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Insurance gaff

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  • Insurance gaff

    Hi everyone I'm new here so be gentle
    Today I was stopped by the police was told I had no insurance on my van, which I was unaware of, apparently it was cancelled by me over the phone, so they have sized my vehicle, after going home and checking it turns out they have cancelled the wrong insurance ( I had a campervan with them which I sold ) this happened in March and I was unaware of this error am I still responsible for the no insurance
    kind regards
    Sparkie
    Tags: None

  • #2
    Hi Sparkielev

    So the 'campervan' Insurance is still valid? (although the campervan has been sold). You'll still be responsible as such, it's a strict liability thing, driving without insurance. Best thing to do is to get copies of both policies from the insurance company (you might have to send a Subject Access Request to the insurance company, but it's free), take them down to the police station with a covering letter, see if that helps because it was a genuine error you / insurance company. I'm sure the guys will provide more advice.
    Last edited by echat11; 20th June 2021, 09:58:AM.

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    • #3
      Yeah thanks for replying I will do what you have advised, I'm worried about the 6 points I may get on my licence, I'm going to ring the insurance company on Monday am hoping they will take responsibility but I doubt they will

      Comment


      • #4
        As you sold the campervan you did not have any insurable interest in it from the date of sale. In the result, you are not covered by that insurance for the vehicle which you were driving at the time you were stopped by the police - sorry for that bad news.

        In the circumstances, as this is a technical point of insurance law, you might consider going to court and pleading mitigation in not being aware of that technical point.

        However, if you can demonstrate that your insurer made an administrative error in cancelling the insurance on your present vehicle when it should have cancelled the insurance on your sold vehicle, the result is that you remain insured and the MIB information, relied on by the police, and the subsequent telephone call to the insurer - no insurance on your present vehicle is simply wrong and your current policy of insurance remains in force. I would not be accepting any compromise i.e accepting a fixed penalty ticket.

        I assume that your vehicle was impounded.
        Last edited by efpom; 20th June 2021, 03:45:AM. Reason: Did not understand all of the 'facts'.

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        • #5
          Send the SAR -https://legalbeagles.info/library/guides_and_letters/court/subject-access-request/ , they say calls are recorded, so you can see what went wrong. Just ask for the information for both policies, don't be explicit as to why you want the information, say 'you want it for your records'.

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          • #6
            When you contact your insurers make sure you speak to someone in authority such as an underwriter and not the first person who answers the phone.
            Get their name and position in the firm. and confirm everything in writing (email OK)

            When you have explained the position, confirm there have been no losses or circumstances leading to a loss and ask them to supply a letter of indemnity.
            Tis letter will confirm to the authorities that if there had been an incident the insurers would have covered any liability and it should get you off the hook

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            • #7
              As above no insurance is an absolute offence. We often have people in court who thought they were insured and due to bank errors or their ex partners ceasing to pay the premium without their knowledge etc they are still guilty as charged. As Efpom suggests get the recordings and proof that the mistake was the insurers and that you were still insured and then you can try approaching the police but it will most likely end up in court. I have to say that I would get the information and then go to see a solicitor and get them to represent you if you have a hearing unless you are confident in arguing technical legal points such as those mentioned by Des8 above.

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              • #8
                Just to add, if the insurance company is at fault, you should seek compensation from them. If they do not compensate you, get a final response from them, Lodge a complaint with the Financial Ombudsman Service.

                Comment


                • #9
                  Thanks for all replies they are most helpful, I will ring insurers tomorrow and try and keep my cool, my van was impounded and am picking it up tomorrow I paid for another insurance, and I will seek the services of a solicitor, I know technically it is my fault for not double checking but the insurers have to take some responsibility

                  Comment


                  • #10
                    This will have a huge impact on my business, because insurers don't post paper documents no more, I just downloaded the policy without reading it

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                    • #11
                      In this situation, of course, the big responsibility lies with the insurance company. The main thing is to put everything in the right light for the police and be more careful in the future. I myself had a similar situation.

                      Comment


                      • #12
                        Originally posted by mellisa_ww View Post
                        In this situation, of course, the big responsibility lies with the insurance company. The main thing is to put everything in the right light for the police and be more careful in the future. I myself had a similar situation.
                        In this situation, of course, the big responsibility lies with the insurance company. The main thing is to put everything in the right light for the police and be more careful in the future. I myself had a similar situation. The insurance company inattentively checked my forms and made a mistake in the document. How much trouble there was with the correction later. Now I use only one site https://pdfliner.com/acord_25_certificate_of_liability_insurance . There you can quickly edit the necessary forms in a digital version. This makes it very easy to work with documents, plus you do not need to rely on others. Therefore, I wish you good luck with your case!
                        Last edited by mellisa_ww; 22nd July 2021, 11:45:AM.

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