Insurance company gave wrong information and lease car got repossessed

[solly]

Hi all,

 

I Need need some help on a problem I am having with getting a letter from the insurance company stating that I was insured on a car.

 

I took out a motor traders policy in july 2007 and gave the details of the car to the broker, I also had a few other cars on the same policy. the copy of the insurance policy does not have individual cars listed just that I can drive any car.

 

The leased car I had was going to be repossessed in september 2007 due to arrears I was unaware of and paid off, then they came and took the car back and claimed it was because their was no insurance on the vehicle.

 

I made enquiries with the broker who told me I was fully insured, after several months the lease company sent me a bill for repairs carried out which were way in excess and I refused to pay, they are now taking me to court, they never sent me any form of default notice and insist that in the terms and conditions it says they can take back the vehicle at anytime if they deem appropriate.

 

I need a letter from the insurance company or the broker stating that I was insured but the broker says they can not send one until the insurance company agree and the insurance company have been fobbing me off with excuses and requests for information which I have already provided to the broker.

 

Apparently one of their employees during some updating told the lease company I was not insured and they do not want to be held liable for thier mistake. I told them all I wanted to do is prove I was insured.

 

My question is.. Can I do anything to force or demand the information according to law or their obligations and give me a letter with the information needed?.

 

Can anyone help please let me know.

 

Thanks

Solly

[mkb]

Hi Solly

I really don't know what to say except poor you

 

Why though isn't your insurance policy not sufficient? Surely if it states that you are covered to drive ANY car, that should be enough shouldn't it

 

Hope you get it sorted soon. Someone from this wonderful group will know & point you in the right direction.

[solly]

Hi mkb,

 

Yes normally it should have been, but in court the lease company will say that the car was taken back because I had no insurance, they changed their story from me not having any insurance to not having insurance on that car, which because its not listed on the policy, I can not prove unless the insurance company provide me with a letter as proof.

 

The insurance company are at fault for giving wrong information that resulted in the car being repossesed half way through it's contract and the lease company "spent" monies putting the car back to what they deem was an appropriate condition and they want the cost back.

 

Because no default notice was sent I am hoping that that will be enough to stop them but are they able to produce a default notice even if they did not send one by just printing one up ?

 

How would you be able to prove that a DN was printed after the fact, in the last 1 1/2 years they have never mentioned a DN even though I have told them that they never contacted me regarding the original arrears and there was no time between paying off arrears and being repossessed for what they say was not having insurance (2 days)

 

Thanks again

Solly

[Helford]

Hi Solly,

 

Although you may have had a perfectly valid motor trade insurance policy and have told the insurer/broker of the vehicles that you had at inception there is still a legal requirement for you to update the Motor Insurers Database with the details of your own vehicles, any trade plate numbers and details of any stock vehicles that you will have for more than 14 days. Your policy document will explain the procedure that you have to adopt to update your policy - I am afraid that the onus is on you to deal!

 

You can check if your vehicles are on the MID database (As used by the Police National Computer/ANPR system) by googling 'AskMID' and entering your registration number.

 

It is possible that the finance company checked the insurance this way? You will have had valid Certificates of Insurance for the periods of insurance. You can always ask the insurance company for a 'Letter of Indemnity' to confirm that this vehicle was insured at the time.

 

 

p.s. Who is the insurance company concerned?

H

Edited July 31, 2009 by Helford
p.s. Added

[solly]

Hi H,

 

'Letter of Indemnity' is what I have requested and the vehicle was notified to the broker at the time I took out the insurance as I had had the car for 3 months on a monthly insurance until I took out the traders policy.

 

What I have been told by the broker is that the insurance company do not want to be held responsible for giving the lease company the wrong information, all be it unintentionally.

 

Are they obliged to give a letter of indemnity if the insurance was on the vehicle and was listed on the brokers system but not thiers and the broker has told the insurance company that it was notified to them on inseption?

 

It was not my fault, they had some problems with their computer systems that at the time of enquiry did not list this and other vehicles, but recently Ienquired with them and was told by the broker all the vehicles I had listed at that time, this included the vihicle concerned.

 

 

Thanks

Solly

[Helford]

Solly,

 

Which Insurance Company and did you update the Motor Insurers Database?

[solly]

Hi Helford,

 

I would rather not give the name on the insurance company just yet, as I am still trying to get this info from them,I did not need to update the database because the vehicle was notified to them at the time I took the insurance out.

can anyone suggest a legal remedy to get this info or if there is some legislation that I can use to force them to give this info?

 

thanks

solly

[Helford]

Solly,

 

I appreciate that you do not want to name the insurance company, but in the main, even though you notify the insurance at inception of the vehicles for Underwriting purposes, most insurance companies STILL require you to update the MID - what does your policy document say on this matter. Please feel free to PM me with the insurance company name and I will tell you what the Company's normal procedure is.

 

H

[Helford]

Solly,

 

Assuming the policy is still in force, it's worth checking that your current vehicle(s) are insured by checking the Motor Insurers Database here:-

 

ASKMID