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Max Lowry
Max Lowry, Advocate
Category: Law
Satisfied Customers: 1457
Experience:  LLB, 10 years post qualification experience
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My fathers car was smashed up outside my place of work on

Customer Question

My fathers' car was smashed up outside my place of work on a day when I had borrowed it.
My father is the main insurance driver and I am a named driver. My father is also a named driver on his wifes' car insurance policy.
There was no one in the car when it was hit and the person who hit it put a note accepting full responsiblity.
However at first I did not realise this, and it was reported as a hit and run.
I contacted my fathers insurance and advised them of the situation. They had the car collected and the garage stated it was a write off. ( It was an old car). I sent the name, contact telephone number, company he was working for at the time of collision (he is a delivery driver), and the number of the company they had hired the van off.
After numerous calls and emails to our insurance people - one stating that the incident should be logged as a no fault claim, they eventually paid out.(10.5weeks later!!)
Two days after they paid out, my mother received a letter from her insurance company advising they had been informed my father had been involved in an incident that ended in a claim, and her insurance was going up in cost and her no claims could no longer be insured.
None of us had thought of advising her insurance company at any time, and obviously have no issue with them knowing, as none of us were in the wrong where the incident was concerned.
Can they removed her no claims insurance and just put her insurance up in the way they have ?
Submitted: 3 years ago.
Category: Law
Expert:  Max Lowry replied 3 years ago.

Max Lowry :

Hi, welcome to Just Answer. I will help you with your question.

Max Lowry :

Yes, they are likely to be able to demand an increased premium, as there was a claim that was no reported to them. That said, I take your point that it was a no fault claim, in which case, why should it matter .... This is a difficult one, but you would have thought the risk to the insurer does not increase due to this, as she would not be more risky simply because somebody hit her.

Max Lowry :

But, their policy documents will allow them to do this, and to remove the no claims in the circumstances I'm pretty sure - they usually do. Obviously, though, it depends on the specific policy here.

Max Lowry :

What I'd recommend is a formal complain to the insurer raising the issues that you set out in your question.

Max Lowry :

If that doesn't get the premium reduced, then I'd suggest a formal complaint to the financial ombudsman service, and allow him to rule on the basis of what is fair and reasonable, which he will do.

JACUSTOMER-0k4446st- :

Okay - that sounds good

JACUSTOMER-0k4446st- :

Thank you very much for your advise Max

Max Lowry :

The ombudsman website, is: www.financial-ombudsman.org.uk/

Max Lowry :

You're welcome ...

Max Lowry :

one more thing ...

Max Lowry :

The ombudsman will always bind the insurer, so if he rules against them, there is nothing they can do - so always worth a go in my view. They never bind the consumer, so if it goes wrong, you can look to the Courts etc .

Max Lowry :

So, use the ombudsman and see where you get to.

Max Lowry :

I think you have a valid point as there risk shouldn't increase, and the only reason they're allowed often to avoid the insurance (and/or increase the premium) is where they would have known the true facts, the risk would have been different and they would have offered a higher premium or not insured at all.

Max Lowry :

Hope this helps?

Max Lowry :

Please remember to rate the answer for me.

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