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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My dad has received a letter explaining he is being taken

Resolved Question:

Hi my dad has received a letter explaining he is being taken to court due to not telling his insurance company that a vehicle was stolen and he made a claim. He honestly thought the vehicle was stolen the year previous to what it was so didn't think he needed to tell them as he thought it was over 3 years. Since then a driver of his was driving a vehicle which was insurance with the company taking him court. The driver was at fault for a collision involving numerous vehicles with a large claim from all involved, because he didn't tell them about the vehicle being stolen they are saying he isn't insured and fraudulently obtained insurance. Which he didn't intend to do. Where does he stand according to the law? What happens next? Will there be a penalty and if so what? Thanks in advance for your help
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
What is he being taken to court for exactly?
Customer: replied 1 year ago.
insurance fraud I think
Expert:  Ash replied 1 year ago.
Criminal or civil claim?
Customer: replied 1 year ago.
Civil claim
Expert:  Ash replied 1 year ago.
Ok. Has he he an accident?
Customer: replied 1 year ago.
no his driver had the accident but my dad owned and insured the vehicle
Expert:  Ash replied 1 year ago.
What was the question they asked him on the insurance? Have you ever made a claim within the last 5 years?
Customer: replied 1 year ago.
did he have any other than ones already stated convictions cancelled insurance policy's or any other claims in last 3 years
Expert:  Ash replied 1 year ago.
So he answered all questions correctly?
Customer: replied 1 year ago.
to his knowledge yes but they later advised him that he had a vehicle stolen within the time frame where he should of declared. He thought it was the year before so didn't need to declare it.
Expert:  Ash replied 1 year ago.
Did he have insurance with them the year before?
Customer: replied 1 year ago.
no it was a new policy then 3/4 of the way through the driver had the accident then they cancelled dads insurance
Expert:  Ash replied 1 year ago.
Ok. He needs to write and make a formal complaint, they will then consider the matter. If it goes against him then he needs to complain to the Financial Ombudsman. They regulate insurance companies and can consider your complaint for free. They are also independent and can be found at: www.financial-ombudsman.org.uk
That should resolve the matter. Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
if they are taking him to court what will that achieve. what are the sentences for this offense
Expert:  Ash replied 1 year ago.
Its not, its a civil matter as you said. It can only be they would get costs for any action taken.
That is it.
Does that help?
Alex
Customer: replied 1 year ago.
yes thank you. so is there an average of what they will try and recoup?
Expert:  Ash replied 1 year ago.
I dont know they should produce a schedule of costs and it should be particularised in the claim form.
Does that help?
Alex
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
yes thanks

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