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Insurance problem!

  • 09-12-2013 10:12am
    #1
    Registered Users, Registered Users 2 Posts: 224 ✭✭


    I just found a letter stating that my policy had been canceled two months ago because I did not install a device in my car to monitor my driving - just checked there and it must have come loose and fallen out bacuse it is not there anymore.

    Obviously I need to get insured right away with a different company but do not want to be reported for driving without insurance - how do I do this?

    In a bit of shock here to say the least. The tight b+stards had it down as registered post but scribbled it out in Biro!


Comments

  • Registered Users, Registered Users 2 Posts: 13,237 ✭✭✭✭djimi


    Driving without insurance shouldnt be an issue (unless you were pulled by the Gardai/involved in an accident after the policy was cancelled). Your biggest issue is going to arise when asked by insurers if you have had a policy cancelled. You will have to say yes, and it is likely to cause you a major headache.

    You need to get onto the insurer and see if you can sort out this situation with them first.

    Also, pleading ignorance to a letter recieved two months ago stating that your policy has been cancelled is not likely to get you very far had you been stopped...


  • Registered Users, Registered Users 2 Posts: 1,210 ✭✭✭Pedro K


    Robroy36 wrote: »
    I just found a letter stating that my policy had been canceled two months ago because I did not install a device in my car to monitor my driving - just checked there and it must have come loose and fallen out bacuse it is not there anymore.

    Obviously I need to get insured right away with a different company but do not want to be reported for driving without insurance - how do I do this?

    In a bit of shock here to say the least. The tight b+stards had it down as registered post but scribbled it out in Biro!
    You won't be reported for driving with no insurance. You will have to tell the new insurer about the cancelled policy. That may cause issues.


  • Registered Users, Registered Users 2 Posts: 224 ✭✭Robroy36


    Do they not have to send it by registered post? If I was pulled over I would still have the disk etc? They have not ensured I got their correspondence so surely th policy is still valid?


  • Registered Users, Registered Users 2 Posts: 13,237 ✭✭✭✭djimi


    I dont think they are required to send it registered, no. It does seem odd however that they would cancel the policy without warning you first.


  • Registered Users, Registered Users 2 Posts: 81,220 ✭✭✭✭biko


    You need to ensure to be insured.
    Get in touch with the current insurer and see if you can patch things up with them.

    Hmm, "did not install" or "fall off"? If it fell off they should just have alerted you to this fact no? Instead of cancelling your policy I mean.

    Speak to your insurer.


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  • Registered Users, Registered Users 2 Posts: 224 ✭✭Robroy36


    The terms say "we will send you ten days' notice of cancellation by registered letter" - I never got any registered letter - just a letter with registered scribled out - not signed for.


  • Closed Accounts Posts: 4,754 ✭✭✭oldyouth


    Once they can prove they sent a letter by registered post to your last known address, that is sufficient. They do not have to prove that you received or accepted it.

    I've never known an insurer go straight to cancellation without trying to correspond with the client a few times prior to that. 'just found a letter' doesn't sound right to me


  • Registered Users, Registered Users 2 Posts: 224 ✭✭Robroy36


    Rang them and explained that I had not gotten any correspondance about the device - they said they had sent it. Told them that it was complete nonsense that they would cancel in this manner - they had reposted the letter to me last week when An Post sent it back to them. Waiting for them to get back to me regarding reinstatement - might be walking to meeting later this afternoon!


  • Closed Accounts Posts: 4,754 ✭✭✭oldyouth


    Robroy36 wrote: »
    Rang them and explained that I had not gotten any correspondance about the device - they said they had sent it. Told them that it was complete nonsense that they would cancel in this manner - they had reposted the letter to me last week when An Post sent it back to them. Waiting for them to get back to me regarding reinstatement - might be walking to meeting later this afternoon!

    What did you mean by 'just found a letter' in your original post? Is it possible other letters are in the same place?


