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    • . I'm sorry but this is not correct. There is a very long established rule that you are required to exercise utmost good faith (uberrima fides) when becoming a party to any kind of insurance contract. This means that you have quite a strict duty to accept responsibility for disclosing any information which a reasonable person in your position might understand could materially affect the risk. I can imagine that the interpretation of this rule would not be applied quite so strictly to a very new and young driver – but the more that one has been driving and the more insurance policies one has held, then I think that the stricter  this rule becomes. It is also well established that one can misrepresent something simply by withholding information – by silence. I'm sorry to say that I think that this rule and the value of it is so self-evident that it is scarcely worth discussing. I wouldn't start raising this issue if I were you with insurers or the courts because you will come away with a bloody nose and loss of credibility
    • @unclebulgaria67 your point is particularly valid especially in regards to loss in the event of a claim. Irrespective of 2x SP30’s or not the vehicle is insured for its full market value. The insurers rating changes based on risk against those endorsements, where said risk calculation isn’t made available.    Also I question the validation of 22% in premium. Is that based on today’s risk profiling, or is that applied retrospectively to day 1 and can that be evidenced.    One thing that is very clear, is that to bring about any degree of misrepresentation the insurer has to have evidence that questions were asked in regards to the endorsements.   This was an auto renewal and when I’ve checked the Brokers electronic Copy on “My Policy’ at renewal, there is no section included relative to accidents in the last 5 yrs or Motoring convictions. Everything else relative to me and the named driver is listed. 
    • Here is what exposes Johnson & Co Commission document, makes for sober reading   Wonder if Snake Oil Singham has read and digested it?   https://ec.europa.eu/info/sites/info/files/brexit_files/info_site/com_2020_324_2_communication_from_commission_to_inst_en_0.pdf
    • Must be a positive if the Insurers are now using the legislation as it was intended. It is just that I have not heard of it being used for Car Insurance, as the 22% comes from the Insurers rating calculations, which is not available information to the Policyholder. With Home Insurance, if you Insured a Building for £100k, when it should have been Insured for £122k, it is easier to grasp.   The Insurers would have issued the policy documents clearly showing that no motoring offences had been included within the premium calculation and the OP has had 5 months to correct the record with Insurers before the accident.   Perhaps probe the Insurers on the 22%. Can they provide evidence from their Underwriting rating guidance that this is the extra premium for 2 SP30's.
    • Moorcroft are just a first DCA that Natwest use, after Natwest have stopped chasing it.   The debt is still owned by Natwest and is currently sat with Moorcroft, but in a pile with many thousands of others.   If your new postal address is showing on your credit file, Moorcroft would have sent letters if they thought this was a priority debt to chase.     
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arthur_daley

never claimed before help needed

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my wife was in a minor crash she was pulling out of a juction on a small road (in a built up area) turning left there was a 7 1/2 tonne lorry coming from the left which was indicating to turn right into the road she was coming out from then when he saw how tight the road is as it has cars parked on both sides all the way down he changed his mind at the last min which in turn made the back of the lorry swing out as they do and catch the front drivers side wing and prob written the car off.at the point of impact my wife had stopped with her wheels just over the white lines at the juction as she saw what was happening and stopped to give him room.it was a hire lorry and we have put in a claim but now the lorry driver is disputing the claim saying that my wife had kept going out of the juction when she should of stopped and given him room.she did stop but like i said she was only just over the white line and if he hadnt changed his mind he wouldnt of hit the car.id like to know if as my wife was stationary at the time would the onus be on the lorry driver to stop before the accident happend.it was at very low speed and there was no damage at all to the lorry.we do have a witness its just that my wife is worried that he can lie and we will end up with nothing but a damaged car.please advise and help if you can.thank you just remembered at the end of the chat at the scene of the crash he said sorry even tho he was very rude at the start

Edited by arthur_daley
forgot something

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Get a written statement from the witness. If they back up that your wife was stationary and had left the lorry with plenty of room to pass by then you should be fine.

 

This should be all that your insurance company will need to persuade the lorry driver's insurance company that it should be a non-prejudicial claim. The cost of taking such a claim to court when you have an independent witness against you is so high compared to the chance of winning that the lorry driver's insurance company will most likely decide to settle regardless of what the lorry driver states.

 

 

Things are never clear cut in these situations, but you need that witness report as soon as possible. Were the police called? Hopefully they will have the statement from the witness already.

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thank you for your advice.the police wasnt called and we are going to try and get the statment tomorrow.the insurance company asked for pictures of the damage today and we are also going to take some of the road he was trying to turn into where my wife was about to come out from to show how unsuitable it is for lorrys

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