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JG_Legal
JG_Legal, Barrister
Category: Law
Satisfied Customers: 45
Experience:  Experience of consumer law, financial regulation and criminal law.
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I have recently had my car insurance voided from inception,

Resolved Question:

Hello. I have recently had my car insurance voided from inception, as I failed to correctly respond to the question/assumption regarding my previous motoring conviction history. This follows a collision I was at fault for earlier this year, which the third party is claiming costs for. I have been made aware that the insurance company have the legal right to seek reimbursement of any claims arising and that I should complete a consent and indemnity agreement. I have also been advised to obtain legal advice so that I am fully aware of my position in relation to the motor insurance policy and claims arising out of the accident. Are you able to advise me please?
Submitted: 1 year ago.
Category: Law
Expert:  JG_Legal replied 1 year ago.
What is your specific question?
Customer: replied 1 year ago.

I guess I need to know what it means to me to sign the 'consent and indemnity agreement' I have been sent.

Expert:  JG_Legal replied 1 year ago.
As there was no insurance in place to cover the claim, the insurer is asking you to sign the form to essentially say that you will pay the costs of covering the claim. If you sign the document, the claim will proceed, the third party will receive compensation as per a normal claim but you will get the bill in the end.Alternatively you can refuse to sign the form but most likely the insurer will instruct solicitors to recover the money from you and you will have to pay more that you otherwise would. I would ask the insurer to indicate how much you will have to pay, asking it to justify each expense, before you sign the indemnity.If I have answered your question please accept my answer. If you require further clarification please ask.
Customer: replied 1 year ago.

So the third party will deal with the insurance company and have no knowledge that I have to pay the final bill? The third party won't have to deal with me directly?

Also, if I can't afford to pay the final bill in one payment would you anticipate that the insurance company would allow me to pay back in installments?

Expert:  JG_Legal replied 1 year ago.
You won't deal with the third party no. But I'm sure he/she will know you'll be essentially picking up the bill. This doesn't mean that you'll pay more than the insurer would have otherwise had to pay - you are simply paying - the claim will be exactly as it would have been had you been insured. I'm fairly sure the insurer would let you pay back in reasonable installments as otherwise it would have to spend time and money recovering the cash.If I have answered your question please accept my answer. If you require further clarification please ask.
Customer: replied 1 year ago.

The indemnity form was sent to me by a law firm acting on behalf of the insurer. Do you think it would be acceptable for me to ring them directly and ask the question about how much I will have to pay - or do you think I should contact the insurance company?

Also, will they offset any costs due with the fee I paid for the original insurance? This was over £500 and if my policy is deemed not to have existed would the insurance company just keep this money?

Expert:  replied 1 year ago.
I think you'll have more luck ringing the insurance company as they will ultimately price the claim. In relation to an offset, I know that insurance companies are pretty ruthless and really it rests on the terms of your policy. There must be a term or condition in relation to the issue. I suggest asking your insurer. If they say you've forfeited that money (essentially it cannot offset against the claim) you should say that you will complain about it to the Financial Ombudsman Service (FOS). The FOS look at complaints on a 'fair and reasonable' basis so even if, strictly legally speaking, the money cannot be offset, the FOS can order it to be offset if they consider that to be a 'fair and reasonable' resolution. Also, the FOS charges firms £500 plus when they look into a complaint so it might not be worth it for the insurer to contest it through the FOS in any event (explain the above to you insurer when you make the call).If I have answered your question please accept my answer. If you require further clarification please ask.
JG_Legal, Barrister
Category: Law
Satisfied Customers: 45
Experience: Experience of consumer law, financial regulation and criminal law.
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