should i tell the insurance company
should i tell the insurance company
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Discussion

cuprasparkuk

Original Poster:

14 posts

204 months

Tuesday 22nd June 2010
quotequote all
Hi all smile
To cut a long story short i had an accident at work 2 years ago my foot and leg were crushed by a forklift truck frown
I am claiming incapacity benefit, my foot does not move properly as it will not bend to 90 degrees ie flat, its bends about 80 degrees.
I get pain when standing for long periods and i walk with a limp.
I have just got a blue badge, know here's my question should i have to tell the insurance company the only thing is i have no problem driving and no problem pressing the clutch(it's my left leg by the way)
Will this put my premium up and i also notice that when i try to get an online car insurance quote there is no mention about disabled(blue badge) etc.
I hope some one can give me some advise thanks Marksmile

PeteG

4,278 posts

241 months

Tuesday 22nd June 2010
quotequote all
Tell them everything. And make the DVLA aware too. Purely as arse-covering.

Zod

35,295 posts

288 months

Tuesday 22nd June 2010
quotequote all
insurance is a contract of utmost good faith. That means that if you fail to tell them anything material that could be relevant to assessing their risk, your insurance is voidable.

homerjay

1,249 posts

255 months

Tuesday 22nd June 2010
quotequote all
Zod said:
insurance is a contract of utmost good faith. That means that if you fail to tell them anything material that could be relevant to assessing their risk, your insurance is voidable.
ie dodgy foot came off clutch in standing traffic and you crushed a pedestrian between your car and the one in front?

PeteG

4,278 posts

241 months

Tuesday 22nd June 2010
quotequote all
homerjay said:
Zod said:
insurance is a contract of utmost good faith. That means that if you fail to tell them anything material that could be relevant to assessing their risk, your insurance is voidable.
ie dodgy foot came off clutch in standing traffic and you crushed a pedestrian between your car and the one in front?
Or, moreso, involved in a damage-only collision, insurance assessor notices gammy foot, no payout, OP out of pocket.

ZOLLAR

19,920 posts

203 months

Wednesday 23rd June 2010
quotequote all
PeteG said:
Tell them everything. And make the DVLA aware too. Purely as arse-covering.
yes it's worth noting that not all car insurance companies rate on medical disabilities, company i work for don't all we need is confirmation your doctor is happy for you to drive and the dvla are aware,then you are covered even if the injured foot is responsible for the accident

Hitch78

6,119 posts

224 months

Wednesday 23rd June 2010
quotequote all
The answer to that question is almost always yes. Better to be upfront in your dealings as whilst you might think you're getting away with it through with lower premiums that counts for nothing if they won't pay up due to your non-declaration.

If your Doctor has not stopped you driving then I doubt you'll have any problems.

MacG

318 posts

295 months

Wednesday 23rd June 2010
quotequote all
A hypothetical question...

Just suppose you fail to tell your insurer something that could be relevant to an insurance policy (for example the OP's non-perpendicular foot) and you merrily drive around for 10 years without an issue until one day you have a big smash and try to make a claim.

If the insurer insists that the policy is voidable because you failed to mention a relevant matter, would you be entitled to your premiums back for the previous 10 years? i.e. if the contract is voidable, it was always voidable, not just because you have an accident.

ZOLLAR

19,920 posts

203 months

Wednesday 23rd June 2010
quotequote all
MacG said:
A hypothetical question...

Just suppose you fail to tell your insurer something that could be relevant to an insurance policy (for example the OP's non-perpendicular foot) and you merrily drive around for 10 years without an issue until one day you have a big smash and try to make a claim.

If the insurer insists that the policy is voidable because you failed to mention a relevant matter, would you be entitled to your premiums back for the previous 10 years? i.e. if the contract is voidable, it was always voidable, not just because you have an accident.
Generally there is a clause that says all premiums would be kept in the event of non disclosure (can vary per insurer though), any way that would be the least of your problems due to the fact that the insurer would likely take you to court to re claim the money its paid out for any third party costs.

Deva Link

26,934 posts

275 months

Wednesday 23rd June 2010
quotequote all
MacG said:
..would you be entitled to your premiums back for the previous 10 years?
Not sure about that. Very difficult for the ins co to avoid paying out to 3rd parties anyway.

What there have been examples of, is the insurance company insisting you pay the extra premium.

MacG

318 posts

295 months

Wednesday 23rd June 2010
quotequote all
Deva Link said:
MacG said:
..would you be entitled to your premiums back for the previous 10 years?
Not sure about that. Very difficult for the ins co to avoid paying out to 3rd parties anyway.

What there have been examples of, is the insurance company insisting you pay the extra premium.
Yes, I can see how it is complicated if the insurer still has to pay out to 3rd parties. But if they didn't and there was no specific clause then I guess it could be an interesting debate.

And payment of the additional premiums seems like a sensible approach, though I imagine not often applied otherwise everyone would take their chances if this was the worst outcome for them.

cuprasparkuk

Original Poster:

14 posts

204 months

Wednesday 23rd June 2010
quotequote all
Thanks for your help smile i will phone my insurance company and tell them, the one thing that gets me is the number of people who have the blue badge and who walk fine, there must be about 90% of these people that have not told there insurance company so this topic really does effect alot off people who could get caught out in the event off an accident.
Cheerssmile