Insurance Claim and New Points

[Lee540]

Hello,

There is a really common sense answer to this but my insurance company are failing to see it and I may need some help please.

- 26 August 2015, stopped for speeding by Police with handheld radar gun, I get my rights read and told I'd be reported for the offence but I received no paperwork of any sorts.

- 04 September 2015, take out a new insurance policy on vehicle

- 09 November 2015, vehicle is stolen from my garage

- 10 November 2015, my court summons for the alledged speeding offence, I loose and receive 6 points and a hefty fine

Now, processing the insurance claim for the stolen vehicle, the DVLA have put the date of my points to be 26 August 2015 and not 10 November 2015. My insurance company say that I should have told them about the points and I'm going to have to pay more money or invalidate my policy..

How could I have known I had points?! What if I won my court case and received no points? I had no points until 10 November 2015.

Along with the share my licence stuff, I also submitted a copy of the conviction notice from Magistrates with the dates etc, but they are saying the DVLA information goes. This is complete nonsense surely.

Any advice? I'm stuck working abroad for the next two weeks and calls back to the UK are £1.50/minute.

Thanks

Lee

[longblackcoat]

They ALWAYS ask you whether you have any pending prosecutions/points at the point of renewal.

[Lee540]

longblackcoat said:

They ALWAYS ask you whether you have any pending prosecutions/points at the point of renewal.

I was never asked this question of my insurance company and also I didn't know of them, the Police didn't give me anything at the side of the road.. what if he didn't actually report the offence? Because of my speed, it was too fast for the standard fixed penalty notice and points.. it had to go in front of a judge.

The court summons didn't arrive till November and I was stopped for the alleged offence in August, I actually had forgotten about it by then.

I wasn't trying to hide anything, I added the 6 points to my car and second motorcycle insurance on the day I received the notice in court, I just didn't know anything about it till then.

[worsy]

When was the court date?

[Joe5y]

longblackcoat said:

They ALWAYS ask you whether you have any pending prosecutions/points at the point of renewal.

This. My GF (now wife) was stung with this.

[Lee540]

worsy said:

When was the court date?

The day after my vehicle was stolen..

This was a bad week for me.

[longblackcoat]

You were told you'd be reported, and it was up to you to disclose the fact to the insurance company.

You just have to suck it up and pay, I'm adraid.

[Lee540]

longblackcoat said:

You were told you'd be reported, and it was up to you to disclose the fact to the insurance company.

You just have to suck it up and pay, I'm adraid.

I was told I "MAY" be reported.. but given no paper and I signed nothing at the roadside, so there is nothing to say I would or wouldn't be reported for the offence and when I purchased new insurance policy.. the question is "Do you have any claims or convictions in the last x years?" The answer was No.

[TooMany2cvs]

Lee540 said:

I was never asked this question of my insurance company

I bet you were.

Lee540 said:

and also I didn't know of them, the Police didn't give me anything at the side of the road..

Not even the little pink slip? (Can't remember the reference for it?)

Lee540 said:

what if he didn't actually report the offence? Because of my speed, it was too fast for the standard fixed penalty notice and points.. it had to go in front of a judge.

The court summons didn't arrive till November and I was stopped for the alleged offence in August, I actually had forgotten about it by then.

<raises eyebrows> Seriously?

You were stopped for a speed high enough that you were told at the roadside it'd be a court date, and you hoped Nice Mr Plod would just shrug and rip it up, so it totally slipped your mind...?

C'mon, if somebody tried that one with you, would YOU believe it?

[worsy]

Lee540 said:

worsy said:

When was the court date?

The day after my vehicle was stolen..

This was a bad week for me.

So when was the summons received?

Edited to say - Normally the summons would appear in plenty of time prior to a court case. Are you suggesting the summons appeared on the day of the court case?

Edited by worsy on Tuesday 19th January 18:11

[Magic919]

If you completed a proposal form, then have a read of the question. If you did it by telephone, they will probably have a recording.

[Lee540]

TooMany2cvs said:

Lee540 said:

I was never asked this question of my insurance company

I bet you were.

Lee540 said:

and also I didn't know of them, the Police didn't give me anything at the side of the road..

Not even the little pink slip? (Can't remember the reference for it?)

Lee540 said:

what if he didn't actually report the offence? Because of my speed, it was too fast for the standard fixed penalty notice and points.. it had to go in front of a judge.

