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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71159
Experience:  Over 5 years in practice
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Car Insurance. Over the past 3 years my husband and I have

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Car Insurance. Over the past 3 years my husband and I have always had each other as the 'named other driver ' on our insurance. I always do this application on-line.w
On 6th January 2016 My husband had an accident - he was driving the car. We had trawled through all details and questions about the accident and after the engineers report, the car is a write - off. The insurance company went through all details, all agents were contacted for removal of car and offered us the value of the car which was £ 9800.00 We accepted. All payments were accepted sanctioned and approved and the money is in my account.
As we are going to need another car - I rang up the insurers just to check that we are both on the insurance and to give details of the other car we have seen, as a replacement. After a minute, customer services said that something was wrong and was probably a technical mistake, but they couldn't find my husband as the 'named driver ' on the insurance. I explained that this wasn't the case as we are both always named as drivers and put onto insurance, as the last two years have proved with this insurer's to date ( including using them in the past during December 2012 / 2013 & 2013 / 2014).
Customer services did say a technical hitch could have happed on the link on-line, - it can happen
After many fraught 'phone calls they have reiterated that they were mistaken to have continued with the claim and subsequent value of the car as my husband - they now see - is not on the insurance as a named driver. It is his policy, but I was down as the named driver. They also said this was the first case they had ever had like this, it was our fault we should have checked all documentation subsequently sent to us. They immediately offered us £ 500 compensation - but after we stated this was unacceptable and very late in the proceedings to have had this pointed out to them - they increased it to £ 800.
If I wanted to take it to the ombudsman it would be at least 8 weeks or so to resolve. They then cancelled the claim..
On 1st September 2015 I called the same insurers to change my registration number as I had bought another car. The cost was going to be extra per month as the car was a different model and spec and value.
As they updated the information as I had my previous car with them including Driver and spouse listed – this was subsequently was omitted by their customer services people.
What can I do to insist that they too had an obligation to check prior to continuing with the claim - as I pointed out: if I hadn't 'phoned them to check and update the insurance so that we could drive another car, they would have been none the wiser?
Customer: replied 2 years ago.
Is anyone there ?
Customer: replied 2 years ago.
can someone respond please - I need an idea of what I need to be able to say before tomorrow. This not the usual length of time I have had to wait. Is there something wrong?
I apologise as this question was posted in the wrong category. I have now moved it to Law and hopefully you will get a response quickly.
Thank you,
Are you asking if you can claim more compensation?
Customer: replied 2 years ago.
Yes -
Customer: replied 2 years ago.
Yes - Is this too short an answer?
Did you check that he was a named driver on the paper insurance document they sent out?
Customer: replied 2 years ago.
I assumed I had an automatic transfer over - the customer services said this sort of thing could have been a technical hitch and this sort of thing doesn't normally happen. They haven't had this sort of thing happen before. Documentation when received didn't have named driver on it.
That is a problem I'm afraid.
When you say they have cancelled the claim, have they demanded the money back?
Customer: replied 2 years ago.
yes - it took 4 days by BACS to arrive in my savings account - it arrived in the account on 25th Jan and has not been touched. Waiting for a call from them.
Customer: replied 2 years ago.
Can I still point out that they could meet me half way - as they are placing the onus on us when most companies with a history of returning customers, get the facts right - prior to pressing buttons.
Mistakes happen regarding both parties especially doing balance and checks.
Yes, they can but the plain fact remains that they are not liable.Come what may, your husband was not on the insurance. I realise that was not your intention but they sent you a document which didn't bear his details. I realise that nobody checks that as well but they will rely on the fact that you did not.The only claim you have is in negligence which, I'm afraid, would not be made out on these facts. You renewed online and they sent you confirmation which didn't bear his details. They are making an offer to avoid a complaint to the Ombudsman as that will cause them manpower issues. I would take it.You can still complain to the Ombudsman. On these facts though, I'm afraid there is no claim. I realise that you are displeased with them but the obligation was yours to check that the policy was correct rather than theirs. I'm very sorry but I can only give you truthful information.Can I clarify anything for you?Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 71159
Experience: Over 5 years in practice
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