Insurance Co won't cough up...
Insurance Co won't cough up...
Author
Discussion

pattyg

Original Poster:

1,385 posts

258 months

Saturday 25th August 2007
quotequote all
...due to an old address on licence.

I take it my friend has no comeback on this. £6k worth of damage now to come out of his own pocket.

I think this is a little bit below the belt as car was insured under the correct address.

I also think if they ain't paying out he should get the premiums back as they effectively mean nothing. Suppose uninsured car would then be an issue.

2 sMoKiN bArReLs

32,040 posts

266 months

Saturday 25th August 2007
quotequote all
It doen't sound right to me, I'd certainly challenge them to point out exactly why, and where it's referred to in the t & c.

Pickled Piper

6,452 posts

266 months

Saturday 25th August 2007
quotequote all
Tell your friend to have a look at the Financial Services Authority website. They list a number of case histories. There may be an appropriate one that sets a precedent.

There are many cases where Insurance Companies have declined to pay out based on the flimsiest excuses. many have been successfully challenged through the FSA. Ultimately, the terms and conditions have to be fair and reasonable.

Can't make any specific comments without knowing all the facts. However, why did the insurance co need to see the driving license? and is the policy holders address correct?

pp

andyglos

295 posts

233 months

Monday 27th August 2007
quotequote all
Interesting..... I have just renewed my insurance and was asked to provide a copy of my licence for the company to check. This is the first time I have been asked this in 31 years of driving cars and riding motorcycles. What is more concerning is the fact that I have now been asked to provide a copy of a licence with my current address as the address on my licence is that same one that I had 31 years ago! Reason for keeping that address is that my parents still live there and I have (and still am) very mobile with my job and tend to change address every 12 months to 2 years.

Now I have had the odd claim over the last 31 years all of which have been paid. I have also had points on my license. So why the insistence now from the insurance company that my address on my license matches my current address? Any ideas?

ADDLED

149 posts

233 months

Tuesday 28th August 2007
quotequote all
Youre required by law to uprate your licence with your current address and to notify DVLA of address changes. Perhaps the insurance company are using the fact that you/friend havent done this to imply that the licence is invalid, and thus you werent legal to drive? Seems a little harsh to me if thats their story.
I used to live in London during the week and go back to the family home at weekends; licence had London address, insurance was based on family address, so its not unusual to have differing details.

Good luck!

911JUS

2,386 posts

268 months

Tuesday 28th August 2007
quotequote all
ADDLED said:
Youre required by law to uprate your licence with your current address and to notify DVLA of address changes. Perhaps the insurance company are using the fact that you/friend havent done this to imply that the licence is invalid, and thus you werent legal to drive? Seems a little harsh to me if thats their story.
I used to live in London during the week and go back to the family home at weekends; licence had London address, insurance was based on family address, so its not unusual to have differing details.

Good luck!
surly not keeping your licence address up to date is a issue with the dvla if the dvla wish to fine you etc thats a issue between you and the dvla.

im sure a insurance company cannot refuse to pay out on a license address issue as that makes no difference to the risk they underwrote

J

GMMK

101 posts

267 months

Tuesday 28th August 2007
quotequote all
911JUS said:
ADDLED said:
Youre required by law to uprate your licence with your current address and to notify DVLA of address changes. Perhaps the insurance company are using the fact that you/friend havent done this to imply that the licence is invalid, and thus you werent legal to drive? Seems a little harsh to me if thats their story.
I used to live in London during the week and go back to the family home at weekends; licence had London address, insurance was based on family address, so its not unusual to have differing details.

Good luck!
surly not keeping your licence address up to date is a issue with the dvla if the dvla wish to fine you etc thats a issue between you and the dvla.

im sure a insurance company cannot refuse to pay out on a license address issue as that makes no difference to the risk they underwrote

J
May not be as simple as that - insurance premiums are weighted according to where you live. You pay more for a riskier postcode and it is not uncommon for people to choose to pay the lower premium of an old address. That may constitute withholding of information and invalidate the insurance. Tread carefully.

GK

Vesuvius 996

35,829 posts

302 months

Tuesday 28th August 2007
quotequote all
GMMK said:
911JUS said:
ADDLED said:
Youre required by law to uprate your licence with your current address and to notify DVLA of address changes. Perhaps the insurance company are using the fact that you/friend havent done this to imply that the licence is invalid, and thus you werent legal to drive? Seems a little harsh to me if thats their story.
I used to live in London during the week and go back to the family home at weekends; licence had London address, insurance was based on family address, so its not unusual to have differing details.

Good luck!
surly not keeping your licence address up to date is a issue with the dvla if the dvla wish to fine you etc thats a issue between you and the dvla.

im sure a insurance company cannot refuse to pay out on a license address issue as that makes no difference to the risk they underwrote

J
May not be as simple as that - insurance premiums are weighted according to where you live. You pay more for a riskier postcode and it is not uncommon for people to choose to pay the lower premium of an old address. That may constitute withholding of information and invalidate the insurance. Tread carefully.

