 3 more potential injury claims.
I remember the insurer I used to work for did not like campers converted from builders vans for this reason.
Asthetically, I wouldn't expect the aftermarket stuff to be covered or sourced.
As a general rule if your brother has answered all questions honestly (ie to the best of his knowledge) then I think yes he can insist that the insurer covers it.
However if he signed off on insurance that stated eg "Seats: 3" on the form (even if auto-populated), then he's failed to advise them of something he would clearly have known (the number of seats in the van) and the insurance in general would not be valid.
I think it goes complain to insurer > complain to insurance ombudsman > legal action if you're not happy.
This is exactly the reason I want to but don’t dare put a termignoni exhaust on my Ducati. It’s a dealer supplied part, and thousands of bikes have them. But they are not homologated and stamped for race use only. And most have the catalyst removed. Most say just don’t be a pu$$y, but it’s just my luck the insurer would deny a claim. Which is of concern if a third party was involved / injured.
Sorry as a new user I wasn’t able to reply yesterday. Thanks for everyone who took the time to give advice.
The van has 3 seats as stated on the V5 but 2 in the front and one behind the passenger. So he’s correctly stated it has 3 seats.
I’ve helped him raise a complaint and we will what happens.
The van has 3 seats as stated on the V5 but 2 in the front and one behind the passenger. So he’s correctly stated it has 3 seats.
I’ve helped him raise a complaint and we will what happens.
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