car insurance want to cancel after accident due to modifications... help!! :(

[frostymorning]

hi, i am hoping someone can help me out of this stupid situation i have got myself into.

 

in a nutshell -- 3rd party hit me on a rounabout. my right of way and i was indicating to turn off. he came on from the left and tried to cut across and he hit the side of my door.

i came away with a rather large dent in my door and the other driver had my paint on his bumper.

we swapped names, numbers and he said he would call me that night. didnt hear anything so notified the insurers the next day. he had already called them claiming i wasn't indicating, my fault and he has a third party witness!!!! shocked as for 20 minutes we were there there were no witnesses.

 

anyway, took my car to the garage to get a quote, compelted insurance forms and sent it off thinking nothing of it and thta it will get sorted.

 

just got a letter asking why i had not notified them of my tinted windows (mods) and if i had told them in the beginning, they never would have insured me! when i bought the car couple of years ago the windows were already done and i assumed it was factory fitted as that was what i was told.

 

now i dont know what to do/what to write back/where to go from here.

i realise legally they are within there rights as htey are saying car is modified and i didnt tell them and is against their policy to insure these cars (they wont cover any mods!), but i dont know what i am supposed to do now, i am really upset with myself as i should have realised but now i am stuck.

would really help any advice to where to go now?

[raydetinu]

are we talking just the rear windws, not front ( driver and passenger ) is it just tinted or privacy grade?

front windows must let at least 70% light through, no restriction on rears.

[frostymorning]

raydetinu -the rear windows are darker than the fronts but they arent completely dark.

the fronts are slightly tinted to the point where you can still see in the car if someone was driving along side you.

[BankFodder]

The important thing here is that the accident was caused by any lack of visibility.

 

Write back to them in a business like way and point out to them that, firstly, the car is exactly as it was supplied to you and secondly that you deny that you were at fault but in any event that the evidence shows clearly that any lack of visibility caused by tinted windows - which you deny - was not a contributing factor and therefore you expect them to cover the accident of else you will take them to the county court.

Tell them that you accept that if they consider that the vehicle is modified that they may want to cancel the contract for the future or review the premium - but this accident was not affected by the tinted windows and so the level of risk in that regards remains the same.

tell them that you will be presenting this argument to the county court if they do not reconsider their position within 14 days.

 

Only make this threat if you intend to carry it out.

[frostymorning]

bankfodder -thanks for the advice, that is so helpful. i didnt think i would have a leg to stand on with them as they are 'in charge'.

will i need to prove the visibility through the windows? they are not crazy dark windows, just enough to keep the sun out (in the back) and the fronts are a slight shade darker then the windscreen (not tinted).

[raydetinu]

go to body shop or tinters and get a translucent check on the windows, if less than 70% illegal, that could be the point insurers are trying to make.

[afcwben]

Isnt it an MOT failiure if the visibility is below a certain level?

[Yukiko]

I don't think it's checked on the MOT. If it is, I can see it being like the ruling in the MOT that says Magic Trees and phone holders aren't to be in place. My MOT man says that he'll "remove" them for the purpose of the test... But I have never seen it.

[afcwben]

I have been asked to remove them or face an MOT failure. Even phone and sat nav holders

[Yukiko]

Different testers, different rules. Mrs Yukiko put the 206 in for test and none of the hanging rubbish got removed.

[raydetinu]

any update from OP?

[frostymorning]

not heard anything back yet.

am i technically uninsured as i havent been driven the car but will need to use it at some point? not sure where ive been left with the insurance company now, insured or not insured?

[raydetinu]

you will have to talk to insurers, and see what they say.

do it by email, not phone so you have a record.

[frostymorning]

raydetinu i will email them today.

thanks for the help