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Insurance Pay Out

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  • Insurance Pay Out

    Hi Legal Beagles,

    I'm hoping someone here might be able to help me.

    A friend of mine was given a vehicle several years ago by her now ex partners father. Since she has been in possession of the vehicle she has been registered on the V5C as the registered keeper, in addition she has paid for all running costs, including insurance premiums for the vehicle for the entire time it as been in her possession.

    She split with her partner, and subsequently was involved in an accident with the vehicle, which was subsequently written off by the insurance company.

    Without her knowledge, her ex has contacted the insurance company, who have clearly breached GDPR here and has given them his bank details to have the pay out paid into his own bank account, which they have done, and now he is refusing to transfer the monies over to her, stating that they are due to his father as he was the one who purchased the vehicle.

    My question is surely the individual who has been paying the policy is due the pay out, rather than the individual who purchased the vehicle? And in any case, the insurance company are liable as they have breached GDPR and paid this money out to a third party not named on the policy?
    Tags: None

  • #2
    I think that is correct, it's person who is named on the policy who is covered and has made the claim.

    A written complaint should be made to the insurance company (follow their complaints procedure), if your not happy with their final response response, lodge a Formal Complaint with the FOS.

    https://www.financial-ombudsman.org.uk/

    You could also lodge a complaint with the ICO for the data breaches, but again you need to put that to the insurance company first and get a final response.

    https://ico.org.uk/

    des8 MIKE770 Any thoughts / advise, many thanks.

    Comment


    • #3
      If only it was that simple!

      The vehicle was gifted to your friend, but was the insurance proposal form originally completed correctly?
      As she was living with her ex at the time, was he in fact named as the main policyholder on the proposal form?
      If so, the insurers have acted correctly.

      Comment

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