Car insurance refusing to pay out on stolen hardtop

[Mrdini]

Hello,

 

Several weeks ago, I went away for a 3 weeks holiday, leaving my MX5 parked outside my parents for the duration of my trip. Shortly after going away, someone broke into my car and stole the hardtop.

 

My father put in a claim on my behalf for a broken window, damaged paint & the hardtop. A while later, the insurers came back saying they would not cover the hardtop as it was a modification!

 

Upon returning, I have been trying to chase this up with the insurer but it has proven very slow going as they have been very slow at replying to their emails, plus they have been quite evasive with their answers. (I'm profoundly deaf so while I can ask someone to phone them to chase them up, it's hard to make any real progress on the phone due to the DPA).

 

So far...

* They have refused to cite the specific clause under which they are denying my claim for the hard top (I have a fairly good idea which clause from my own reading of the policy, but I want them to confirm this in writing)

* They are saying that to cover the hardtop, I have to provide documentary proof from the original sale of the car which took place in 2002 and 5 previous owners ago! Obviously, this is non-existent.

* I was told by the previous owner (& I have no reason to doubt his word) that the hard top was an original part.

* Furthermore to the above, I was under the impression that I had insured the car in full, and that everything was original to the best of my knowledge, so I declared the car as having no modifications.

* Insignificant but - I checked the online quote page just now and there is no mention of a removable top/roof/anything relevant in the list of modifications that I can declare. In my policy documents, the only way to notify them of modifications is apparently by phone.

* I have left the insurer's name out for now (let me know if it's okay to post?) - but they're part of the Admiral group.

* They will not retroactively cover my hard top for any sum & have said (on phone so not sure if this is correct) that they would not have covered my car if I had notified them of the hardtop at the outset, standard as it may be. I should stress I'm a bit unsure if I've got this one right - no emails so far.

 

At the end of the day, do I have any recourse, such as small claims court, or alternatively a full refund of my money on the grounds I was not given the service that I was expecting? (namely cover of my car in its entirety)

 

Regards,

 

Y.

[2ltr16valve]

Have you contacted the manufacturer to see if they can give you a build spec for the car ? must have it on system somewhere ?

[Mrdini]

Hi,

 

Have you contacted the manufacturer to see if they can give you a build spec for the car ? must have it on system somewhere ?

 

Not yet. I've been trying to get the insurer to confirm which clause is the problem.

 

However, my car is a standard MX5, and I believe that the hard top is not part of the build spec for this spec, no.

 

However my problem is that I took out the insurance in good faith that the roof was part of the car, and fully original - in other words not a modification whatsoever. Is the onus not on the insurer to cover it for a extra premium which I am happy to pay, or a full refund of the premium?