Problem with Car insurance and named driver

CherieC

Hi,

This is my first post on boards, Iv been reading it for a while, but my first time to post

When I bought my car insurance I had two people down as named drivers.

I have to make a claim now for theft and it turns out that one of them was banned before and never told me. The insurance company has asked me to get a record of previous convictions for all drivers, and that's going to show up.

My insurance broker seems to think that everything will be fine, because he wasn't driving the car at the time. (It was parked on the drive)

But I'm worried that they will void my policy and I will get nothing. Does anyone know what will likely happen here?

MugMugs

CherieC wrote: »

I have to make a claim now for theft and it turns out that one of them was banned before and never told me. The insurance company has asked me to get a record of previous convictions for all drivers, and that's going to show up.

My insurance broker seems to think that everything will be fine, because he wasn't driving the car at the time. (It was parked on the drive)

But I'm worried that they will void my policy and I will get nothing. Does anyone know what will likely happen here?

I'd say your broker is right.

Did you know that the Named Driver had convictions?

CherieC

MugMugs wrote: »

I'd say your broker is right.

Did you know that the Named Driver had convictions?

I really hope so,

No, If I knew that he was banned before there isnt a chance that he would be even be allowed to drive my car, regardless of weather or not the insurance co. knew.

dillo2k10

My dad had his car stolen a while ago, he had a ban that he never told the insurance company about. He never got his claim, but I would say thats because he was the policy holder.

I think that they can refuse the claim, but I dont think they will.

Who are you with?

Marcusm

YOu need to disclose what you know and make inquiries of the other drivers. If they deliberately withheld the information from you, the insurance company should not have any case as you have dealt with them in "utmost good faith" which is the insurance standard.

Otis Driftwood

You could be in trouble Im afraid Cherie.

The one saving grace may be that its a non fault claim however the insurer would be well within their rights to decline the claim due to non disclosure of material facts.

MugMugs

Otis Driftwood wrote: »

You could be in trouble Im afraid Cherie.

The one saving grace may be that its a non fault claim however the insurer would be well within their rights to decline the claim due to non disclosure of material facts.

I am going to more or less guarantee they won't and if they do they'll lose a challenge. The non disclosure isn't pertinent to the claim and the OP didn't know the ND was banned. I can't see that decline sticking tbh.

bfocusd

I had a problem with insurance happen, last autumn a relatives partner was done for drink driving and failing to pull over, @hole I know! But my relatives policy was cancelled because of what he done, even though he was a second driver and we were on the other side of the country!

So the relative got a new policy just themself, hes not aloud drive anymore (serves him right!) but the relative was a second driver on my car policy too, I was getting insurance quotes this week and as I was ringing around I contacted the place my relative is insured through now, the insurance company know her policy was cancelled and asked did I notify my insurance company, turns out (axa telling me this) if I was to cause an accident my insurance would be void because I didn't disclose that my relative had a policy cancelled! Even though we were with axa!?! Ugh it was a total pain, I've changed my policy to just me, but all of this knock on effect because of that pr!ck, I hope he gets what he deserves for putting other people's lives in danger! It's just unfair that his actions effect us two.

MugMugs

That's different to the OPS situation.

CiniO

The question is will they even ask about his licence while claiming for theft.
I had a claim against my car which was crashed and written off.
It was my wife driving, and she was named on my policy.
When I was making a claim, they asked for a copy of her license, but never asked about my license.

PS - How did you find out one of your named drivers was banned? I understand you found out only after car was stolen - is that right?

If I were you, I would just claim for a theft. Chances they will ask for his licence, are very little, as there is no relation between theft and your named driver.
And even if they ask, you can always tell them you were not aware he was banned, and you only found out now, as he never told you. I can't see how this could invalidate your claim.

bfocusd

MugMugs wrote: »

That's different to the OPS situation.

Its Basis is the same, the policy was cancelled and I didn't inform them, the op has had a policy without all the relevant information disclosed, as the op is the first driver the onus is on them to ensure the policy details are giving in good faith, unless the person banned comes forward and takes the blame for not disclosing the ban to the op, im afraid from my experience it's all on the op, they are the policy holder, I never though for a moment what he done would effect my policy, but it does as it's in my name and it's my responsibility

MugMugs

bfocusd wrote: »

MugMugs wrote: »

That's different to the OPS situation.

Its Basis is the same, the policy was cancelled and I didn't inform them, the op has had a policy without all the relevant information disclosed, as the op is the first driver the onus is on them to ensure the policy details are giving in good faith, unless the person banned comes forward and takes the blame for not disclosing the ban to the op, im afraid from my experience it's all on the op, they are the policy holder, I never though for a moment what he done would effect my policy, but it does as it's in my name and it's my responsibility

Your original post is quite unclear tbh but from what I can draw of it, you knew you were breaching your policy conditions. The OP did not.

MugMugs

CiniO wrote: »

The question is will they even ask about his licence while claiming for theft.
I had a claim against my car which was crashed and written off.
It was my wife driving, and she was named on my policy.
When I was making a claim, they asked for a copy of her license, but never asked about my license.

PS - How did you find out one of your named drivers was banned? I understand you found out only after car was stolen - is that right?

If I were you, I would just claim for a theft. Chances they will ask for his licence, are very little, as there is no relation between theft and your named driver.
And even if they ask, you can always tell them you were not aware he was banned, and you only found out now, as he never told you. I can't see how this could invalidate your claim.

The op said in the opening post that they HAVE already asked...

bfocusd

MugMugs wrote: »

Your original post is quite unclear tbh but from what I can draw of it, you knew you were breaching your policy conditions. The OP did not.

I didn't know. It. Was only when I rang the insurance company my relative is now insured with, when I tried to add her, her details popped up and they asked about her policy being cancelled and asked had I notified my insurance company? Which ok didn't because she done nothing wrong, I went straight over to axa after I heard that and it was true, so I had her removed from my policy there and then. If I though for a moment that would had a effect on my policy it would have been done long ago, I dread to think where I would be if something happened, thank god I found out, it even cost me 50 euro to have the policy edited, but I honestly didn't know.

johnthemull

Cherie
asking for advice like this on the boards is absolutely futile.
its like going into a pub full of pissheads.
take it easy and let your insurance company sort it out.
you wont find any comfort online.:)

MugMugs

johnthemull wrote: »

Cherie
asking for advice like this on the boards is absolutely futile.
its like going into a pub full of pissheads.
take it easy and let your insurance company sort it out.
you wont find any comfort online.:)

Why's that now?

CiniO

MugMugs wrote: »

The op said in the opening post that they HAVE already asked...

Thanks./
Somehow I've missed that.

CiniO

johnthemull wrote: »

Cherie
asking for advice like this on the boards is absolutely futile.
its like going into a pub full of pissheads.
take it easy and let your insurance company sort it out.
you wont find any comfort online.:)

The whole OP's question arose from fact, that his insurance company might want to pull a fast one on him.
In that case letting his insurer sort it out is not the way OP wants it.

He needs advise how to be smarter than his insurer - so far he didn't get any great ideas here yet, but there's always a change.

Looking for advice from his insurer in that case, is out of question.

dillo2k10

What ended up happening here?