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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 78443
Experience:  Over 5 years in practice.
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Hope you are well and staying safe :-) My motor insurance

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Good afternoon,
Hope you are well and staying safe :-)
My motor insurance company have refused to proceed with my claim due to non disclosure of endorsements on my driving record even though my claim was through the 3rd party insurance to avoid me losing my full no claims bonus.
The 3rd party have admitted full liability of the RTA and accepted full liability for my ongoing personal injury claim.
My insurance company cancelled my insurance and I received a refund of the premiums paid from the Broker and my insurance company won't pay out the value of my vehicle (approx. £1700). Surely they will claim everything back from the 3rd party who have clearly admitted full liability.
Please advise where I stand. Thank you!

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

Customer: replied 5 days ago.
Hello Jo, thank you for your speedy response :-)

Right, were there non disclosures?

Customer: replied 5 days ago.
I am happy to type Jo as I am currently in a very quiet open plan office at work !

No problem.

Customer: replied 5 days ago.
Unfortunately yes ... I ommited to say my licence had previously been revoked for a 3 months period due to rotting up of speeding endorsement. The revocation was removed following a court appearance as I proved i had not received 2 x speeding fines due to a change of address.

Thank you.

I am sorry but I cannot give you good news. I'm afraid you are in difficulty here.

I have to tell you thetruth.

I am sorry but it wouldbe wrong of me to avoid giving you the downside of your

position.

The difficulty with this is that this is a relevantnon disclosure allowing them to cancel your policy on the basis that it isinvalidated.

Innocent misrepresentations do not always have thateffect but I don't see how you could argue this could be innocent I'm afraid.

You could try to negotiate with them. Sometimes theywill just let you pay the increase premium between the amount that you wouldhave been charged in the amount that you were charged but that really dependsupon whether there's a claim and what the amount is and whether they're willingto exercise discretion in your favour

I am sorry but I can only tell you the truth.

Do remember that I can only give you myopinion.

Another lawyer may have a different opinion.Litigation needs at least 2 parties and neither goes to court expecting tolose.

Nonetheless, one of them does, even thoughthey have been told by their respective legal advisers that they have a goodchance of success.

If there was a black-and-white answer toevery legal problem there would be no need for anything to ever proceed tocourt.

The ultimate decisioncomes from a county court judge in a civil case or from the magistrate in acriminal case heard in the magistrates court or the jury in Crown Court.

Hopefully, Ihave answered your query in a way that is simple and easy to understand. Ifanything remains unclear, I will be more than happy to clarify it for you. Inthe meantime, thank you once again for using our services.

Jo

Jo C. and 4 other Traffic Law Specialists are ready to help you
Customer: replied 5 days ago.
Hi Jo, thank you for being transparent. I just wondered that because my insurance company are not the ones who will be out of pocket due to the 3rd party admitting full liability, predominantly, they will be paying the costs, therefore, would my claim be able to proceed?

That is really down to their discretion I'mafraid. They can't be forced sadly

No problem.

All the best.

Hopefully, Ihave answered your query in a way that is simple and easy to understand. Ifanything remains unclear, I will be more than happy to clarify it for you. Inthe meantime, thank you once again for using our services.

Remember that I am always available to help withyour questions. Even if I am in Court I will usually pick up aquestion within 12 hours. For future information, please start your questionwith ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/