GK
100% correct.

This would more than likely mean they'd void the policy.

fido

18,930 posts

286 months

Tuesday 28th August 2007
quotequote all
unless i'm missing something here ... (as said above) the insurance details (address of where your car is kept) does not have to match your drivers' license; they have never matched up for me - i have all mail sent to my London address, and my cars are insured at my Surrey address (matching the V52s) - two separate details. full-stop. (though i have notified the insurance company of this discrepancy, since the police seem to make a big deal about it)

Edited by fido on Tuesday 28th August 13:30

pikey

7,704 posts

315 months

Tuesday 28th August 2007
quotequote all
I suppose the root of this is whether the insurance company were given enough data at policy inception to accurately calculate the premium for the risk.

They may be thinking that the driver was pulling a fast one by living at one address and 'pretending' the car was kept (and insured) at another.

For example, Bloke lives in a high risk area and the insurance is expensive. Being a bit cheeky, he registers the car at his parents address in sleepy ruralshire and insures it there. Something happens, he makes a claim and the insurance company sees his driving licence address is in the high risk city and are suspicious that the car was never at the address it's registered at.

My advice:

  • Ask the insurance company to state whether the premium would have been any different had they known of the different address in the first place. If the risk and premium was the same, then they're being tossers.
  • If your friend does genuinely live at the address it's registered/insured at and can prove it, he should do. Utility bills, council tax, phone records, junk mail, bank statements, etc... Send them a pack of evidence that proves he's been living at the address.
  • Insurance Ombudsman
But - if he has been a bit dodgy, then it's his own damn fault and he should quietly let it drop. Attempting to make a fraudulent insurance claim is a criminal offence...



AL001

831 posts

301 months

Tuesday 28th August 2007
quotequote all
The OP hasn't suggested any funny business and stated the car was insured under correct address.

Vesuvius 996

35,829 posts

302 months

Tuesday 28th August 2007
quotequote all
AL001 said:
The OP hasn't suggested any funny business and stated the car was insured under correct address.
If that's true then he should go the ombudsman route.

There will always be a suspicion that he's left the old address on for a nefarious purpose though.

Lagerlout

1,812 posts

267 months

Tuesday 28th August 2007
quotequote all
Sounds like total BS to me. I have a Euro licence, I don't live there anymore and I don't under Euro law have to change my licence until it expires so the licence/address is completely incorrect/irrelevant.

All I have to do is tell the insurer where my car is kept, address on my licence is irrelevant. Are they saying that the car was not being kept at said address and is there some clause that the car should be garaged etc after some point in time ie 10pm? If that was the case and the car was nicked from the new place of abode and was not kept garaged I could sort of understand this..

EK993

1,957 posts

282 months

Tuesday 28th August 2007
quotequote all
Also think it doesn't sound right.

As long as the correct premium is being paid for the risk, ie the insured address is the same as the cars physical address then it should not matter that your parents address is on your license. If however the car is insured at your parents address, and kept somewhere else, then yes the policy would be void.

I am currently looking after my friends 3.2 Carrera as he is abroad. The car is registered in his name, the policy is in his name, at his own home address. He has advised the Underwriters, and they have issued an endorsement on the policy noting me as the main driver with the vehicle kept at my address, and amended the premium accordingly.

RB_987s

134 posts

232 months

Tuesday 28th August 2007
quotequote all
Doesn’t sound right to me – having worked in insurance here’s my 2 pence worth:

1)Insurers have the benefit of a quirky legal concept called “Material Fact” – this means that a driver has to tell the insurer all details that could possible effect a) whether the insurer would insure the car & b) affect the calculation of the premium. The benefit of this legal concept (to insurers)is that they are allowed to throw out claims if they find out you have not declared one of these Material Facts

I’m trying to think how they could argue a driving license address constitutes a Material Fact – I think pikey has covered all the points, does it effect premium etc.


2) What does the insurance policy say about the driving licence address? The insurers should have a much weaker position if there is nothing specifically mentioned in their policy wording. Prob the case

3) Did your friend buy his insurance via a broker? If so a) your friend could try and get the broker to fight his case with the insurer & b) your friend could argue that the broker didn’t make him aware of this peculiarity regarding the licence address and therefore didn’t act in his proper professional capacity – this could (perhaps) lead to a compensation cheque from the broker

4) Given the amount of money in dispute it may be worth a preliminary chat with a solicitor. Insurers often “try it on” at first but think again if they get challenged

Hope this helps & good luck!

pattyg

Original Poster:

1,385 posts

258 months

Wednesday 29th August 2007
quotequote all
Thanks all.

I've told him they're at it and I will let you all know final outcome.