  • Moderators, Business & Finance Moderators Posts: 17,861 Mod ✭✭✭✭Henry Ford III


    djimi wrote: »
    Driving without insurance shouldnt be an issue (unless you were pulled by the Gardai/involved in an accident after the policy was cancelled)....

    Driving without insurance is a serious issue I'd have thought.


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  • Registered Users, Registered Users 2 Posts: 13,237 ✭✭✭✭djimi


    Driving without insurance is a serious issue I'd have thought.

    It is if you get caught. The OP doesnt seem to have been stopped in that time, nor do they mention causing an accident, so unless they go into a Garda station and confess then I really dont see how it would come to anything now?


  • Registered Users, Registered Users 2 Posts: 224 ✭✭Robroy36


    As it turns out they sent the registered post in September but An Post returned it to them last week on the 4th so they posted it back as normal post last week - it was dated September so I just assumed that it had been lying there with the junk mail when I found it today. Must have arrived this morning. I work from home most days so it is unlucky that I missed the first one.

    Head is absolutely melted. I am really going to struggle to get re-insured according to the companies I have been talking to.


  • Registered Users, Registered Users 2 Posts: 12,866 ✭✭✭✭bear1


    I'd say a broker now is your best bet.
    Count yourself lucky you didn't get involved in a crash as getting insurance would be the least of your worries now.
    The insurer though should have also called you or something instead of a poxy letter but it's their way of proving innocence in case something happened.
    Hopefully you can resolve it through them


  • Registered Users, Registered Users 2 Posts: 224 ✭✭Robroy36


    Yeah - I know. Luckily I didn't have a crash - I would be in a very bad place.

    Brokers are a no no - they have all said "computer says no" once I mention the canceled policy. It's pretty ridiculous - perfectly responsible, capable driver - and I'm being treated like a 17 year old boy racer who has been involved in multiple pile ups.


  • Registered Users, Registered Users 2 Posts: 12,866 ✭✭✭✭bear1


    How many years NCB do you OP? I'm assuming you are 36 judging by your username.
    Do you have a Wife/GF? If yes then I think you could put the car in their name and put you down as a named driver.


  • Registered Users, Registered Users 2 Posts: 224 ✭✭Robroy36


    bear1 wrote: »
    How many years NCB do you OP? I'm assuming you are 36 judging by your username.
    Do you have a Wife/GF? If yes then I think you could put the car in their name and put you down as a named driver.

    28. Two years named, 7 months with other company before they canceled. Don't live with the GF so no point putting it in her name, any claim would be ignored.


  • Registered Users, Registered Users 2 Posts: 12,866 ✭✭✭✭bear1


    Bollocks.
    Keep pushing your old insurer. The only ones now I'd say that will entertain you.
    Also, if you try the same insurer 3 times and they still refuse to insure you then I think you can ask the regulator to force them to insure you.
    Someone will know better than me of course but I imagine the quote won't be friendly


  • Registered Users, Registered Users 2 Posts: 13,237 ✭✭✭✭djimi


    If youre desperate then you could try XS Direct; the policy wont be pretty but I doubt they will care about the cancellation.

    Also maybe try ARB brokers in Dublin; they used to be worth a shout when it was hard to get a quote elsewhere.


  • Registered Users, Registered Users 2 Posts: 224 ✭✭Robroy36


    AXA quoted me 1800e - my old policy was 645e!


  • Registered Users, Registered Users 2 Posts: 224 ✭✭Robroy36


    Is there a difference between canceling and voiding a policy?


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  • Registered Users, Registered Users 2 Posts: 13,237 ✭✭✭✭djimi


    My interpretation would be that cancelling would take effect from the point of cancellation (as in, the policy was valid up until that point), whereas voiding would mean that the entire of policy was cancelled and effectively never existed.

    Whether or not it makes a difference legally I dont know.


