OH GOD...my insurance may not be valid....
Discussion
Hmmm. Zoomer's sopabox time again. Sorry folks
I have done a good deal of work as a barrister doing motor claims work, so I KNOW what I am talking about. It is a fundamental term of the agreement between you and the insurance company that you have declared ina full and frank fashion any modifications from standard.
This means engine upgrades, cosmetics, wheeltrims which are not factory fit, and window tints.
This is on a strict legal interpretation of course. But breach of this term, however small, is a breach, no matter how small and at the very least will give the insurance company an EXCUSE to try not paying out. And we know how they HATE paying out.
This is the reason why I have declared the AC Schnitzer mirrors on my 330CS.They may be BMW approved parts, but they do not form "part of the factory specfifcation" and therefore must be declared.
Sorry chaps and chapesses but you CANNOT afford not to tell them EVERYTHING.
PLEASE PLEASE PLEASE don't get caught out.
Take care out there
>> Edited by zoomer on Thursday 22 January 17:13
>> Edited by zoomer on Thursday 22 January 17:15
Classic insurance companies often understand that classic cars may not be as standard any longer, due to unavailability of parts, modernising the vehicle, safety items such as better brakes and even the fitting of seat belts on older cars. I would be very surprised if you have a problem.
One thing thats always puzzled me, how do cars with bull bars get to be insured? I mean, the vehicle has been modded in a way to do harm to other people and or their property. When a child is killed simply because the moron who owns the vehicle has fitted such ironmongery to prevent the child from denting his bonnet, why the hell don't the insurance companies persue the owner for their losses? Why does the rest of us have to pay?
One thing thats always puzzled me, how do cars with bull bars get to be insured? I mean, the vehicle has been modded in a way to do harm to other people and or their property. When a child is killed simply because the moron who owns the vehicle has fitted such ironmongery to prevent the child from denting his bonnet, why the hell don't the insurance companies persue the owner for their losses? Why does the rest of us have to pay?
Hedders,
Insurance comapanies are not benevolent organisations desperate to help you in your hour of need. They are Bussinesses! You knew you had points and mods to your car, you are obliged to let them know!
You cant try the "com on guv, let me off I know i didnt tell you everything but give me the money anyway" malarky. Not telling them of the points is a joke as well, if it was just the tinted windows my opinion would be well its only tinted windows, who cares but.....
The modifications you have made and the points mean that you have withheld information on purpose either through ignorance, which is no defence as your policy documents will tell you what your obligtations are or willfully.
Insurance comapanies are not benevolent organisations desperate to help you in your hour of need. They are Bussinesses! You knew you had points and mods to your car, you are obliged to let them know!
You cant try the "com on guv, let me off I know i didnt tell you everything but give me the money anyway" malarky. Not telling them of the points is a joke as well, if it was just the tinted windows my opinion would be well its only tinted windows, who cares but.....
The modifications you have made and the points mean that you have withheld information on purpose either through ignorance, which is no defence as your policy documents will tell you what your obligtations are or willfully.
I'm afraid this is correct.
You have not complied with your obligation to give full and frank disclosure of all information.
You are therefore in breach of contract.
Therefore they do not have to hnour their obligations.
I am sympathetic, so if they fvck with you email me and I'll try to strongarm them for you.
But you are, I am afraid, in the wrong. Sorry.
Hedders,
OK, so you didn't declare all your mods at insurance time. Bad lad, tut tut tut. But I can't stand in judgement, as I have been there as well, mainly because I also have a classic (Mk1 Golf GTi - my baby!)and I couldn't tell you without quite alot of thought exactly what on the car is standard and what isn't.
It is also insured through Footman James, with Avon. And I had a fairly pricey (by my book - about £1200) claim a while back, where I was hit from behind by an uninsured driver. The loss assessor wrote it off, but FJ gave me his number and I called him. He was very helpful, and agreed to a lower claim for damage being put in, and he wouldn't write it off. And, to be quite honest, I have been very surprised by how little interest withe Avon or FJ have takn in the case. They paid up, I paid the excess, and the job was done. I very much doubt that anyone would spot your tinted rear window if they are anything like the ones who dealt with me. (That's not to condone doing this though.)
Zoomer - what is your Email address? I've been trying to contact you about the uninsured driver situation above for a while ... drop me a line - orinocowomble@eurobell.co.uk.
Oli.
OK, so you didn't declare all your mods at insurance time. Bad lad, tut tut tut. But I can't stand in judgement, as I have been there as well, mainly because I also have a classic (Mk1 Golf GTi - my baby!)and I couldn't tell you without quite alot of thought exactly what on the car is standard and what isn't.
It is also insured through Footman James, with Avon. And I had a fairly pricey (by my book - about £1200) claim a while back, where I was hit from behind by an uninsured driver. The loss assessor wrote it off, but FJ gave me his number and I called him. He was very helpful, and agreed to a lower claim for damage being put in, and he wouldn't write it off. And, to be quite honest, I have been very surprised by how little interest withe Avon or FJ have takn in the case. They paid up, I paid the excess, and the job was done. I very much doubt that anyone would spot your tinted rear window if they are anything like the ones who dealt with me. (That's not to condone doing this though.)
Zoomer - what is your Email address? I've been trying to contact you about the uninsured driver situation above for a while ... drop me a line - orinocowomble@eurobell.co.uk.
