Forgot to declare SP30 and a claim going through
Discussion
Not me luckily... but a good friend.
Honest mistake.
Nearly two years SP30 small fine received.
Switched insurers last year, approx September time, forgot to declare SP30 as they had completely slipped their mind by now!
This only came to light when insurers requested the access code to view the driving license online, checked all the sections out of curiosity and found the SP30. Rang DVLA to query it as they still don't recall the circumstances but DVLA have confirmed that they were convicted by fixed penalty.
So their current claim is going through and this has come to light. They are worried about this lack of memory and how it may influence their claim. I know for a fact that if they had remembered the points then they would have declared them as they are honest and even if they weren't, their is nothing to be gained from not declaring a small SP30 these days I don't think.
I said I would do what I could and ask PH wisdom as a few Insurance experts on here. They intend writing to insurers immediately and holding their hands up to the error.
Any advice I could pass on is hugely appreciated by my friend and myself
Honest mistake.
Nearly two years SP30 small fine received.
Switched insurers last year, approx September time, forgot to declare SP30 as they had completely slipped their mind by now!
This only came to light when insurers requested the access code to view the driving license online, checked all the sections out of curiosity and found the SP30. Rang DVLA to query it as they still don't recall the circumstances but DVLA have confirmed that they were convicted by fixed penalty.
So their current claim is going through and this has come to light. They are worried about this lack of memory and how it may influence their claim. I know for a fact that if they had remembered the points then they would have declared them as they are honest and even if they weren't, their is nothing to be gained from not declaring a small SP30 these days I don't think.
I said I would do what I could and ask PH wisdom as a few Insurance experts on here. They intend writing to insurers immediately and holding their hands up to the error.
Any advice I could pass on is hugely appreciated by my friend and myself
p4cks said:
They'll adjust the payout to include the increase in premium that your friend should have been paying.
Unlikely they'll cancel claim and void insurance if it's an honest mistake. If it's a genuine fraud attempt and they can prove it then they will cancel claim and avoid.
Goes without saying that they will happily pay the extra to keep policy from being void as it's a genuine error.Unlikely they'll cancel claim and void insurance if it's an honest mistake. If it's a genuine fraud attempt and they can prove it then they will cancel claim and avoid.
Thanks for the advice
p4cks said:
They'll adjust the payout to include the increase in premium that your friend should have been paying.
Unlikely they'll cancel claim and void insurance if it's an honest mistake. If it's a genuine fraud attempt and they can prove it then they will cancel claim and avoid.
But anyone could always say, 'oh I forgot officer'. You have a responsibility to declare the facts surely? Unlikely they'll cancel claim and void insurance if it's an honest mistake. If it's a genuine fraud attempt and they can prove it then they will cancel claim and avoid.
Hub said:
p4cks said:
They'll adjust the payout to include the increase in premium that your friend should have been paying.
Unlikely they'll cancel claim and void insurance if it's an honest mistake. If it's a genuine fraud attempt and they can prove it then they will cancel claim and avoid.
But anyone could always say, 'oh I forgot officer'. You have a responsibility to declare the facts surely? Unlikely they'll cancel claim and void insurance if it's an honest mistake. If it's a genuine fraud attempt and they can prove it then they will cancel claim and avoid.
In their defence though they hope the insurance company considers:
1. Time passed - 20month
2. Very small offence, not DD or a serious ban
3. Lack of counterpart paper license to reference
4. Its an honest mistake and they are alerting their insurers to it
It happened to me in 2002, however I'd had 2 speeding convictions, both within a month or two of each other that I'd neglected to update my insurance co with.
I called them from the roadside immediately after my accident and told them. Amazing they were fine, there was no extra loading and the claim was paid out.
I called them from the roadside immediately after my accident and told them. Amazing they were fine, there was no extra loading and the claim was paid out.
don29 said:
It happened to me in 2002, however I'd had 2 speeding convictions, both within a month or two of each other that I'd neglected to update my insurance co with.
I called them from the roadside immediately after my accident and told them. Amazing they were fine, there was no extra loading and the claim was paid out.
Thanks, that is positive to hear, I am passing responses on my friendI called them from the roadside immediately after my accident and told them. Amazing they were fine, there was no extra loading and the claim was paid out.
There should really only be an issue if the conviction would have resulted in the insurer refusing to cover them in any circumstances. The reality is that the SP30 is in now way related to the claim being made, therefore, any insurer should just deduct any loading they would have applied to the policy, from the pay out. And if they didn't, I'm sure thats how the Ombudsman would see it..............
There's two ways they will look at it, either deduct the increase in premium or deal with your claim on a pro rata basis based on how much of the true premium you have paid.
I.e.
