Mercedes-Benz C200 - K&N air filter voided my car insurance

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Fri 3 Sep 2021 20:34
Mercedes-Benz C200 - K&N air filter voided my car insurance - Nathan Gough

I wrote my car off back in July this year and when the insurance companies engineers have inspected the car it has turned out one of the previous owners fitted a "performance" K&N air filter.

So when I came to insure the car I didn't declare the modification because I had no knowledge of it and I'm not a mechanic or engineer and I wouldn't exactly check an air filter before insuring a car, also the dealership who sold me the car didn't advise me of any modifications.

So today I got the phone call to say they have voided my insurance on the grounds of not declaring the modification, so I need some advice on how to get my money back off these scamming crooks! (deleted... avoid at all cost!)

Its took 10 weeks to get to this conclusion, within this time I have lost my job due to not being able to get to work and developed minor mental problems and caused me a lot of stress which obviously the insurance company didn't give a toss about!

I would appreciate if anyone could give me any advice with this monstrosity of an issue.

Thanks!

[Name of insurance company deleted in accordance with No Naming & Shaming policy]

Edited by Xileno on 03/09/2021 at 21:19

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Fri 3 Sep 2021 23:12
Mercedes-Benz C200 - K&N air filter voided my car insurance - sammy1

It does seem rather a minor infringement and a modification easily missed by as you say someone not clued up on cars. Whether the K&N actually delivers any increase in performance is open to debate. On some cars it can have a negative effect on the cars so called performance as opposed to the original air filter fitted,

The time taken to resolve your claim is ridiculous and it appears that if you have no appeal left with your insurance company then you need to go to the Ombudsman, the details of which should be provided by your insurer. It would be advisable to get the facts in writing from the insurer.

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Sat 4 Sep 2021 10:46
Mercedes-Benz C200 - K&N air filter voided my car insurance - Bromptonaut

As above, complaints process and then the Ombudsman.

www.financial-ombudsman.org.uk/

Focus on the facts ONLY ie you'd no knowledge of the modification; it was not evident as, for example, body kits might be. It's just an airfilter to stop dust and wasps getting into the inlet manifold; it's real effect on performance is nugatory.

Do Not accuse the insurance co of bad faith, it's not going to advance your case and is likely to be counterproductive.

I've lost count of the number of Social Security appeals I've heard of that went down the plughole because the claimant asserted bad faith and conspiracy in the DWP rather than a laser like focus on how their health condition affected them.

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Sat 4 Sep 2021 12:00
Mercedes-Benz C200 - K&N air filter voided my car insurance - daveyjp

Ombudsman have ruled on this issue.

In general if you were unaware and the mod wasn't highlighted during any sale their approach is likely to be unreasonable.

https://www.financial-ombudsman.org.uk/files/2925/90.pdf

Respond to them highlighting precedent.

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Sun 19 Sep 2021 10:07
Mercedes-Benz C200 - K&N air filter voided my car insurance - Nathan Gough

Thats a great document to help me with this issue, thank you!

I was generally unaware of the mod, I have the sales invoice that clearly states there are no 'accessories' and doesn't mention and modifications.

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Sun 19 Sep 2021 10:21
Mercedes-Benz C200 - K&N air filter voided my car insurance - Nathan Gough

Yeah, and it still hasn't been resolved 12 weeks since my claim. I have made an official complaint with the insurance but they said this will take up to 8 weeks. I'm I right to say that you need to complain through the insurance company before going to the ombudsman?

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Sat 4 Sep 2021 19:04
Mercedes-Benz C200 - K&N air filter voided my car insurance - Grenache

There's also the question of whether the undeclared modifcation was material to the accident. If it increased the car's performance and you over-accelerated and crashed it, then the insurance company might have a point.

If on the other hand it was immaterial, e.g. you left the handbrake off and the car rolled down a hill, then the undeclared mofification should have no bearing on the case.

These are two extremes, but might help you word your complaint.

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Sun 19 Sep 2021 10:15
Mercedes-Benz C200 - K&N air filter voided my car insurance - Nathan Gough

I had to swerve for a car coming around a tight bend on a narrow road. I wasn't driving at speed, nor did I over accelerate. Also K&N filters dont really have that much impact on performance as far as I know, the whole point of K&N air filters are that you don't have to change them.

The insurance company claim they don't insure modified cars which is fine, but I had no knowledge of the modification so I didn't declare it, hence why I went with that insurance company.

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Mon 6 Sep 2021 07:53
Mercedes-Benz C200 - K&N air filter voided my car insurance - SLO76
It’s wholly unreasonable for them not to accept your explanation here. Few people would spot an upgraded air filter, I wouldn’t myself unless I went to change it. Write a polite but firm email of complaint to the relevant department at the insurance firm explaining your stance and that the ombudsman will be introduced if they don’t act. They know full well they’d lose this case.
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Tue 7 Sep 2021 12:42
Mercedes-Benz C200 - K&N air filter voided my car insurance - Gibbo_Wirral

Are we talking about a hidden K&N panel filter inside the original airbox housing or an absolutely terrible looking bright cone type?

Edited by Gibbo_Wirral on 07/09/2021 at 12:43

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Sun 19 Sep 2021 10:02
Mercedes-Benz C200 - K&N air filter voided my car insurance - Nathan Gough

Just a panel air filter inside the airbox housing, as far as I'm aware K&N don't make the cone air filters. So the only reason I would have found said air filter is to take the engine cover off, take off the air filter housing and look... who does that before insuring a car!?

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Tue 7 Sep 2021 18:33
Mercedes-Benz C200 - K&N air filter voided my car insurance - Andrew-T

This sounds to me like a most unreasonable attempt to wriggle out of a clear obligation, by exploiting some small print in the T&C's.

I agree that if your insurers have dug their heels in, the ombudsman is the way forward. Even the threat of that magic word may have the desired effect. Our house insurers capitulated after several months of resistance, agreeing to contribute to the cost of rebuilding a party wall which collapsed when leant on by an adjacent tree in a January gale.

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Sun 21 Nov 2021 13:05
Mercedes-Benz C-Class - K&N air filter voided my car insurance (UPDATE) - Nathan Gough

I posted a few month ago about this issue. My insurance has now officially been voided due to not declaring a modification. A modification I wasn't aware of... a K&N box air filter, not one of them cone induction kits, just a airbox.

They provided me with the inspection report and it does have a K&N air filter fitted. Then they sent me a picture with a K&N sticker on the actual engine cover so they are saying I should have noticed, but hand on heart that sticker was never there when I have been under the bonnet I would have defiantly noticed it... I know this may be accusing on the insurers of bad faith but I honestly did not see any sticker!

Also the sticker states a K&N filter is fitted and is reusable and washable but DOES NOT void manufacturers warranty, but yet in voids my insurance. This does not make sense to me!

The case is now with the ombudsman. I am praying they can over turn the voided insurance

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Sun 21 Nov 2021 16:14
Mercedes-Benz C-Class - K&N air filter voided my car insurance (UPDATE) - Xileno

I've added the useful update to the end of the original thread, so people have the whole history of this issue in one place.

Mod

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Fri 9 Sep 2022 15:48
Mercedes-Benz C-Class - K&N air filter voided my car insurance (UPDATE) - Redcar01

What was the outcome please.

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