  • Closed Accounts Posts: 4,754 ✭✭✭oldyouth


    djimi wrote: »
    My interpretation would be that cancelling would take effect from the point of cancellation (as in, the policy was valid up until that point), whereas voiding would mean that the entire of policy was cancelled and effectively never existed.

    Whether or not it makes a difference legally I dont know.

    Correct


  • Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    djimi wrote: »
    I dont think they are required to send it registered, no. It does seem odd however that they would cancel the policy without warning you first.

    Compulsory insurance regulations require and cancelation of a motor insurance policy be sent by registered post.


  • Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    Robroy36 wrote: »
    As it turns out they sent the registered post in September but An Post returned it to them last week on the 4th so they posted it back as normal post last week - it was dated September so I just assumed that it had been lying there with the junk mail when I found it today. Must have arrived this morning. I work from home most days so it is unlucky that I missed the first one.

    Head is absolutely melted. I am really going to struggle to get re-insured according to the companies I have been talking to.

    I think any good solicitor would tell the insurance company the the policy was not correctly cancelled. Get on to this straight away. The insurance company may agree to reinstate insurance.


  • Registered Users, Registered Users 2 Posts: 13,237 ✭✭✭✭djimi


    infosys wrote: »
    Compulsory insurance regulations require and cancelation of a motor insurance policy be sent by registered post.

    Fair enough, my bad.


  • Closed Accounts Posts: 4,754 ✭✭✭oldyouth


    infosys wrote: »
    I think any good solicitor would tell the insurance company the the policy was not correctly cancelled. Get on to this straight away. The insurance company may agree to reinstate insurance.

    But the OP has agreed that the insurer did send the registered letter. It doesn't matter that it was never received or signed for.


  • Registered Users, Registered Users 2 Posts: 224 ✭✭Robroy36


    infosys wrote: »
    I think any good solicitor would tell the insurance company the the policy was not correctly cancelled. Get on to this straight away. The insurance company may agree to reinstate insurance.

    Ok - can anyone recommend a solicitor that they have used in the past for insurance companies?


  • Registered Users, Registered Users 2 Posts: 224 ✭✭Robroy36


    oldyouth wrote: »
    But the OP has agreed that the insurer did send the registered letter. It doesn't matter that it was never received or signed for.

    I never agreed that with them - it is apparent from what they said that they did but I could not swear that they did or did not send it via registered post. I'm just taking their word for it.


  • Registered Users, Registered Users 2 Posts: 8,565 ✭✭✭K.Flyer


    Robroy36 wrote: »
    Do they not have to send it by registered post? If I was pulled over I would still have the disk etc? They have not ensured I got their correspondence so surely th policy is still valid?

    Window disc means nothing, if they cancelled your insurance, then you have no insurance.
    You will need to sort it out with your previous insurer, if they followed procedure you will find it very difficult to get quoted elsewhere.
    Don't go in all guns blazing either, you need them on your side now, as they are probably the only ones who may insure you.


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  • Registered Users, Registered Users 2 Posts: 224 ✭✭Robroy36


    K.Flyer wrote: »
    You will need to sort it out with your previous insurer, if they followed procedure you will find it very difficult to get quoted elsewhere.
    Don't go in all guns blazing either, you need them on your side now, as they are probably the only ones who may insure you.

    Got a few quotes

    AXA 1800
    Liberty 937
    Glennon 787 via Kenco

    All on a 2 liter BMW 3 series estate, with zero no claims bonus.

    Nononsense had been 647.

    Speaking to a few insurance companies, it is a case that if they provide me a quote they will ingnore the canceled policy. Those that will not ignore it will simply refuse to quote.


  • Registered Users, Registered Users 2 Posts: 2,496 ✭✭✭irishgrover


    is the purpose of a registered letter not to ensure that it has been signed for. that is, received?
    OP are you stating that
    a.) The ins co. sent you a registered letter
    b.) You did not received it (if not, do you know why?)
    c.) It was returned to sender by An Post as undelivered
    d.) The sender just resent it in a non registered fashion?

