Car insurance has been cancelled without my knowledge

[ThomYorke]

I am aware that this is similar to a thread running in this forum, but as my circumstances are slightly different I thought it would be best to start a new thread.

I was hit from behind whilst approaching a junction a few days ago by another car, in the melee the other car did not stop to give insurance details. Later on I informed the police of the accident and ultimately so did the other car, so now we have each others details.

I then called by insurance company to inform them of the accident (the damage is not extensive, so I was not planning on making a claim). The insurance company have said that my insurance was cancelled two weeks ago and gave no reason for cancellation, nor I have I received any communication relating to a cancellation. After numerous phone conversations with the company, they are now claiming that they sent a letter communicating this cancellation, but I have never received such a letter.

The car insurance policy has been running for two months and I received my documents including a certificate of motor insurance through the post a few days after ordering. However, no money has ever been taken out of my account (this was brought to my attention by the insurance company), regrettably I did not check to see if the company had taken the money (which was to be paid in one sum up front and the funds in my account would easily cover). I took the email I received and the letter/documents sent to my home a few days later as proof of the transaction.

After more conversations with the insurance company, who contacted their underwriters, they won't budge. Although from reading these forums I have become aware that backdating insurance is illegal, I thought they might offer to issue a letter of indemnity.

The upshot of all this is that I was in an accident without insurance (although this was not known by me at the time). I have no idea if the other party involved will claim to their insurance company, or whether the police will get involved further.

Could anyone advise me on the best course of action to take from here, I have contacted a solicitor and intend to complain to the financial ombudsman. Is this the best route to take, is the case worth pursuing? Any advice would be greatly appreciated.

	The Financial Ombudsman Service For the most part, don't bother. The Ombudsman is an industry arranged service which is under-resourced, takes too long, lacks clear transparency. You have no idea what evidence the FOS has received from the bank or how your complain has really been handled. The FOS is the preferred complaints route for the banking industry. The county court is to be preferred by consumers for its speed, openness, the quality of its awards and also because it will award 8% interest on top of any damages won by you. The Ombudsman should normally be used to solving little technical difficulties or customer service problems which you have expereinced with your bank.

	Car Insurance

[MrShed]

There must be a reason for cancellation in some fashion.

This would sound as if they have attempted to take payment and failed.

What insurance company is it?

[ThomYorke]

Insurance company is More Than.

I can only assume the policy was cancelled because the payment has failed, despite as I noted above, enough money being in my account throughout this period to more than cover the cost of the policy (which was to be paid in full for the years premium).

[Wulfyn]

I would say the first thing to do would be to check with your bank account (or whatever method you chose to pay by) to see if funds were requested by the insurance company. If they never attempted to take a payment then you're in a very strong position. If they did and it failed through no fault of yours then your bank could be liable.

However I still think you are in a strong position because the insurance company has to tell you when they cancel a policy (otherwise anybody reading this could be driving uninsured without realising it!) If it was running for 2 months then I assume they are looking to claim payment for the length of time they covered you for (plus maybe a cancellation charge).


Think of it this way - you signed a contract with an insurance company, and them sending you the certificate was proof of their acceptance. Now assuming you have not done anything to break the conditions of that contract (such as non-payment) then they have no right to cancel it. If they have cancelled it illegally then they are legally liable to cover any damages you suffer through breach of contract (rather than by indemnity, if that makes sense?).

[sim42]

hey, I really feel for you. as you know I’m in a similar situation and I know what w*****s insurance companies can be

do everything you can to not involve the police. if they whiff a chance to get some money off you they will. Seriously it’s not a road you want to go down as it will involve a lot of time, energy and money and hassle you just don't need.
you said that after the accident you informed the police. I'm surprised that when you did this it didn't flash up on the police national computer as no insurance. Maybe they didn't do the check, which is good.

In my opinion this is an unfortunate situation for which is not your fault. However unfair this is though, I think you would be best to cut and run. If you have the details of the other driver, try and phone him and offer compensation without going through the insurance companies if the accident was your fault. If it wasn't your fault I can't see why you can't claim off his insurance without even involving your insurance company

Sue morethan. But only do this when the dust has settled and your sure the police won't get involved. If they do and discover there was no insurance on the car the following will happen.
The courts will send you a summons to attend court for no insurance

this will give you three options: 1. plead guilty by post. 2. plead guilty and go to court to explain your mitigating circumstances 3. plead not guilty and go to court at a later date.
DO NONE OF THESE. Instead write a letter to the courts asking for a special reasons hearing. In the letter explain in detail and with evidence your special reasons.
You will then have to go to court and present your case (as is happening to me next Monday). If you can convince the court you won't get any penalty points.

good luck

[ThomYorke]

An update:

I contacted a solicitor to try and sort things out with More Than, to date the solicitor has struggled to speak to their underwriters.

Today I received a letter from the insurance company of the other person involved in the accident, stating that they hold me responsible for the incident and will therefore look to reimburse their losses (I maintain that there's no way the accident could be construed as my fault, having been hit in the side by a vehicle coming from behind).

I genuinely don't know what to do now, I perhaps naively hoped this would blow over, as the damage sustained wasn't extensive. I have contacted my solicitor again but haven't been able to speak with her today, so I turned here for advice.

How should I now respond to the other insurance company's letter? They want the name, address and policy number of my insurer - obviously, as highlighted in a previous post, my insurer has cancelled my policy (without my knowledge).

Should I try and contact the other driver/company (it was a company van) in an attempt to settle outside of the insurance companies, or is it too late for such an action? The financial implications don't worry me, although I am technically unemployed as a full-time PhD student, as much as the possible criminal conviction. A conviction of driving without insurance would likely ruin my career as an academic

What is the likely scenario of this case, especially if my solicitor cannot get More Than to back down? I've heard that driving without insurance is not a mens rea case, so if it goes to court do I have no defense?

Any help/advice would be gratefully appreciated