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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi, I wonder if you can help. We have had a car accident,

Resolved Question:

Hi,
I wonder if you can help. We have had a car accident, our fault no other party involved.
We took insurance by completing a form on comparethemarket.com, we may have omitted to included 'commuting' as well as SDP cover on the online form. We phoned the quote we wanted the next day with Kwik Fit insurance. I completed the online form my wife made the call the next day. When going through the details they asked if the form was correct and I believe my wife said yes.
They went in to details about the driving convictions, accident history etc but not about the tick boxes from the online form. Had they have asked 'do you use the car to travel to and from work' she would have said yes. My thought is they should have asked this for the following reasons:-
- They knew the form was completed by someone else online
- Not having driving to and from the main place of work covered on a fully comprehensive policy for social, domestic and pleasure is unusual therefore they should clarify this point at the point of sale, especially as they clarify other points - why some and not others
My wife had the accident on the way to work and they are stating we are not insured.
My thought is they have not followed a due process, the underwriters SABRE insurance stated that they would have expected this to have been clarified. They also stated that Kwik are one of the only companies they work with who insist on following their own sales rules and not that of SABRE.
Any help you can offer would be appreciated.
Paul Holden
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Has the insurance company refused to pay out please?

Alex Watts :

Did you buy the policy online?

Customer:

Hi Alex,

Customer:

The Policy was purchased on the phone the next day as mentioned. They have refused to pay out yes.

Alex Watts :

And refused to pay because you didnt include commuting?

Customer: That is correct yes.
Alex Watts :

Did you get a copy of the policy through the post or email?

Customer: my main issue is they clarified other parts on the phone, why not that. Especially as it is unusual policy restriction. I have had insurance for 20 years and always SDP policy covers journey to and from work.
Customer: they stated they sent to an email address but there is no record in our mail box of ever receiving it. I appreciate we should have checked
Alex Watts :

Do you never had a copy of the policy?

Alex Watts :

How long after you brought the policy did you have the accident?

Customer: Never had a copy in post - they said it was online but we never accessed again in my mind they should check if not accessed and send reminders?
Alex Watts :

How long after you brought the policy did you have the accident?

Customer: Sorry it was purchased in June, accident was this week
Alex Watts :

On what basis are the insurance company responsible for making sure that you check the policy? Surely that is up to you?

Customer: I guess that's correct.
Alex Watts :

The problem you have is this. The policy was purchased in June and the accident in October.

Alex Watts :

That means you had 4 months to look at the policy.

Customer: Should they not check someone has received and is happy with terms of policy especially as they didn't ask the questions on the phone?
Alex Watts :

If you did not have access one would have expected you to contact the insurance company and say you hadnt had the documents.

Alex Watts :

Once you had the documents you could have seen that communting was not included.

Alex Watts :

But as it stands you did not.

Alex Watts :

But of course you could still issue proceedings if you wish.

Alex Watts :

Whilst I am not necessarily with you the insurance company should have sent reminders you could issue and see if they settle

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

Alex Watts :

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.


Alex Watts :

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

Alex Watts :

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Customer: But on that basis you suggest the case would be weak? Even based on the phone call etc?
Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

I think your case would not be the strongest.

Customer: I thought there may be a form of duty on the company to check the online submission contents
Alex Watts :

I am sorry if that is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Well no - you have to draw the line somewhere

Alex Watts :

But as I said, that does not stop you making a claim

Customer: i take it that's not correct and your professional opinion would be not to pursue?
Alex Watts :

I would issue the claim and see where you go from there

Customer: Ok thanks you very much, you have been very helpful I will submit the claim.
Alex Watts :

Great. Can I clarify anything else for you?

Customer: No thank you.
Alex Watts :

Great. If I could invite you to rate my answer before you go today, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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