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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My son has a speeding fine last year and so thought he had

Resolved Question:

My son has a speeding fine last year and so thought he had 3 points on his otherwise clean licence. He took out car insurance with a new company and declared 3 points. His car has now been written off in an incident which he was not liable for and is trying to claim against the 3rd party. It has come to light that he infact was awarded 6 points on his licence for the one incident for late payment of the fine . He has now been told that his insurance is void and they will not continue with the claim . Can insurance companies take your money which he paid as a single payment and let you drive around uninsured? Is there anything he can do ps the 3rd party are us his parents who are happy for the claim to be paid from our insurance company.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
Did they void the insurance after the notification of this claim please?
Customer: replied 2 years ago.
Yes
Customer: replied 2 years ago.
Hi Alex
Did you get my reply just wondered how long I will be waiting for a reply from yourself
Thanks
My son was only informed of the void insurance when they started to investigate the claim
Expert:  Ash replied 2 years ago.
So technically he has not been driving around uninsured. They have only voided the policy when he failed to declare it.
Are they allowed to do this - yes. If you check their terms and conditions, if there is a failure to notify a change they can void the policy from its inception. It is most common in fraudulent claims.
However in this case he failed to declare he had 6 points. It must have meant the fixed penalty unit took him to Court. This is because the unit can only make a conditional offer, which is a fine and points. They can't impose a penalty for paying late, only a Court can do that.
It must have gone to Court and he would have been notified. He will be able to tell from his licence as when it is updated it should have a Court number on it. The penalty unit can't impose 6 points themselves for speeding.
However if he is unhappy with his insurance company he can complain to the Ombudsman. They offer a free, independent service and can investigate his complaint at: www.financial-ombudsman.org.uk
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.
Do insurance companies not check that they have been provided with the correct information before they agree to insuring you.
Expert:  Ash replied 2 years ago.
No they do not. The onus is on the customer making sure its correct.
Alex
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex