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Hi All

Need some advise

I sent a letter to my insurance (diamond) discussing various issues I had with settling me claim my main issues:

 

My first issue was :

During my claim I spoke to Mark Davies on various occasions often ringing him and asking him to call back, which on many occasions he failed to do so. After receiving the letter on the 3rd of October 08 asking for documents including the theft report form, V5 registration, MOT, certificate of motor insurance, purchase receipt, all car keys, recent photograph and service history. When I sent the documents in I did state I didn’t have purchase receipt, I also told Mark Davies on the phone and on the 14th of October I also spoke to Sarah who I told the same thing. The investigator who came around was also told the same thing. On numerous occasions I was told that’s ok, under the terms and conditions of the policy

"the insured person must instruct the appointee representative to produce us immediately any documents, information or advice in their possession”

In the terms and conditions of the policy it has not said that I need to keep the receipt, which I haven’t kept. If this was made clear at the time of purchase of the policy, I would have kept this piece of information with my documents.

The response I got :

I note you told both Mark and Gavin you were no longer in possession of the purchase receipt, Gavin then requested other documentary evidence such as your bank statement, as you had previously advised us you had paid at least part of the purchase price on a debit card. I appreciate your view that it does not advise of this in our policy booklet, unfortunately, we are unable to list every item that may potentially be required, for example, neither do we advise you to keep your MOT certificate or V5, however, it is generally accepted that these may be needed at some point in the future and are relevant to the vehicle. Given the fact the car was purchased this year, I feel it is reasonable to retain the receipt, any charges made by your bank for the service of providing a statement in lieu of the receipt misplaced by you, cannot be attributed to Diamond. As Gavin has previously advised you, under the General Conditions of your cover section of your policy booklet, General Condition 2 states

 

My response to this is :

"i would like to point out here that legally a owner of a car is required to keep a V5 and a MOT certifcate, however you are not required to keep a purchase reciept, therefore whether i misplaced it or put it in the bin shouldn't matter. You should clearly state in your policy that ownsership of vehicle is not enough and proof of purchase is required. Therefore I feel that you consider it reasonable for me to provide this to you as unacceptable, including the bank statement as I said before the bank statement is personel item"

 

My second point is

As a customer my insurance for my motor policy has been cancelled but a settlement has not be made, right now I have no car, no settlement and no insurance.

The response I have got is

 

Concerning the settlement of the claim, as you are aware, we still await the Police report; we received a letter on 02/12/2008 to confirm it is currently being processed. The File Handler will inform you on receipt of the report and advise how we will proceed with the claim.

 

I feel my insurance policy should not be cancelled and I should be allowed to use it for another car until you make a settlement on the previous car.

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I feel my insurance policy should not be cancelled and I should be allowed to use it for another car until you make a settlement on the previous car.

 

Unfortunately this is not the way insurance law works when the claim is for a total loss (which I assume is the case as you say you have no car). In the situation of a total loss claim the contract is considered fulfilled. It's not that it's cancelled as such, it's that it has been completed.

 

This is a complex area that revolves around the concept of insurable interests, that Mossy an some others have explained much better than I can. The basic idea however is that you can only insure something which you would suffer a loss from if the worst happened. Thus I cannot insure your car in the "hope" you have an accident, because (as well as being morbid) that is gambling, and not insurance. In a total loss claim there is no longer anything left to insure, and because there is no longer an insurable interest the contract can no longer be in effect - there's nothing left to cover.

 

 

Now in this modern age we're used to easily (if expensively in most cases) being able to alter our policy details, such as if we get a new vehicle or move house. Thus it is a common question to ask "why can't I just change the policy details to the new vehicle". However it is because of the above - that in a total loss the contract is fulfilled and thus over. If you want insurance you must take out a new policy.

 

 

I'm sorry that this is not the answer that you are looking for, but I hope my explanation has helped to clear the matter so that at least you know why it works the way it does.

 

 

 

What is now important is that you harass your insurance company to make a settlement (that you are happy with) as quickly as possible. I'm surprised that they have asked for a receipt as prrof of ownership. I don't work in claims so I can't comment as to how common a request this is, but I've never known it to be a necessary part of the contract.

 

However even if it were to be necessary then you have a good claim in that this was not explained to you clearly. I mentioned in a previous thread that insurance companies are not allowed to nit-pick over insurance contracts, and have to have a very solid reason to not consider you as being covered. I doubt very many people could prove that they owned a vehicle beyond their registration document (which is actually proof of who is the registered keeper, and not who is the owner). or having the key.

 

Personally I think you should politely tell them to stick it, but being more constructive I'd say if you could not get a copy of the receipt (or a statement of sale if you bought it from a dealer, as the record of sale should still be on the books) then you should reply to that letter stating that it is unreasonable for them to assume that you are not the owner of the vehicle unless they have good reason to doubt you. I assume that the V5 is in your name?

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