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Motor insurance - disclosure of previous claims

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  • 16-09-2019 3:35pm
    #1
    prettylittle
    Registered Users Posts: 5 ✭


    When my sister was applying for motor car insurance through a broker she does not remember being asked about her claims history.

    When filling out a Motor Incident Report Form after a recent car accident she listed a few claims for car damage from previous motor accidents.


    The recent accident involves a claim for car damage and for personal injuries. What are the likely legal consequences of this?


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    #2
    coylemj
    Registered Users Posts: 25,355 ✭✭✭✭coylemj


    So she didn't think it strange that the broker didn't ask her about her claims history? And it didn't occur to her to alert the broker to the fact that her record wasn't altogether squeaky clean?

    She signed a proposal form which stated that she had no claims in the previous xx years, this was clearly a false declaration.

    What will happen? The insurance company will renounce the policy.


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    #3
    MarkR
    Moderators, Regional Midwest Moderators Posts: 11,064 Mod ✭✭✭✭MarkR


    Even if they didn't ask (which would surprise me, but people are people, and can make mistakes), she would have received a letter confirming the basic details. Name, address, car details, any No claims bonus etc.

    If she received and signed off on that, her insurance would be void. I think the insurers still pay the affected party directly, but have the option of suing the insured for the cost?


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    #4
    prettylittle
    Registered Users Posts: 5 ✭prettylittle


    coylemj wrote: »
    She signed a proposal form which stated that she had no claims in the previous xx years, this was clearly a false declaration.

    She signed a proposal that she had no accidents in the previous five years which was true.


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    #5
    GM228
    Registered Users Posts: 8,925 ✭✭✭GM228


    prettylittle wrote: »
    She signed a proposal that she had no accidents in the previous five years which was true.

    But...
    prettylittle wrote: »
    When filling out a Motor Incident Report Form after a recent car accident she listed a few claims for car damage from previous motor accidents.

    So the details she gave were more than 5 years previous?


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    #6
    prettylittle
    Registered Users Posts: 5 ✭prettylittle


    GM228 wrote: »
    But...



    So the details she gave were more than 5 years previous?

    Yes they all were older than five years.


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    #7
    mrsbeebee
    Registered Users Posts: 83 ✭✭mrsbeebee


    prettylittle wrote: »
    Yes they all were older than five years.

    Then she's fine. She answered the questions on the proposal form truthfully. If the insurance company has a problem they will contact her but it sounds fine.


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    #8
    Eggs For Dinner
    Registered Users Posts: 2,945 ✭✭✭Eggs For Dinner


    prettylittle wrote: »
    Yes they all were older than five years.

    Once they were older than 5 years when the policy was taken out, it should be OK (some insurers ask about 3 years).


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    #9
    coylemj
    Registered Users Posts: 25,355 ✭✭✭✭coylemj


    prettylittle wrote: »
    When filling out a Motor Incident Report Form after a recent car accident she listed a few claims for car damage from previous motor accidents.

    I'm curious as to why she mentioned those (older than 5 years) claims on the accident report. If they originally only asked about claims in the past 5 years, why mention those older claims now?

    Did they ask a different question on the accident report form?


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    #10
    prettylittle
    Registered Users Posts: 5 ✭prettylittle


    coylemj wrote: »
    I'm curious as to why she mentioned those (older than 5 years) claims on the accident report. If they originally only asked about claims in the past 5 years, why mention those older claims now?

    Did they ask a different question on the accident report form?


    Yes they asked for all previous claims.


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