Accused of 'fronting'

[softgirl]

Hi, I wonder if anyone can give any advice.

I have recently informed my insurer of an incident whereby my son drove into the back of another vehicle at a roundabout. The speed was slow (edging forward only) and relatively minor damage to the other vehicle. Upon speaking to the insurer they have informed me that because the V5 was in my sons name and the policy lists me as main driver that the insurance policy may be void.

Bit of background history-

My son bought a car on HP but only ever made two payments and I have paid ever since (for approx 2 years). He hardly uses the car as he has a lift to work and uses the car once in a blue moon. I am the main driver and insured the car as so. Reason for not updating the V5 was because I (stupidly) thought that because the car is still being paid off on HP that I couldnt. I know this sounds really niave but it is a genuine mistake. Do I have a leg to stand on when it comes to trying to fight this if the policy is made void. Son is the registered keeper (according to V5) but it does say on there that the registered keeper is not necessarily the legal owner. If I am paying for the car now and I also pay the insurance and am the main driver/user can I legally argue that I am the 'owner'

[Mossycat]

Usually insurers ask on the proposal 'Are you the registered keeper and owner of the vehicle', if they asked that and you replied 'Yes' then it does look like a case of fronting.

 

(It is worth remebering that the registered keeper isn't necessarily the owner which is why the question is phrased as above)

 

Can you remember if you were asked that, and also what you replied?

 

Mossy

[vusys1]

is the policy also benefitting from any NCD? as this is what the insurers will be looking at, V5 in sons name, who pays for the policy,if DD whos account is it,Main user etc. Policy taken out online or phone?

[softgirl]

I honestly cannot remember if they asked this question or not but I wouldnt have lied to them so I'm guessing not? I've had the policy over two years now and it's always been in my name as I really AM the main driver. The policy is paid for in monthly instalments and is paid by direct debit from my own account (account is in my name only as well).

Yes it benefits from my NCD as I was insured on a different car prior to this one (and I no longer own the other car and nor did I own it when I started to drive this one)

I feel physically sick..... How does one defend the 'assumption' of fronting when it genuinely isnt

[softgirl]

*bump*

[honeybee13]

Hi there. You don't have a copy of what you said, I guess. There is a question earlier about whether you bought online or over the phone, which would be the basis of this policy.

 

I don't know if you can find or ask for a copy of your original answers?

 

HB

[loopinlouie]

Does seem a difficult one, as they would have a copy of the original conversation and if anything was incorect as in document, they will probably use that.

 

Hi honey bee thats quick Yep good idea to ask for copy of what said

[softgirl]

Thanks guys

Guess thats my only option to ask the Insurer for evidence

just checked my policy and it says I am the registered owner and keeper

[Mossycat]

Thanks guys

just checked my policy and it says I am the registered owner and keeper

 

And that's the problem.

 

You were asked at the proposal stage if you were the registered keeper and owner (just about every single motor insurer asks that) and you answered that you were, and on that basis the insurer accepted the risk and calculated a premium.

 

Insurance is based on utmost good faith, which isn't present here, you told them something that was incorrect, and fronting is something insurers will not accept.

 

They hold all the cards now, any complaint to FOS would be dismissed, your only option is to contact them and ask them if they will consider dealing with it and explain it was a genuine mistake. If they decide to void the policy (which is quite likely) then you don't really have an argument or anywhere else to go to/complain to.

 

Mossy

[kwaks]

Certainly all points to a fronted policy, HP in sons name and he is the registered owner.

 

Might need to go a bit deeper to defend your position. For instance do you commute to work in it and have a parking permit for work?

 

At the end of the day it will be down to the discretion of the insurer, but other peoples dishonesty has made them pretty firm on their stance over this.

 

Good luck with it, but get it sorted for the future in case of a more serious incident.