How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jamie-Law Your Own Question
Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 5582
Experience:  Solicitor
96104960
Type Your Law Question Here...
Jamie-Law is online now

Our van insurance is being cancelled. What happened is this:

Customer Question

Hi our van insurance is being cancelled. What happened is this: Our ex employee (named driver) on a policy that i was holding (proposer) called me and said he hit a car from the back. I told him okey ill call the insurance and they will take care of it. I took the details of who we hit in the back and contacted the insurer. The insurer checked my via a conference call with dvla and they confirmed my identity but since I wasn't the driver they needed my drivers details. I gave them his number and asked him to contact them as well. 2 months down the line I get a letter stating that we still do not have your drivers details and we will cancel the policy in the next 7 days if you do not provide this. I told them look the guy does not work for me anymore he was let go and wasn't to happy about it but I will call him and do my best to get him to contact you. But he is not replying to my emails texts or calls. another couple of weeks pass and they cancelled my policy yesterday and now to get insured it costs roughly £2600 extra than what it was before. They are saying that they cancelled the policy on the grounds that I provided the documents late not my driver which is not the case as they done a dvla check on the day of the claim. Can you please advise on what I can do?
Assistant: Where are you located? It matters because laws vary by location.
Customer: UK
Assistant: Has anything been filed or reported?
Customer: They have sent me documentation
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: I believe they are treating me unfairly and they are going to make me go bankrupt
Submitted: 5 months ago.
Category: Law
Expert:  Jamie-Law replied 5 months ago.

Hello my name is ***** ***** I will help you with this.

Do the terms say when the documents need to be sent by?

Customer: replied 5 months ago.
The letter states that they need the additional drivers details within 7 days. My ex employee (additional driver) did not provide them with this. He is not working for us anymore I am the policy holder who's reputation is in shambles and my policy is being cancelled.
Customer: replied 5 months ago.
I also just called with hidden number the the ex employee and he said I have nothing to do with this and hung up on me
Customer: replied 5 months ago.
I have proof that he was in control of the vehicle that day
Expert:  Jamie-Law replied 5 months ago.

Does the policy say you must provide details within 7 days?

Customer: replied 5 months ago.
I am not sure. I mean this was requested 10 months into the policy and only after the claim was made from our end.
Customer: replied 5 months ago.
would this be any relevant?
Expert:  Jamie-Law replied 5 months ago.

Ok - does it say in the Policy that you have to provide documents within a certain time? It is relevant as if its not in the policy terms they can not enforce it

Customer: replied 5 months ago.
1.Control of claims
The claims administrators and the appointed
solicitor will have control of any claim. You
and/or an insured person must:
a)keep the claims administrators informed of
any developments relating to any claim as
soon as possible after you and/or the insured
person finds out about them, and
b)follow the advice, given to you by the claims
administrators and/or the appointed
solicitor, and
c) not start, defend, stop or withdraw from legal
proceedings without the agreement of the
claims administrators and/or the appointed
solicitor, and
d)give the underwriters and/or the appointed
solicitor information and instructions as
requested.
The claims administrators will have direct
access to the appointed solicitor at all times.
The claims administrators have the right to see
any information, documents or evidence that
is in your possession or is in the possession of
an insured person or the appointed solicitor.
If in any legal proceedings the claim is not
successful and you and/or the insured person
want to appeal, you must write and tell the
claims administrators and the appointed
solicitor no later than 14 days before the
time for making an appeal ends or as soon as
possible if the time period during which you
may make an appeal is 14 days or less. The
claims administrators will cover your and/or
the insured person’s legal costs and expenses
for the appeal if the claims administrators and
the appointed solicitor agree that there are
prospects of success in pursuing the appeal.
The claims administrators can take over
conduct of any claim at any time in the name
of the insured person.
The claims administrators can issue legal
proceedings for the claims administrators
benefit in the name of the insured person to
recover any payments that have been made
under this insurance.
2.Claims Procedures
You and/or the Insured Person must:
a)report all claims to the claims administrators
as soon as is reasonably possible but at the
very latest within 30 days of the happening
of an insured incident, and
b)take all reasonable steps to minimise the
amount of any claim to be pursued against
the defendant, and
c) cooperate with the claims administrators
at all times, supply any information required
and forward unanswered all communications
received in connection with an insured
incident, and
d)cooperate fully with the claims
administrators to assist in the recovery of
legal costs and expenses that they have had
to pay on your behalf and that have been
reasonably incurred in connection with the
pursuit of the claim.
Please see the contact details for reporting
a claim on the final page of this policy.
3.Prospects of Success
The appointed solicitors will try to recover
your and/or the insured person’s uninsured
losses and the claims administrators will
pay your and/or the insured person’s legal
costs and expenses provided the claims
administrators and the appointed solicitor
are of the view that it is more likely than not
that the claim or the legal proceedings will
mean you and/or the insured person will
receive money by way of compensation.
If at any time the claims administrators or the
appointed solicitor think that the claim or the
legal proceedings do not have prospects of
success the claims administrators will confirm
this in writing to you and/or the insured
person. The claims administrators will tell you
and/or the insured person that they will not
take any more action or pay any more legal
expenses, without their written agreement,
from 28 days after you and/or the insured
person receives the notice.
Claims Helpline: 03330 436516
37MOTOR LEGAL PROTECTION POLICY
In this event you and/or the insured person
have a right to continue the claim or legal
proceedings but this will be at your own/the
insured person’s expense
Customer: replied 5 months ago.
C is of relevance as they made a formal request for the additional drivers details but not mine. At the moment they are still saying they were asking for mine. Also they admitted that they made a mistake and still are not fixing this solution.
Expert:  Jamie-Law replied 5 months ago.

Ok - have you written and formally complained?

Customer: replied 5 months ago.
I have they went to the underwriters and they said sorry can't help you on the grounds that your documents weren't supplied on time which they were. I asked a written letter from them stating who's documents weren't supplied on time and they said sorry that is all we can say... You can probably understand my frustration by now. The gentleman dealing with this said we apologize as we can see that the cancellation procedure wasn't followed correctly and they still are saying sorry can't help you. I need to know how I can get my insurance back because they are in the wrong and I do not know how to get them to listen. I don't understand how this can be possible when they make a mistake and I am left to pay for it?
Expert:  Jamie-Law replied 5 months ago.

Ok - you need to write formally and set out your complaint. They will investigate it and report back to you.

If that does not work then you can go to the Financial Ombudsman. They regulate these people and can investigate the complaint for free at: www.financial-ombudsman.org.uk

If that does not work then you can seek a Court order to compel them to reinstate.

You would need to complete form N208:

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n208-eng.pdf

The Court would set the matter down for hearing and decide whether or not to make an order compelling them.

But I would hope the Ombudsman would resolve it.
Can I clarify anything for you about this today please?