With the sp30 you would have paid £1000 but without you only paid £900 meaning you've only paid 90% as such they will only pay 90% of your claim, £10,000 claim but a £9,000 payout.
Decision remains with the insurer as to how they proceed and pro rata settlements are supported by the FOS (infact it was a preferred option to voiding the policy prior to insurance consumer act)
I.e.
With the sp30 you would have paid £1000 but without you only paid £900 meaning you've only paid 90% as such they will only pay 90% of your claim, £10,000 claim but a £9,000 payout.
Decision remains with the insurer as to how they proceed and pro rata settlements are supported by the FOS (infact it was a preferred option to voiding the policy prior to insurance consumer act)
ZOLLAR said:
There's two ways they will look at it, either deduct the increase in premium or deal with your claim on a pro rata basis based on how much of the true premium you have paid.
I.e.
With the sp30 you would have paid £1000 but without you only paid £900 meaning you've only paid 90% as such they will only pay 90% of your claim, £10,000 claim but a £9,000 payout.
Decision remains with the insurer as to how they proceed and pro rata settlements are supported by the FOS (infact it was a preferred option to voiding the policy prior to insurance consumer act)
I think this is right. I don't have all the facts, but a friend of mine didn't disclose (3?) points on his licence. Within a year, his car was stolen. His insurers have offered a % of the car's value. After reading the above, I assume it's the % of the premium he paid absent the points. He's contending it, so the outcome is not final. I.e.
With the sp30 you would have paid £1000 but without you only paid £900 meaning you've only paid 90% as such they will only pay 90% of your claim, £10,000 claim but a £9,000 payout.
Decision remains with the insurer as to how they proceed and pro rata settlements are supported by the FOS (infact it was a preferred option to voiding the policy prior to insurance consumer act)
Alpinestars said:
ZOLLAR said:
There's two ways they will look at it, either deduct the increase in premium or deal with your claim on a pro rata basis based on how much of the true premium you have paid.
I.e.
With the sp30 you would have paid £1000 but without you only paid £900 meaning you've only paid 90% as such they will only pay 90% of your claim, £10,000 claim but a £9,000 payout.
Decision remains with the insurer as to how they proceed and pro rata settlements are supported by the FOS (infact it was a preferred option to voiding the policy prior to insurance consumer act)
I think this is right. I don't have all the facts, but a friend of mine didn't disclose (3?) points on his licence. Within a year, his car was stolen. His insurers have offered a % of the car's value. After reading the above, I assume it's the % of the premium he paid absent the points. He's contending it, so the outcome is not final. I.e.
With the sp30 you would have paid £1000 but without you only paid £900 meaning you've only paid 90% as such they will only pay 90% of your claim, £10,000 claim but a £9,000 payout.
Decision remains with the insurer as to how they proceed and pro rata settlements are supported by the FOS (infact it was a preferred option to voiding the policy prior to insurance consumer act)
Also, for anyone who has regular dealings with the FOS will know how unpredictable their decisions are, here are two examples.
One where pro rata isn't upheld and one where it is upheld.
As with most things insurance,it comes down to the individual case.
Not upheld.
http://www.ombudsman-decisions.org.uk/viewPDF.aspx...
Upheld.
http://www.ombudsman-decisions.org.uk/viewPDF.aspx...
One where pro rata isn't upheld and one where it is upheld.
As with most things insurance,it comes down to the individual case.
Not upheld.
http://www.ombudsman-decisions.org.uk/viewPDF.aspx...
Upheld.
http://www.ombudsman-decisions.org.uk/viewPDF.aspx...
Sir Bagalot said:
When I had SP30's, and declared them, they never made a difference to my premium. Even when I had two of the feckers at the same time!!
Admiral wanted an extra £95 on top of the renewal price of £355 for an sp30, although it did get back down to around the quote price when I told them I had a better quote, went elsewhere for £240 with the pointsZOLLAR said:
Also, for anyone who has regular dealings with the FOS will know how unpredictable their decisions are, here are two examples.
One where pro rata isn't upheld and one where it is upheld.
As with most things insurance,it comes down to the individual case.
Not upheld.
http://www.ombudsman-decisions.org.uk/viewPDF.aspx...
Upheld.
http://www.ombudsman-decisions.org.uk/viewPDF.aspx...
Interesting.One where pro rata isn't upheld and one where it is upheld.
As with most things insurance,it comes down to the individual case.
Not upheld.
http://www.ombudsman-decisions.org.uk/viewPDF.aspx...
Upheld.
http://www.ombudsman-decisions.org.uk/viewPDF.aspx...
The difference is seemingly dependent on whether the ombudsman and insurance company believe the omission of penalty points was accidental or deliberate / negligent.
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