    If the above is correct (and it may not be) do you konw what caused the registered letter to be not received by you?
    Again if the above is correct, could you not contact the ins co and state catagorically that you did not receive the letter of cancelation by as per the T&Cs and demand continued coverage?

    one way or the other best of luck


  • Registered Users, Registered Users 2 Posts: 224 ✭✭Robroy36


    is the purpose of a registered letter not to ensure that it has been signed for. that is, received?
    OP are you stating that
    a.) The ins co. sent you a registered letter
    b.) You did not received it (if not, do you know why?)
    c.) It was returned to sender by An Post as undelivered
    d.) The sender just resent it in a non registered fashion?

    If the above is correct (and it may not be) do you konw what caused the registered letter to be not received by you?
    Again if the above is correct, could you not contact the ins co and state catagorically that you did not receive the letter of cancelation by as per the T&Cs and demand continued coverage?

    one way or the other best of luck

    The line they are spinning me is that they just have to send it registered - after that there is no obligation on their behalf to follow up. Which is I suppose one reading of the T/C's.


  • Registered Users, Registered Users 2 Posts: 224 ✭✭Robroy36


    [QUOTE=irishgrover;87922053
    a.) The ins co. sent you a registered letter
    b.) You did not received it (if not, do you know why?)
    c.) It was returned to sender by An Post as undelivered
    d.) The sender just resent it in a non registered fashion?

    If the above is correct (and it may not be) do you konw what caused the registered letter to be not received by you?
    [/QUOTE]

    All correct - no idea why it was not received. I have been at the same address for two years now.


  • Registered Users, Registered Users 2 Posts: 2,496 ✭✭✭irishgrover


    Robroy36 wrote: »
    The line they are spinning me is that they just have to send it registered - after that there is no obligation on their behalf to follow up. Which is I suppose one reading of the T/C's.

    Fu(k me, it that is their interpratation of customer service then imagine what ****e the would come up with to avoid paying a claim.....


  • Registered Users, Registered Users 2 Posts: 224 ✭✭Robroy36


    Fu(k me, it that is their interpratation of customer service then imagine what ****e the would come up with to avoid paying a claim.....

    Yes - complete nonsense. Which given their name is quite ironic...


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  • Registered Users, Registered Users 2 Posts: 8,565 ✭✭✭K.Flyer


    Robroy36 wrote: »
    Yes - complete nonsense. Which given their name is quite ironic...

    Who are part of FBD who would not quote me because of a cancelled policy either.


  • Registered Users, Registered Users 2 Posts: 27 Patrickglen


    Try the Insurance ombudsman and or the Small Claims Court


  • Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    Try the Insurance ombudsman and or the Small Claims Court

    Not sure the small claims court can do anything in this case.


  • Registered Users, Registered Users 2 Posts: 224 ✭✭Robroy36


    Insurance ombudsman might be worth my while but to be honest I run a small business and do not have the time to be messing about like that. I am just going to go with Glennon tomorrow afternoon. I wasted an afternoon ringing around insurance companies sweating it out, getting PFO's etc. I am just want to put it behind me and get back to working towards that 911. ;)


  • Registered Users, Registered Users 2 Posts: 13,237 ✭✭✭✭djimi


    Insurance ombudsman would only come into play if you want to dispute the actions of the previous insurer. The OP has gotten quotes so they wont get involved at that end of it.


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  • Closed Accounts Posts: 4,754 ✭✭✭oldyouth


    Fu(k me, it that is their interpratation of customer service then imagine what ****e the would come up with to avoid paying a claim.....

    If an insurance company had to ensure that the policyholder signs and receives the letter, they would never be able to come off cover. All a client would have to do is refuse to sign for it and the policy would continue on until renewal.

    If the insurer can prove they initially sent a registered letter to the last known address, well that is the end of it. Terms and conditions from their end have been complied with. As other posters have said, approach them again, calmly, and see what can be achieved. Failing that, take the best alternative quote, disclosing the situation fully


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