The court summons didn't arrive till November and I was stopped for the alleged offence in August, I actually had forgotten about it by then.

<raises eyebrows> Seriously?

You were stopped for a speed high enough that you were told at the roadside it'd be a court date, and you hoped Nice Mr Plod would just shrug and rip it up, so it totally slipped your mind...?

C'mon, if somebody tried that one with you, would YOU believe it?

If I was I would have answered to the best of my knowledge, trying to get cheaper insurance is not worth it when st like this happens.

I received no paperwork in any form.

Seriously, surreal scenario, I have never been stopped before. The police officer said that he would decide later whether he would forget about it or report it but try and get me on one of those speeding courses, so I heard nothing for months.

[Lee540]

Magic919 said:

If you completed a proposal form, then have a read of the question. If you did it by telephone, they will probably have a recording.

I did on the telephone, if they have a recording then I'll hold my hands up and pay the difference required if I am in the wrong.

[Lee540]

Thank you for all of the replies.

Just to be clear..

If I am in the wrong, then ok.. I will pay the difference.. it is just money.

I have the original paperwork from the courts, the police officer didn't submit the offence to the courts until late September, I received it all in the first week of November.

I remember thinking, how did the Police Officer remember his statement for so long?

[Lee540]

worsy said:

When was the summons received?

First week of November 2015. I kept all paperwork.

[worsy]

Lee540 said:

Thank you for all of the replies.

Just to be clear..

If I am in the wrong, then ok.. I will pay the difference.. it is just money.

I have the original paperwork from the courts, the police officer didn't submit the offence to the courts until late September, I received it all in the first week of November.

I remember thinking, how did the Police Officer remember his statement for so long?

Lee540 said:

worsy said:

When was the summons received?

First week of November 2015. I kept all paperwork.

You should have told the insurance when you received the summons in Nov. TBH you are doing well as they could cancel the policy. I'd pay up and thank them for that.

[Lee540]

worsy said:

You should have told the insurance when you received the summons in Nov. TBH you are doing well as they could cancel the policy. I'd pay up and thank them for that.

Yes, Ok, you are right here, there are approx. 8/9 days between receiving the pending prosecution and theft of the vehicle.

At the time of taking out the policy, I had no knowledge of the pending prosecution but it hadn't been reported at that time.

My policy is continuing, now with the points applied and on a replacement vehicle, I guess they could be eligible for 8/9 days worth of premium on my previous vehicle at the higher rate with the pending prosecution. I can live with this.

Thanks for the responses.

Cheers

[TooMany2cvs]

Lee540 said:

I have never been stopped before.

That makes the "I forgot all about it" even less likely...

Lee540 said:

The police officer said that he would decide later whether he would forget about it or report it but try and get me on one of those speeding courses, so I heard nothing for months.

How fast, what limit?

You said it was too fast for an FPN? If so, then it was WAAAAAAAY too fast for a course.

I can't quickly find AGTLaw's usual table of thresholds, but a quick google finds this...

[Lee540]

TooMany2cvs said:

Lee540 said:

I have never been stopped before.

That makes the "I forgot all about it" even less likely...

Lee540 said:

The police officer said that he would decide later whether he would forget about it or report it but try and get me on one of those speeding courses, so I heard nothing for months.

How fast, what limit?

You said it was too fast for an FPN? If so, then it was WAAAAAAAY too fast for a course.

I can't quickly find AGTLaw's usual table of thresholds, but a quick google finds this...

Thanks for your response.

I personally knew that I would be in trouble.. of course. It was alleged I was travelling at 71mph along an empty 3 lane carriageway in a 40mph zone.

However, never being stopped before and the conversation with the Police Officer put me in two minds, I have no previous experience to know what to believe.

Anyways.. regardless of the speeding, I'm querying the insurance.

[fastbikes76]

TooMany2cvs said:

<raises eyebrows> Seriously?

You were stopped for a speed high enough that you were told at the roadside it'd be a court date, and you hoped Nice Mr Plod would just shrug and rip it up, so it totally slipped your mind...?

C'mon, if somebody tried that one with you, would YOU believe it?

It can and does happen. Friend was pulled at 118 on the M3, got given the ' we cant deal with this speed at the road side and you will be reported for the offence etc etc' 8 months later when he left the country he had still not heard anything. Car was in his name and he had lived at same address for some time.