Change of risk to insurers?

[Boosted LS1]

Nearly 3 years ago I got a minor conviction (failing to furnish) which I told my brokers about. Since then I've renewed my policy several times but now after a minor bump for which I'm not making a claim my insurers are asking why I didn't declare this offence at the time of the last renewal. A third part was involved so will be trying to claim but imo they don't have a leg to stand on as they drove into me. Merge in turn incident at a snails pace etc.

Question is, are my insurers about to get dirty? I've been with them for years and have had fully protected no claims for that period.

I know they accept/record data which I provide to my brokers but this time around it looks like the conviction wasn't recorded or they've lost it!

What could be next? I wrote to them and said I didn't need to disclose the offence again as I'd told them about it before.

[streaky]

They might well state that each declaration is a new declaration. They might additionally state that, under the DPA they require you to reconfirm your personal data (including past offences) at each renewal. If your renewal form states anything like this, they are in the cat-bird seat, you might be in the sh1t - Streaky

[Boosted LS1]

Hmmm, thanks. I'll check the small print and if that's the case I'll advise which insurers they are so others can avoid them or at least give a clue

[vonhosen]

Irrespective of what was said on the phone, you should have had a proposal form sent out that listed claims, conviction etc etc. It would be up to you to check that everything on that is correct, then sign & return it.
I keep a photocopy of mine, just in case they lose theirs

[aw51 121565]

Aye, put it in writing, as the man says . Whether Car Insurance, HMRC, your Broadband or Utility Supplier, etc etc... They all say "Our number is xxxx yyy zzzz, ring us 24/7." then when it goes belly up where's the hard copy?

Me, paranoid? Possibly - but when the chips are down their headed notepaper with the gritty details appears in court as my witness .

[GreenV8S]

vonhosen said:

Irrespective of what was said on the phone, you should have had a proposal form sent out that listed claims, conviction etc etc. It would be up to you to check that everything on that is correct, then sign & return it.

I don't recall having one of those over the past few years, everything's been done over the phone (apart from the renewal notice saying 'ring us to renew', and the certificate/policy document (which doesn't record all the the details discussed when the policy was taken out).

[aw51 121565]

True, I also get an annual reminder that assumes all is the same as 12 months before. "Any changes, ring us." it implores...

Any changes to my cars, I ring at the first opportunity.

Any changes in terms of my driving licence endorsements I've not yet been in a position to notify . How soon will I regret posting this?

[Noger]

Sounds like the Broker didn't pass on the information to the Insurer. Not uncommon. But they have a duty to do so, so would think you are well in the clear.

Seeing as you have already disclosed, it cannot be considered a "deliberate and reckless" non-disclosure. At worse it is inadvertant.

[vonhosen]

GreenV8S said:

vonhosen said:

Irrespective of what was said on the phone, you should have had a proposal form sent out that listed claims, conviction etc etc. It would be up to you to check that everything on that is correct, then sign & return it.

I don't recall having one of those over the past few years, everything's been done over the phone (apart from the renewal notice saying 'ring us to renew', and the certificate/policy document (which doesn't record all the the details discussed when the policy was taken out).

I'm pretty sure the Policy documents sent out for renewal will have a schedule stating that the risk/fee is based on the information on the schedule & if it's incorrect you should inform them or it may invalidate your policy blah de blah de blah. That should show convictions, collisions/claims etc. At least mine does.

Edited by vonhosen on Monday 31st December 09:38

[Red Devil]

Noger said:

Sounds like the Broker didn't pass on the information to the Insurer. Not uncommon. But they have a duty to do so, so would think you are well in the clear.

Seeing as you have already disclosed, it cannot be considered a "deliberate and reckless" non-disclosure. At worse it is inadvertant.

How did the OP inform his broker? In writing or by phone? Writing = good. Phone = bad. Even if the call was recorded they won't have the tape from 3 years ago! So proving it will be difficult.

If it were me I would be asking some serious questions of my broker and seriously thinking of kicking them into touch if they have failed to act on my instructions.

That said, it is the responsibility of the policyholder to notify changes to his/her insurance company. If a third party (broker) doesn't pass on information you are up sh1t creek without a paddle. It's the same as with your tax return. If your accountant stuffs up HMR&C aren't interested. It's YOU they come after with the penalties. Leaving you with the fun job of trying to claim against your professional advisor for negligence.

Trusting a third party to discharge responsbilities which are ultimately yours alone can be can result in unwanted grief. Anything regarding a contract should ALWAYS be done in writng. If you do not get written confirmation in response, follow it up.

Time and hassle - yes. Well worth it when it all goes South though.

[Noger]

Red Devil said:

If a third party (broker) doesn't pass on information you are up sh1t creek without a paddle.

The ICOBs concerning exercising reasonable skill and care would apply.

And, this time concerning post contract obligations, the Court of Appeal judges in HIH Casualty & General Insurance Ltd v JLT Risk Solutions Ltd would bed to differ with you. They have a duty beyond that of a mere postbox.

Whilst I tend to agree with the sentiments of making sure you get things in writing, the idea that a Broker owes a Customer no duty of care to pass on information, or advise on cover, is absurd.

[Boosted LS1]

So, does the broker act for me or does he act for the insurance companies? Maybe they just act for themselves but it's hard for them to sit on the fence if there's a dispute?

[Hooli]

Boosted LS1 said:

So, does the broker act for me or does he act for the insurance companies? Maybe they just act for themselves but it's hard for them to sit on the fence if there's a dispute?

they normally claim to be acting for the insurer not you. untill you say so your providing a service to me, your providing it to the insurer? they say yes. you answer with oh good i wont pay your charges then as im not getting a service. then they get all confused. just like letting agents.

[Pork_n_Beem]

I have found that you do not always get the endorsement schedule detailing all the additional info you have given them like convictions etc.

Brokers, i have found, take some liberties with the "fine print"

Recently i cancelled a policy taken out with a broker because when i received the written questions, they did not match the verbal ones i hda already given, in fact the written questions necessitated that i disclose every modification and every conviction i had ever had.
Along with a mileage check of the odometer.
I was insuring a rally car and quite frankly the risk of me missing a mod and not being able to recall every conviction i have had (really) posed too greater risk of them being able to wriggle out of paying.

I have a much simpler one now. I don't have to list the mods and as long as i have less than 6 current points i am not loaded.

Sadly it really is buyer beware with insurance co's

C