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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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I have been advised by letter that my car insurers (Ageas and

Resolved Question:

I have been advised by letter that my car insurers (Ageas and Rias) are unable to continue cover "due to the change in risk". This is based on two claims made in the current period of insurance. Can I ask them to reconsider?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Have you checked the policy terms to see if they can do this?
Customer: replied 1 year ago.

yes, in that they do say you can make two claims in the insurance period - under the Excess protection section in the Schedule.

Looking again at the claims, only one was actually made in the insured period i.e. 22 November 2014. The insured period is 12 September 2014 to 12 September 2015. My car was vandalised whilst legally parked in Buxton and the cost of the repairs by my insurer were hefty. Rias states that this is a FAULT claim.

The previous claim - 16 June 2014 (actually BEFORE the insured period) was also hefty as the car owner insisted on the repairs being done by Honda. She claimed that her car cost £30,000. Also categorised as a FAULT claim - which it was.

So, I can see these two claims cost my insurer dearly - presumably why they see me as "high risk?

Expert:  Ben Jones replied 1 year ago.
Checking RIAS’ terms and conditions it appears that they have the contractual right to terminate the policy at any time by giving you 7 days’ notice of their intention to cancel. They state that they would refund you a proportion of the fees left for any unused time on your policy, less a £10 administration charge. So even though you are allowed to make two claims a year and have already done so, the right to terminate the police exists regardless of that. Therefore, even if no claims were made, they could have cancelled your policy at any time and for no reason. The key is that they refund you the unused proportion of fees left on the cover. So in the circumstances they have not really done anything unlawful or against the terms of the contract. There is no general right to be insured by anyone so if an insurer does not wish to continue insuring you they may do so. They must give you the stipulated notice and in the meantime it gives you an opportunity to find a new insurer.
Regardless of the above, you may still make a complaint to the Financial Ombudsman Service which oversees car insurance. This is a free and independent service and can serve as a second opinion to see if the insurer has acted correctly. However, before you can take your case there you need to have exhausted the insurer’s own internal complaints procedure. Only once a final decision has been made by them can you go to the Ombudsman. So you have nothing to lose by pursuing that route, just be mindful that they may not necessarily agree with you if they find that the insurer has followed the terms of the policy and lawfully cancelled it.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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