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Matt Jones
Matt Jones, Solicitor
Category: Law
Satisfied Customers: 671
Experience:  I am a qualified and practising Solicitor with over 7 years post qualification experience
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I have been paying insurance premiums for many years for myself

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I have been paying insurance premiums for many years for myself and my daughters. The one daughter recently was in an accident and was over the drink limit at the time. The insurance company is saying that they will not cover the damages to her car and also that she has to pay for the damages to the other car. Is that correct?
Matt Jones :

HI I will try and help

Matt Jones :

I presume that the accident was your daughters fault? over and above the drink drive issue I mean?

Matt Jones :

also who are you insured with, and did you buy through a broker?

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Customer: replied 3 years ago.
Hi Matt
Yes, the insurance was with aviva directly and it was a multi plan so I had my car and ny daughters cars insured all by aviva. The accident was one if the cars by me daughter in her car and she was over the limit at the time. Aviva did not pay out for her as as she has lost her licence. They are now saying she has to pay for the third party as well . Is that correct? Thank you tina
Customer: replied 3 years ago.
Apologies, it is not aviva it is admiral. One of their multi plan policies that I had fully comprehensive for my car and each if my daughters cars . I have two daughters. The one daughter hit a stationary parked car. She admitted liability. I went direct to admiral for the policy. Thank you
HI sorry for the delay.
In recent years there has been a change in insurance policies, and it is relevant to those people particularly where the policy is taken out directly. Most policies already had a provisions that they would not cover a persons own damage where there is intoxication (for somewhat obvious reasons) but in recent years some companies have expanded this to include exclusion of cover for the 3rd parties. This has been a controversial move. Mostly because it is difficult to quantify when a person reasonably should not be covered - should 2 glasses of wine be the excluding factor? or 3? or a ban? etc
The insurance company are of course always tweaking their T&C's to include any reasonable circumstances as they see fit. however they should have informed you of this, and so the first thing you need to check is that they have told you about any changes. Ask them for evidence of this if you don't have it.
My understanding is that insurance companies are dealing with each claim on its merits. Whether you have received notification or not,0 make a complaint based on that the outcome is not fair and reasonable. They may change their mind. If they don't then go to the Financial Services Ombudsman and make a complaint as they may rule for you on the basis of the controversial nature of these clauses
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Matthew J