Vauxhall Corsa - Insurance backdated pay - HELP!!! - Ben Mottershead

Hi all!

Please help!

Sooooo basically I ran a red light about a year ago. Didn't get penalty points as did the course.

Didn't tell insurance company at the time. I genuinely didnt think I had to and feel stupid about it now.

But now having told the insurance company on an unrelated call (enquiring to put someone else on insurance for 4 days so we could share driving for a festival) they know tell me that they need an extra £2000 for backdated premium increases! I currently pay about 1000 a year as quite a new driver (2 ish years) which takes this year to over 3000 for a 1.2 corsa!

Basically am I in the wrong? Is there anything I can do? I so cant afford 2000 extra right now out of nowhere for

Should I cancel this policy and go with someone else where would I stand legally? Should I just pay it and move on as could it affect future insurance?

Is there anything I can do to take this amount down some?! I have 4 months left on this years policy and pay montly.

Any help massively appreciated!

Thanks, Ben

Vauxhall Corsa - Insurance backdated pay - HELP!!! - RobJP

Inform them that you wish to appeal their decision as per the Insurance Act (2015) under the basis of 'fair presentation'. Make sure you quote it like that.

It shows you know the laws that apply. Also inform them that if their decision remains the same, then you will wish to take the matter to the ombudsman.

Basically, what the law says is that you have a duty to inform them of a 'material circumstance' that applies. You state that as you were not convicted of any offence, you made full and 'fair presentation' of the facts.

Of course, this only applies if you were not specifically asked about 'speed or other awareness courses' in the questions before taking out the renewal. If you were specifically asked, then you must divulge the truth.

However, if you did the renewal online, and such a question was not clearly brought to your attention, then you cannot be reasonably expected to have seen it in the small print - the Insurance Act makes it clear that such information must be 'signposted'.

Finally, even if you are in breach of 'fair presentation' then the insurer doesn't have the right to do what they want to do in your case.

If the breach is 'deliberate or reckless', then they are entitled to void the policy and keep the all premiums paid.

If the breach is NOT 'deliberate or reckless', then they can

1. Void the policy, but return all premiums paid if they can show that they would not have entered into the policy at all.

2. If they would have entered into the policy, but on different terms, the policy will be treated as if it included those terms (this is not going to apply in your case)

3. If they would have entered into the policy but would have charged a higher premium, the insurer may reduce proportionately the amount to be paid on any claim to reflect that premium adjustment (so if the premium would be 3 times as big, then your cover is cut to one-third of what it was).

Basically, they're trying it on. Throw the law at them, and they'll realise they can't get away with it.

Vauxhall Corsa - Insurance backdated pay - HELP!!! - scot22

Just had to say what an excellent reply. It is factual and clear. Forum posting at its finest.

Vauxhall Corsa - Insurance backdated pay - HELP!!! - nortones2

The Insurance Act 2015 is relevant to non-consumer contracts, as is the phrase "fair presentation".

Assuming the OP is a consumer (in the absence of information to the contrary) then the relevant legislation is contained in "Consumer Insurance Act 2012" which came into force on 6th April 2013.

Insurer has to ask specific questions to obtain relevant information about circumstances when you buy insurance.

More information here: www.abi.org.uk/globalassets/sitecore/files/documen...f

You may need to do more research as this may not be up to date! IANAL.

 

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