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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69269
Experience:  Over 5 years in practice
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My daughters car was

Customer Question

My daughter's car was in a bad accident on February 7th 2914 I insured it for one year from October 2013 for approximately one year with Tesco Box Insurance , cost approx. £2,300. At the end of February I was informed it was written off I rang up the company and they said I could not suspend the insurance beyond the 12 month insurance date but could send a refund with admin fee of £85 and she would lose any no claim bonus . My daughter has not found any replacement car as yet and we are paying about £200 a month with "No car " If I cancel the insurance which I do not want to do am I liable to pay from the date of the accident 7.2.14 or from 1.3.14 the date the car was written off or can the insurance be extended beyond the year date Please could you let me know urgently . Thank you - my phone XXX XXXXXXX XXXX

Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

The insurance company is refusing to extend the policy beyond October 2014 unless you have a car?

If you don't have a car, why would you want to extend the policy?
Customer: replied 2 years ago.

I think you misunderstood the problem It is not straightforward . When I paid for the policy for one year period I had no idea that the car was to be written off . I do not really want to lose any no claims bonus and Bonus points built up on the Box . We are paying out insurance at £200 for a car that does not exist . If I cancel the insurance because my daughter is taking a long time to choose a replacement cat what rebate would I be entitled to - Tesco Box say I would only be entitled to the unexpired proportion from t o day's date - insurance is on line . Should I be entitled to a rebate from the date of the accident or from the date it was written off . it seems unfair to pay for a car from the date it was written off . The other party admitted guilt and paid for a replacement car . Thank you for your help


Customer: replied 2 years ago.

We definitely want a replacement car I have only a home computer being 74 and have to go out in a few minutes . Could you let me know ASAP It seems unfair to pay for car insurance when it was not driveable from the date of the accident . Do you agree ?

Thank you


Expert:  Jo C. replied 2 years ago.

I am sorry but I can only give you bad news.

You are not entitled to a rebate based upon the date of the accident all the date it was written off.

The situation is that you agreed to take insurance for 12 months.

For that, you pay 12 months premium upfront.

However because premiums are now quite high, many insurance companies will let you pay that monthly over a 12 month period

The fact that the car is written off partway through that term is immaterial as you are still required to pay for 12 months.

For example, if the car was written off on the second day of the insurance when you had only paid the first one 12th of the premium you would not be entitled to get back 353/365ths.

So having established that you are responsible for paying 12 months premiums, if you cancel early, you will get a rebate however rebates tend to be nominal at best and nothing even related to pro rata.

It wouldn't matter whether you cancelled quite early on into the policy or quite late on in the policy the rebate is never great.

If there has been a claim gone through the policy, the bonus is lost unless it is a protected bonus.

The fact that policy has been cancelled by you (not by the insurance company) does not affect no claim bonus although it will be disallowed if the policy did not run for the full 12 months.

If the accident was not your daughter's fault she still stands to lose no claim bonus because she has a no claim bonus not a no-fault bonus and if she puts a claim through her own insurance for an accident that was someone's fault, she stands to lose her own bonus.

The only way of guaranteeing that she does not lose the bonus is to advise her own insurance company for information only and to sue the other driver herself.

If she was injured, the solicitor dealing with the personal injury would normally deal with all the car issues and reinstatement of bonus and recovery of policy excess as part of the overall injury claim even though he actually will not get paid for dealing with the car issues.

Can I clarify anything about the above for you?

Jo C., Barrister
Category: Law
Satisfied Customers: 69269
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you for your help . I have cancelled the Insurance with Tesco Box . They will refund about £1200 which is about half a year's premium but they will only do so when the other party agree legally ie it is a no fault claim . I Think this is very reasonable I have probably spent over 40hours on this accident . Insurance is a complicated subject

Best wishes Nigel XXXXX . MA ( Cantab ) ; FCA


Expert:  Jo C. replied 2 years ago.
No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile
Customer: replied 2 years ago.

Jo I have looked at your reply and thanked you please look at my response on 3 April at 1620hrs Please confirm you have received this - I am 74 and don't trust completely on line communication and technological wis kids . We are all so clever and yet a plane has disappeared from our skies ie MH 370 - I have been in Devon the last 2 days so apologise for the delay


Expert:  Jo C. replied 2 years ago.
I have had it.

What did you want to know about this?
Customer: replied 2 years ago.

I have replied to you E mail 15 minutes ago but it does not appear in my outbox. I am 74 but this on line technologically defeats me . Thank you for you help - I have sais satisfaction good but this has probably disappeared in the system !

Expert:  Jo C. replied 2 years ago.
No problem.

All the best
Customer: replied 2 years ago.

Ps I have bought a VW car for Natasha today but will the premium I pay be penalised from the previous accident on 7.2.14 as it is not legally agreed yet as a fault claim although the insurance company say it is the other party's fault but the claim has not been fully settled ie expenses and possible injury , The claim for the car completely written off £1,700 was paid out in full to us with no excess deduction

Expert:  Jo C. replied 2 years ago.
If the claim was paid in full by your insurance company, it could well affect the for the new car at renewal time.

However if the claim was paid in full by your insurance company and they recovered everything from the driver at fault, it may make no difference.

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