Oli.
Mad Dave said:Without being arrogant - didn't you place a case with the IOB (now FSA) after that - I'm pretty sure they would have been sympathetic to your case.
We spent ages fighting it - they couldnt prove they sent it, but equally they couldnt prove that we agreed to the policy wording. We even went to the insurance ombudsman but they said that they only deal with cases AFTER theyre concluded and they then decide if weve been treated unfairly!
It may not be too late, and wouldn't cost you anything - get over to www.financial-ombudsman.org.uk/ and check out your rights!
J
I realise i have been naive about all this, but at no point did i ever feel i was getting one over on them by not telling them about tinted windows.
If they don't pay out, I will remove the tints so i am insured again, and go and visit them, and if i happen to hit every single car in their carpark....lifes a bitch...
If they don't pay out, I will remove the tints so i am insured again, and go and visit them, and if i happen to hit every single car in their carpark....lifes a bitch...
I think you would be unlucky.At worst they may not fully pay out. Possibly 2/3rds.
A friend of mine was supposed to inform his company about where and when he did track days before he did them ..one day he forgot....the next day he crashed his car on a track day...£7500 worth of damage.His company (AON) still paid out. ( OK I know these are different circs., )
A friend of mine was supposed to inform his company about where and when he did track days before he did them ..one day he forgot....the next day he crashed his car on a track day...£7500 worth of damage.His company (AON) still paid out. ( OK I know these are different circs., )
Having just read the whole thread through again, and ingnoring the possibility of the insurance not paying at all I still think you have a problem Hedders. You say the damage is worth 2.5K yet they are likely to only pay out 1.5K as a total loss? If so they will write-off the car, or offer you 1.5K (or less) for you to repair the car yourself.
Good luck, whatever happens. Next time get a proper valuation and declare everything.
Good luck, whatever happens. Next time get a proper valuation and declare everything.
kevinday said:
Having just read the whole thread through again, and ingnoring the possibility of the insurance not paying at all I still think you have a problem Hedders. You say the damage is worth 2.5K yet they are likely to only pay out 1.5K as a total loss? If so they will write-off the car, or offer you 1.5K (or less) for you to repair the car yourself.
Good luck, whatever happens. Next time get a proper valuation and declare everything.
I think classic car insurance works differently, and the car is clearly not written off, if it were not for the two broken bulbs, it would still pass an mot, i think!
So i am pretty sure they would pay to repair it.
I also forgot to mention that my mechanic is a qualified Jaguar 'expert', and he told me hw may be able to sort out the agreed value even at this time, because in his 'expert opinion' this car is worth £7k etc etc.
I don't want to put much faith in that, but if you look in the classifieds you do see good examples of my car going for up to £10,000..but they have 20,000 miles and are perfect in every way. Mine still needs a few bits but it is (or, should i say, was)perfect from ten feet away sort of thing
>> Edited by hedders on Thursday 22 January 21:38
Hedders,
so what if an "expert" has now valued the car at £7k. The insuarnce company were not told it was worth that much before you asked them to cover the risk did they? No so you IMHO should be told to f off by your insurers as you have not honoured your contract with them.
>> Edited by rich1231 on Thursday 22 January 21:51
so what if an "expert" has now valued the car at £7k. The insuarnce company were not told it was worth that much before you asked them to cover the risk did they? No so you IMHO should be told to f off by your insurers as you have not honoured your contract with them.
>> Edited by rich1231 on Thursday 22 January 21:51
rich1231 said:
Hedders,
so what if an "expert" has now valued the car at £7k. The insuarnce company were not told it was worth that much before you asked them to cover the risk did they? No so you IMHO should be told to f off by your insurers as you have not honoured your contract with them.
>> Edited by rich1231 on Thursday 22 January 21:51
I said i didn't put much faith in it, but so far he has never been wrong about anything jaguar related, he has dealth with hundreds of insurance claims for jags insured through this Brokerage, so if he says he can have some bearing on it, i will wait and see
The £7k was just an example, I was just suggesting that he may be able to influence them a bit, but obviously not if he gets some little hitler insurance assessor who is having a bad day.
Then I'm screwed.
Well, I have good news and bad news!
They have accpeted the tinted windows, and therefore accepted the liability for the people i hit...PHEW!
BUT...They have not taken the value of my car into account and have written it off, which means they probably intend to send me a check for £1200 for a car I have spend £8k refurbishing. If thats what they do I will try and negotiate with them or claim salvage and fix it and get an agreed value on it before my next claim
They have accpeted the tinted windows, and therefore accepted the liability for the people i hit...PHEW!
BUT...They have not taken the value of my car into account and have written it off, which means they probably intend to send me a check for £1200 for a car I have spend £8k refurbishing. If thats what they do I will try and negotiate with them or claim salvage and fix it and get an agreed value on it before my next claim
mcflurry said:
I had a claim with Admiral a few years ago. They offered me the written off car for 20% of the claim value. I could have either 4500 or 3600 plus the vehicle.
Under instruction, I have been advised that i have to do everything i can do stop them from saying the car is written off, and i need to try and get them to do an 'agreed contract' repair or something...and tell them I can get 2nd hand parts.
I have to get them to NOT write off the car on paper, cos it is a great car and being written off doesn't look good on the history!
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