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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 75082
Experience:  Over 5 years in practice
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My car insurance didn't auto renew and I was only aware of

Customer Question

my car insurance didn't auto renew and I was only aware of it when unfortunately, I was stopped by the police, who informed me then. I contacted my insurance company to find out why and they said that I must have 'opted out' of auto renewing yet this is something that I would not have done and have checked on their site and cannot see this anywhere and they even state that they 'will never leave you without insurance'. They said that they did send out a letter when my insurance was due to end but I never received anything. I have spoken with them 3 times and have requested the transcripts as they did admit about not having to agree to auto renew when taking out my policy initially. Should there be evidence of this opting in/out that they would have had to provide me with?
JA: Since laws vary from place to place, where is this? And when did this happen?
Customer: Lincoln, England and last month
JA: What steps have you taken so far?
Customer: Rang them 3 times, on the 2nd call I asked them 'my insurance is up for renewal and I pay my debit card and as it states on your website that it will automatically renew' and he replied with 'yes, course it will and I don't have to do anything if happy with the renewal price' so I have asked for the call transcripts,
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no
Submitted: 11 days ago.
Category: Law
Expert:  Jo C. replied 11 days ago.

Hi, welcome to JustAnswer. My name is Jo C, I’m a barrister with 12 years of experience and I am happy to help with your question today.

Expert:  Jo C. replied 11 days ago.

Are you asking if you have a defence to no insurance?

Customer: replied 11 days ago.
no
Expert:  Jo C. replied 11 days ago.

what is your specific question then?

Customer: replied 11 days ago.
apologies, yes I do want to know if I have a case and they should have the evidence because they are denying what is stated on their site and what the call operator's confirmed to me
Expert:  Jo C. replied 11 days ago.

Well, that isn't really relevant to the issue of driving uninsured.

Either you were insured or you weren't. If they say you were not insured then you were not. That is it from the point of view of criminal liability.

Whether you should have been insured or not is another matter.

Clearly they are saying that they did notify you. They should not be auto renewing without notifying and receiving your active agreement because there were complaints about them doing that at higher prices.

On the face of it, you cannot run special reasons because they are saying you were sent a letter and anyway I presume the money wasn't taken from your account so there were ways you could have known you were not insured.

Sorry if that is bad news.

Can I clarify anything for you?

Jo