Insurance question for BIB
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Discussion

gasman

Original Poster:

24 posts

274 months

Wednesday 8th June 2005
quotequote all
Am in the middle of an argument on another forum about insurance.
Does anyone know of an example of someone's insurance having been invalidated on the grounds of an undeclared modification as trivial as a sports air filter?
If so do the BIB ever report for driving without insurance people who are found to have undeclared mods or does it only ever come to light when insurance campany's engineers discover them post accident.

Some real examples would help my argument.
Thanks.

gh0st

4,693 posts

288 months

Wednesday 8th June 2005
quotequote all
Depends on the company. You will need to check their specific terms and what they class as a modification.

In some cases having a stereo changed is classed as a modification!

gasman

Original Poster:

24 posts

274 months

Wednesday 8th June 2005
quotequote all
Sure, but does anyone know of any examples of people actually having problems because of undeclared (minor) mods?

Muncher

12,235 posts

279 months

Wednesday 8th June 2005
quotequote all
gasman said:
Sure, but does anyone know of any examples of people actually having problems because of undeclared (minor) mods?


No. In any case the insurers are obliged to continue third party cover so you are insurered in any case until they confirm in writing that your policy has been terminated. Hope that clears it up.

gasman

Original Poster:

24 posts

274 months

Thursday 9th June 2005
quotequote all
Really?
So, if after an accident the insurance company's engineers find that your car is not as described on the proposal form, they still pay the third party claims?

minimax

11,985 posts

286 months

Thursday 9th June 2005
quotequote all
anonymous said:
[redacted]


so if it was speed related and the air filter increased power by 1bhp....

gasman

Original Poster:

24 posts

274 months

Thursday 9th June 2005
quotequote all
Wouldn't knowingly failing to declare a modification come under "unless fraud is involved"?
If not why should one bother to declare minor modifications?

trax

1,601 posts

262 months

Thursday 9th June 2005
quotequote all
From when I worked in claims with Direct Line and their group of companies, there were several claims that were knocked back, and policies cancelled due to non declared mods, and or points on licence. With minor mods there would sometimes just be the aditional premiums to pay, as with a few points. Before I left they were getting alot harder with this, asking you to say why you didnt declare them etc, and of course recording your answer.

The third party claim would be dealt with though, as per the RTA, as it has to, until you send the certificate back, or from 14 days (I think) from them asking you to.

Now if the said air filter was removed before the engineer inspected the car, then all would be well.

gasman

Original Poster:

24 posts

274 months

Thursday 9th June 2005
quotequote all
This is the point that was made on the other forum which prompted the whole argument.
If you don't declare an air filter, have an accident, and are unable to remove the air filter before the engineer inspects, how are the insurance company going to react?

Dwight VanDriver

6,583 posts

274 months

Friday 10th June 2005
quotequote all
If the mod with the air filter has not been declared and the policy states that such mods should be, then as I see it, because the Insurance Company has not declared the policy invalid then they have to foot a pay out on third party risks (Goodbarne v Buck [1940]) and others.

No criminal offence committed by the driver.

But, because the mod has not been notified, a requirement within the policy, then that opens the door
for the Ins Co to take a civil claim for recovery of monies paid out against the owner at a County Court.

Presumably BiB will not really be interested in undeclared mods Section 143 (no insurance) for the above reason unless and until he gets a Yabbaddabbaadooo on his ANPR after the Ins Company has written to the owner/driver to invalidate the Insurance.

DVD

gasman

Original Poster:

24 posts

274 months

Friday 10th June 2005
quotequote all
Thanks all. I think that's clear.