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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My granddaughters partner cannot get car insurance cover because

Resolved Question:

My granddaughter's partner cannot get car insurance cover because insurers are saying he didn't declare a claim against him about 3-4 years ago, a claim he says he knows nothing about. He admits to a minor knock to a friends car about that time but that was settled without insurance involvement, quite legally.
He then heard about two years later that when my granddaughter wanted him on her policy,the so called "friend" had made an insurance claim which the "friend" is now denying making and ALL insurance companies will NOT give any details to him about when the claim was and for how much. Because of this, insurance companies are denying him any cover when he has tried be to open and above board. We are all now thinking something illegal taken place in this matter.
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

Does your granddaughters partner know who he was insured with at the time of the alleged claim please?

Customer:

Sorry, he can't remember

Joshua :

That's fine. There are two approaches he can potentially take.

Customer:

hopefully positive

Joshua :

From what you say some information he disputes is true has been entered on the insurers central database. The entity that has likely done this would be the insurer he was insured with at the time. Accordingly if he can ascertain which insurer he was insured with at the time he can contact them and require them to disclose what reports they have made to the central database and dispute such inaccurate information recorded.

Joshua :

If he is unable to agree the dispute with the insurer in question he can refer his complaint to the Financial Ombudsman who can order the insurer ro correct any incorrec entry and order compensation if the insurer has been negligent.

Joshua :

If he cannot ascertain by looking at his records who his insurer was at the time he can consider making a subject access request to the central insurers database which they use to check on claims histories. This is called CUE and is basically used by a large number of insurers to check on claims histories of applicants and customers to reduce insurance fraud.

Customer:

Surely, if other companies know this SHARED INFORMATION, can't they be asked to be more helpful and name the "forgotten" company?

Joshua :

He has a statutory right to find out what information is held by them and this will reveal the entry he claims is incorrect and who reported it. He can then contact that insurer and dispute the incorrect information in the above manner.

Joshua :

Unfortunately insurers he is requesting quotes from do not have to tell him anything because until they give him a quote which he accepts he is not a customer and in addition there could be data protection issues in their releasing information they have obtained from CUE. I agree with what you say in principle but in practice it is unlikely they would assist for the above reasons and there is no way he can compel them.

Customer:

How would he start this and is there a cost involved?

Joshua :

However he can obtain the information by right from CUE directly. They have a form he can use if he wishes though he can just make a written request. There is a fee of £10 to obtain the information

Joshua :

http://www.insurancedatabases.co.uk/media/2893/data_subject_access_request_form.pdf

Joshua :

There is no charge to dispute the entry in question he discovers with the responsible insurer and no charge to refer the matter to the Financial Ombudsman if this were ultimately necessary.

Joshua :

Is there anything above I can clarify for you?

Customer:

No, I don't so but I am led to believe he was working away when the claim was made against him. Can this page with our conversation on be saved for future reference ok?

Joshua :

Yes of course. If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. The thread will then save to your account automatically and you can return to it at any time. Alternatively, you should be able to copy and paste the thread into any document of your choosing. Please let me know if you need any assistance with this and I will ask customer services to assist you

Customer:

If I need any more help from you no this matter, would I be charged again?.

Joshua :

No you are welcome to return to the thread at any time and ask follow up questions without further charge. I will be very pleased to assist.

Customer:

Many thanks for your time and help

Joshua :

A pleasure. I hope he is able to quickly resolve the issue

Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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