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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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my niece took out an insurace policy with co op young drivers

Resolved Question:

my niece took out an insurace policy with co op young drivers she then had an accident which was not her fault,she pays her insurace in installments and now they are asking her to pay the rest of her yearly payment before they will pay out on her car
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 :

Was her car written off or is it being repaired?

Alex Watts :

Do the terms of the policy allow for them to ask for payment up front please?

Customer:

her car was written off we cant find anything in the policy about payment up front also they tried a few weeks ago to say she could not retive her personal belongins from the car till i spoke to them i get the feeling because she is a young girl they are trying it on.

Alex Watts :

Ok - so they are going to pay her out for the car, is that right?

Alex Watts :

Is she going to get another car?

Customer:

no untill she has paid her full years insurance preium

Alex Watts :

Is she going to get another car?

Customer:

she looking for one at the moment

Alex Watts :

Won't they just deduct the policy payment due from the settlement figure?

Customer:

she had only had her insurance for one month and they are saying that she has not paid them enough to be able to pay her out on her car she took out the insurance over the phone and has still not recieved her policy documents

Alex Watts :

I see. Well check the policy. Ordinarily they can't change the terms, so if it does not say she must pay up front if there is an accident, then she does not have to.

Alex Watts :

Their concern is that they pay her out and she doesn't pay the rest of the monthly payments.

Alex Watts :

But if their own terms do not allow for them to ask for payment up front, then they can't

Alex Watts :

The terms and conditions are the contract and can't be changed.

Alex Watts :

So ask them exactly WHERE in the policy it says they can do this.

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

If they can't name it, then they can not

Customer:

according to the insurance company her exess was £650 WHEN SHE ONLY PAID £466 FOR HER POLICY AND THEY HAVE ALREADY DEDUCTED THIS FROM THE AMOUNT THEY ARE GIVING HER IF SHE HAS TO PAY THE FULL POLICY COST SHE IS GOING TO BE WELL OUT OF POCKET

Alex Watts :

Ok, well again it must be in the terms and conditions that they can do this

Alex Watts :

If not, then they are unable to do so.

Alex Watts :

If that is the case then you can complain to the Financial Ombudsman. They offer a free, independent service and can investigate any complaint for free at: www.financial-ombudsman.org.uk

Alex Watts :

But in short, it MUST be in their policy and terms they can do this, otherwise they can not

Alex Watts :

They can't just alter the contract

Alex Watts :

Does that clarify?

Customer:

YES THANK YOU FOR YOUR HELP

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