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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70209
Experience:  Over 5 years in practice
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If I have an insurance policy which I have forgotten to declare

Resolved Question:

If I have an insurance policy which I have forgotten to declare penalty points on and have had a minor road accident what are the likely repercussions if a claim is made against me?
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. When did the accident happen and is it likely that a claim will be made?
Customer: replied 1 year ago.

The accident happened yesterday and the person has already said they would like to go through the insurer, after chatting to him he said he would be happy to accept a payment of £3000 which is a lot more than the damage that was caused

Expert:  Ben Jones replied 1 year ago.
If you did not provide the correct details when you took out the insurance the likelihood is that the insurer will treat it as invalid and refuse to deal with any claim on your behalf. So it means you would be personally liable for compensating the other party for the damage you caused. He may have told you he would accept £3,000 but if that is not what the repairs would cost then you do not have to pay that and if needed you could ask that he takes it to a repair garage and gets you a quote and you would then ay that. The other issue is if he tried to claim for personal injury as that could inflate the value of the claim, depending on what he tried to claim for. So consider that as well before you agree on any potential settlement. 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
Customer: replied 1 year ago.

I'm aware that the insurers would not like to touch the case as it would be void, I was more concerned about the possibility of more penalty points/court fees etc, I was just enquiring as to what I would be likely to receiving in that way as I'm afraid I may lose my licence?

Expert:  Ben Jones replied 1 year ago.
If you are asking form a criminal point of view then I will have to refer this to a colleague of mine. She is offline at the moment but will be on here later on so she will get in touch with you and take this further. No need to reply n the meantime, thanks
Expert:  Jo C. replied 1 year ago.
Hi I am a criminal practitioner. Why should there be penalty points? For what? Has this been reported?
Customer: replied 1 year ago.

So basically there's 6 points undeclared on the insurance policy, if there was a claim made and the insurance was voided then would penalty points be given for driving with void insurance? I'm really panicking because I'm very busy so it's just a case of not getting round to alert the insurer after having received the fine and penalty points

Expert:  Jo C. replied 1 year ago.
It is not likely they would prosecute you for having no insurance. In principle they could arguably. You did have insurance at the time but it was obtained by not making complete disclosure but they don't do that. Their view will be that insurance did exist at the time of the incident and that is what the law requires.
What would happen though potentially is that the insurance company would dishonour the claim and then the MIB may pay out and pursue you for the sums involved.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.

Thank you ever so much for your time, I obviously had the worst possible outcome on my mind! I didn't want to succumb to the pressure and pay £3000 unnecessarily but also I didn't want to go ahead with the claim and be penalised for not informing the insurance company of the points I had accumulated as I cannot afford to lose my driving licence, neither party has yet accepted liability because there was fault on both of us, what would be the most likely outcome if a claim was made and it went to court?

Expert:  Jo C. replied 1 year ago.
Is the value of the claim £3k?
Customer: replied 1 year ago.

No that's how much he wanted to settle it without going through the insurance company

Expert:  Jo C. replied 1 year ago.
Is it more than that?
Customer: replied 1 year ago.

No that's how much he wanted to settle it without going through the insurance company in my opinion the damage is much less and he's trying to pull a fast one

Expert:  Jo C. replied 1 year ago.
Well, he may be but you need to settle this to avoid it going through the MIB.
If your insurance company won't cover you then you are personally liable. You can make an offer to the insurance company to settle.
Jo C., Barrister
Category: Law
Satisfied Customers: 70209
Experience: Over 5 years in practice
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