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RJM Law
RJM Law, Lawyer
Category: Law
Satisfied Customers: 3446
Experience:  LL.B (Hons)
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My insurer has declined my claim in an incident as I have

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My insurer has declined my claim in an incident as I have been in the UK for more than 12 months that I was not driving with a valid licence on the date of incident. Based on my travels records, they took the views that I became resident in the UK on 2 May 2020 as I spent a185 days from 19 Aug 2019 to 2 May 2020 though I have left UK from 8 Jan 2020 and returned on 20 March 2020. My understanding from DVLA is that a person spent 185 days in every calendar year would became resident automatically but not crossed the past year. In this regard, I need to clarify from when I became the resident and whether I can drive on my international driving licence issued in HK up to the incident date?
JA: Where are you? It matters because laws vary by location.
Customer: I am a British Citizen and now living in UK.
JA: What steps have you taken so far?
Customer: I have questioned about their decision and also filed a complaint to FOS waiting for response.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I can forward the emails to you for an in-depth study to see if I was fairly treated.
Customer: replied 8 days ago.
I first entered the UK on 19 Aug 2019 and left on 9 Jan 2020. I again entered the UK on 20 Mar 2020 and left on 14 Sep 2020 back to my permanent home in Malaysia. I last entered to the UK on 25 Jun 2021 until now. I noted that I can drive on my international licence for 12 months as a foreigner but have no knowledge of the conditions of the residency status which I am now struggling and causing me and my family great stress. If I am responsible for the third party damages claim due to my fault, I am unable to repay to the insurer. Should I hold them responsible for checking the validity of my licence when I purchased the insurance on 9 July 2021 as they now claim my licence was not valid on 2 May 2021.
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Customer: replied 7 days ago.
I can wait for an answer and please continue to find a professional to give a legal view, Thanks.

Welcome and thank you for choosing our service, I will be the expert assisting you with this matter today.   I appreciate this matter is important to you and I shall try to resolve it as precisely and quickly as possible for you today.

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Thank you.

Thank you for the question.   You foreign licence is valid for 12 months from the dat you came the UK not the date you became resident.  Therefore that is why they have used this date and found your insurance to be void.  You have done. the right thing by escalating the component to the FOS, I would wait to hear what their result is prior to considering any further action.  If you do wish to take legal action and the value of the claim is under £10k, you would use  the small claims process.

You can complete the forms for a claims action easily online.  You will have to highlight what the issues are and tell them how much you are claiming for, to be honest the first are straight forward and self-explanatory.   If you feel you can do this yourself then you don’t really need to hire a solicitor but I will provide details for you in case you feel you want to.  You will then receive a response to the claim and a court date.  On the day (unless they offer a settlement) you will appear at the local court and basically provide your evidence and give you claim to the judge and they will response.  The judge will assess the merits of the claim and defence and make a judgement this should be relatively easy for you to prove so the respondent may well offer a settlement in the meantime.

I hope this information has helped.  You can find a local solicitor who deals with this on the law society webpage which is;

https://solicitors.lawsociety.org.uk/

If you require any help moving forward on this matter in the  future,  please do feel free to come back to us and I would be more than happy to assist.

Kindest Regards.

Customer: replied 6 days ago.
Thank you for your advice. In my case, I left UK on 14 September last year and came again on 25 June 2021 that my foreign licence is valid for 12 months from the date I last came the UK until 24 June 2022. Is this correct? If yes, I can proceed to file a small claim against the insurer to the small claim court,

You can argue this, but you will want to take it to the FOS ti is from when you "arrive" in the UK.

Customer: replied 5 days ago.
Thank you very much for your professional advice. I have just received an email from FOS which they advised that they already submitted my complaint to the Marshmallow Financial Service Ltd for their response. Again, thank you for your assistance in this matter.

You are welcome and I wish you all the best with the matter.

RJM Law, Lawyer
Category: Law
Satisfied Customers: 3446
Experience: LL.B (Hons)
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