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Forgot to disclose 3 points to insurance co. - juulz2001

Hi,

I took out my insurance July 2012, in November of that year I got 3 points for speeding (SP30). I stupidly forgot to inform my insurance and yesterday was involved in accident. The other driver as admitted liabilty as they pulled out in front of me.

My insurance company has put me in touch with a care hire company and care repair company and said these companies would recover the monies directly from the other drivers insurance.

I'm just worried about these 3 points I have. The car hire company have said I need to show both parts of my drivers license. I'm unsure as what to do for the best. Do I notify my insurance company about my points? or will this affect my current claim?

Any advice would be greatly received.

Forgot to disclose 3 points to insurance co. - FP

The trouble is, your insurance company don't know whether you really forgot, or simply intended to withhold the information. Have you only just remembered, now you have a claim on your hands?

My approach would be always to be frank and open.

"My insurance company has... said these companies would recover the monies directly from the other drivers insurance." You'd better hope they're right. The other driver may suddenly change their story (see another thraed on this forum) and things could get much more complicated.

Forgot to disclose 3 points to insurance co. - juulz2001

Yes I got out the paper version of my license for the car hire and then realised.

I'm hoping (obviously) the other driver won't change their mind. They have admitted it was their fault to their insurance and their insurance has accepted liability.

I am tempted to phone up my insurance and explain, i'm just worried about them cancelling my insurance or it meaning i'll end up with a bill for repairs. But then the other drivers insurance has accepted liability and they have agreed to pay out.

Head spinning!

Forgot to disclose 3 points to insurance co. - FP

Someone more expert than me will probably be along soon, but I believe your failure to disclose the points won't invalidate your insurance, since if you had disclosed them your company would not have refused to insure you, though your premium might have been increased.

I think I would start talking to them, but you are probably best advised to do nothing just yet - you are probably still in a state of shock and important decisions shouldn't be made until you're calm.

Think it over and wait for more advice.

Edited by FP on 28/03/2013 at 14:31

Forgot to disclose 3 points to insurance co. - juulz2001

Thanks for the comments. Couldn't take the guilt so came clean and explained to my insurance that I hadn't let them know. Surprisingly they were not concerned, it doesn't affect my current claim and there is no increase on my premium. Points are now added to my insurance so I'm all square.

Much relief as you can imagine!

Forgot to disclose 3 points to insurance co. - daveyjp
Now your worry can move to the car hire fee being picked up by the other party. Do you now much the hire charge is per day?
Forgot to disclose 3 points to insurance co. - juulz2001
Not sure what you mean by fee being picked up by other insurance company? Their driver is at fault and they have agreed to pay for all repairs and car hire costs. My points were added to my insurance before I collected the hire car.
Forgot to disclose 3 points to insurance co. - dacouch

The Ombudsman sets out clear guidelines that Insurers must follow, this link explains this is well worth a read.

tinyurl.com/awne5

Forgot to disclose 3 points to insurance co. - Driver Defence

You need to notify your insurance company. They may try to suggest that your insurance is invalid but they cannot void insurance retrospectively so you would be covered for this incident. Whether they continue to provide cover is another thing.

You are at risk of being prosecuted for fraudulent misrepresentation if they decide to take it further.

Forgot to disclose 3 points to insurance co. - dacouch
Driver Defence Patterson Law

"You need to notify your insurance company. They may try to suggest that your insurance is invalid but they cannot void insurance retrospectively so you would be covered for this incident. Whether they continue to provide cover is another thing.

You are at risk of being prosecuted for fraudulent misrepresentation if they decide to take it further."

Your advice is either seriously flawed or very badly worded.

An Insurer can void a policy for non disclosure, void being for "avoid" the policy which basically means the policy never existed. This means the policy is treated as never existing and can be done retrospectively.

Non disclosures are generally discovered at the time of a claim so to not pay the claim the Insurer is obviously carrying out the voiding retrospectively.

From the Ombudsman "If a customer fails to disclose (or misrepresents) a material fact and this induces the insurer to accept the proposed risk, the legal remedy is to "avoid" the policy. This means the insurer is entitled to treat the policy as though it never existed. Unless fraud is involved, the insurer will normally return the premium and will not pay out on any claim made under the policy"

Under the RTA the Insurer would still need to pay any valid third party claims although they are entitled (and nornally will) look to the policyholder to reimberse their outlay.

It looks like you need to read this link http://www.financial-ombudsman.org.uk/publications/ombudsman-news/46/46_non_disclosure_insurance.htm

N.B the requirements on non disclosure have changed recently but Insurers are entitled to void a policy restrospectively still

Forgot to disclose 3 points to insurance co. - Avant

Thanks for that, dacouch.

In other threads Patterson Law are touting for business: if this is the standard of their advice, beware!

Forgot to disclose 3 points to insurance co. - Driver Defence

That you for your kind comments dacouch.

A policy obtained by a material representation remains valid so far as the criminal liability under s143 is concerned, unless the insurers have taken steps to avoid it; it makes no difference whether it is void or voidable (Durrant v MacLaren).

The case of Adams v Dunne also confirms the position. A defendant concealed the fact of his disqualification from an insurance company. The judges dismissed a charge of driving without insurance as no steps had been taken by the insurance company to void the cover note.

Forgot to disclose 3 points to insurance co. - dacouch

Thank you for your kind comments.

I fully understand the position.

The OP made a non fault claim from the other party and subsequently declared the conviction to his Insurers who advised it was not a problem.

He was not claiming from his own policy so your advice that about the posibility of his insurers suggesting the policy may be invalid was just scare mongering.

If the OP had been involved in a fault accident, it is feasible that the Insurers could deny paying for his own damages and then pursue him for their outlay for any third party claims.

Your post was badly worded and dug up an old and finished thread to in effect tout for business.