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Ford KA - Insurance company in breach of contract? - LittleRenault5

I am looking for advice as to whether I should take my previous insurance company to small claims court....

In December last year I had my mum's car taken off of me, impounded and, subsequently, crushed as I was found to be driving without insurance. Now, a couple of months prior to this incident, 03.10.12 eCar had cancelled the policy due to not showing enough proof of "No Claims Discount", which is what the police informed me at the side of the road. However, my mother had rectified this issue and eCar had sent a certificate of motor insurance after what they deemed a "mid-term adjustment" which stated that she (and I as named driver) were insured as of 05.10.12. However, not only was this not logged on the motor insurance database, when, after weeks of calling eCar's premium rate numbers to no avail, I was finally informed by a manager at eCar that the certificate I had in front of me, according to them, did not exist and the insurance had been cancelled on 03.10.12.

I have a letter that disputes their claim and an email confirmation also.

I am looking to sue for at least £10,000 as the car was my mother's mobility car, it was seized a two weeks before Christmas and crushed on Boxing Day when I was visiting a friend in London and could not return to my mother for the festive period. Furthermore, due to the stress of the entire incident I have since lost my job and am signed on sick.

Any advice will be much appreciated.

Ford KA - Insurance company in breach of contract? - skidpan

Yet another fishy post.

Firstly since its a Mobility car you don't own it, you lease it.

A pice of paper proves nothing, if you stopped paying the montly installments or ingnoed letters you would have no insurance.

There is no way a car would be crushed on a Public Holiday.

You cannot sue for the value of something you did not own.

If the car had been crushed Motobilty would sue you for the loss of the car.

Ford KA - Insurance company in breach of contract? - Hijetbear

Agreed, skidpan!

Also, as far as I am aware, isn't insurance arranged by Motability and paid as part of the DLA monthly premium?

Ford KA - Insurance company in breach of contract? - tony g
(Agreed, skidpan!

Also, as far as I am aware, isn't insurance arranged by Motability and paid as part of the DLA monthly premium?)

Most people do opt to lease a car via motability ,however one of the options that motability offer ,is the option to choose to buy a car using the monthly allowance .The option to buy doesn't usually include insurance .

I think it would be expensive and complicated to prove negligence and liability on the part of e sure .I would consult a solicitor for advice before considering that as an option .

Where the ops post doesn't make sense is the contention that the car has been crushed .

If the car had a value of £10,000 ,it wouldn't have been crushed it would have been seized and sold at auction , if the fees weren't paid .In addition if the car was financed via motability hp .Thier interest would be registered on HPI ,which would be cleared by the auction company when the car was sold .
Ford KA - Insurance company in breach of contract? - Bromptonaut

Without in any sense doubting the OP there are bits I don't entirely follow. But a few relevant points/questions.

If it was mother's car then, barring a smallish sum for inconvenience, the claimant in any proceedings is the insured - ie the OP's Mother.

Where does the £10k figure come from?

Other than the NCD question were there any other reasons the insurer might have cancelled the policy?

The reference to mobility has led some to assume Motability were involved in some way. Is that the case?

If you're considering legal action you need to see a solicitor.

If it's an insurance dispute might the Financial Ombudsman be a more straightforward and proportionate way of resolving the matter?