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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71053
Experience:  Over 5 years in practice
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I brought a car son after he passed his test. The garage

Customer Question

I brought a car for my son after he passed his test. The garage advised us to use Flux direct to insure us. he filled the form out for my son and ticked the box that said he was on a provisional licence not a full licence, even though we showed him the full drivers licence. so the quote we took up was not the right amount, it was a technical error. The insurers wrote asking us for documents to update the error which he sent, we have copies etc. since then my son has had an accident and both cars were damaged, my sons was written off we dont know about other driver. Flux have advised us that we were on the wrong insurance so therefore he was not insured, with various conversations i have had with them, they are saying they are dealing with the underwriters and will come back to us, but it might take 6 months to a year. meanwhile i am very worried that we are going to have to pay for the other drivers car. Was my son driving illegally? They have cancelled the policy we were paying out on. In my opinion they are not going to pay out, my son is going to be in trouble with the law, we can not get any insurance now as we have no car as they wont pay us. No one will tell us what i going on and we are all very stressed by the not knowing. is there anything we should/ can be doing meanwhile or do we have to wait till we hear back from them?
Many thanks
Emma Codrington
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
Have the police been informed?
Customer: replied 2 years ago.
no not by me...
Expert:  Jo C. replied 2 years ago.
Is anybody threatening to?
Customer: replied 2 years ago.
no i was just concerned that if flux are saying that he was not insured so surely he would have been driving illegally, do you think?
Expert:  Jo C. replied 2 years ago.
Well, in principle, that is right basically. He did have insurance but it didn't cover him to drive this particular vehicle on that occasion which is driving without insurance.
But nobody is proposing to call the police and nobody will make an automatic report.
The insurance company may use it to dishonour the claim so you would be personally liable. What they will do sometimes though is just let you pay the difference in premium to bring you within it. Certainly that is what they often do with relevant non disclosures like speeding offences.
Can I clarify anything for you?
Customer: replied 2 years ago.
i will have more questions yes, can i come back to you tomorrow?
Customer: replied 2 years ago.
what do you suggest i do now? sit and wait for letters and then come back to you?
Expert:  Jo C. replied 2 years ago.
How much is the claim?
Customer: replied 2 years ago.
we have no idea because no one has told us anything!
Expert:  Jo C. replied 2 years ago.
If the insurance company won't cover you if you pay the additional premium then I would offer to settle privately.
Otherwise they will just clam against the MIB and then they will claim against him at an onerous rate.
It is quite unlikely anybody will involve the police.
Customer: replied 2 years ago.
sorry to be stupid what is the MIB?
Expert:  Jo C. replied 2 years ago.
Uninsured motorist bureau
Customer: replied 2 years ago.
but dont i have a case that it is their fault that they did not update their system when they realised we were on the wrong insurance
Expert:  Jo C. replied 2 years ago.
Not really. Either way, he is still not insured.
You could try arguing the negligence was theirs and that might succeed but they could say that he should have checked the paper document.
Either way, he is liable to the other party. The only question is whether or not it can be recovered by the insurance company.
Customer: replied 2 years ago.
but at the time we were insured i was paying into some sort of insurance, he should have checked the paper document i agree but the garage did it for us, basically its just a technical error....
Expert:  Jo C. replied 2 years ago.
I'm afraid a technical error renders him uninsured