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IN10 - Car insurance issue


vjohn82
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I was caught without insurance.

 

 

The company wrote to me cancelling the policy at my ex-wifes house

and she didn't notify me (I was between addresses at this point - no fixed abode).

 

 

I have still not been through any court process and while it is likely I will be getting an IN10 in the future,

my insurance company want to charge me from the date the incident occurred despite no court process yet finding me guilty.

 

 

Is this correct?

Have insurance companies suddenly become Judge, Jury and Executioner?

 

 

My insurance went up from £385 to £1200.

Any advice appreciated.

Thanks, Vin

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The insurance company know that you had no insurance when you were tugged since they had cancelled the policy.

 

They are not being "Judge, Jury and Executioner" on an event they know happened. what they are doing is taking a commercail decision based upon risk.

 

Two questions; Why did they cancel the policy in the first instance? and, why did you not inform them that you had changed your address?

It is easier to enter a rich man than for a camel to pass a needle

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The insurance company know that you had no insurance when you were tugged since they had cancelled the policy.

 

They are not being "Judge, Jury and Executioner" on an event they know happened. what they are doing is taking a commercail decision based upon risk.

 

Two questions; Why did they cancel the policy in the first instance? and, why did you not inform them that you had changed your address?

 

The company wrote to me cancelling the policy at my ex-wifes house and she didn't notify me (I was between addresses at this point - no fixed abode).

 

It is a bit hard for the OP to notify the insurers of a change of address to their PERMANENT new address while of no fixed abode, and they did mention this in their OP, but are you asking why they didnt let the insurance company know of an alternative, even if temporary?.

 

The OP may well have been better advised (at the time of moving out):

1) to inform their insurers of them being of NFA, giving the new risk address where the vehicle would be kept,

2) arranging a correspondence address where mail would have been forwarded effectively, even if this was "just a mate's" and a temporary arrangement.

The insurers would not be unduly bothered by the OP being between addresses as long as they knew both where the risk address was, and had a valid correspondence address.

 

If the insurance company had reason to cancel the policy (such as failure of payment, or failure to return required documents such as proof of NCD), then they can do so by writing to the correspondence address. The OP could have advised them of a change of correspondence address, or set up a mail redirection.

 

What reasons have the insurance company given for the premium increase? Different risk profile based on address? lack of proof of claimed NCD? the stop where no insurance was held?. All might contribute to the increase, and as ssparks2003 noted: we don't yet know why the original policy was cancelled.

 

It may look to the insurers that you were trying to get a low premium based on a lower risk scenario than now appears the case.

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Hi I told them I was in between addresses and they said as long as my work address was ok, it would all be fine. My ex wife cancelled DDs without me knowing and when they tried to take a payment they gave a notice letter which, again, she did not pass onto me. It's been a nightmare of a divorce. Anyway, they cancelled insurance and refused to reinsure. I was pulled the day after it was cancelled. So I went to another company, they agree to insure me and the premium was £1200 based on the IN10 I am going to get in the future (I still don't have one 5 months later - no idea what the courts are playing at but there we are).

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Hi I told them I was in between addresses and they said as long as my work address was ok, it would all be fine. My ex wife cancelled DDs without me knowing and when they tried to take a payment they gave a notice letter which, again, she did not pass onto me. It's been a nightmare of a divorce. Anyway, they cancelled insurance and refused to reinsure. I was pulled the day after it was cancelled. So I went to another company, they agree to insure me and the premium was £1200 based on the IN10 I am going to get in the future (I still don't have one 5 months later - no idea what the courts are playing at but there we are).

 

Get the recordings. If you can show that you informed them of a new address and that they should have known not to write to you at your wife's address, AND then:

The direct debits were cancelled without your knowledge, as part of a messy divorce, AND

that you would have been aware of the impending cancellation had they written to you at the correct address, and you would have prevented the cancellation : the original insurer may re-instate the policy, backdating it so that you were insured.

 

The aim would be to show that it wasn't your error in not advising them of an effective correspondence address, that it was their error in not writing to you at the correct address.

 

There is a caveat if you succeed in this:

I know of someone who was uninsured due to the insurance company's error. The insurer finally admitted their error and backdated their insurance, and a letter showing this was provided (to the Court and CPS) in time for their court appearance, for "no insurance"

In court the CPS discontinued the driving without insurance, but (to the disbelief of the Clerk, who asked "are you sure?", twice!) decided to proceed with a "failure to provide documents, within time" for the insurance certificate.

 

The CPS solicitor replied (to the second query) "those are my instructions", in a "I can't believe my bosses are insisting upon this, but they are!" manner.

 

Fortunately, the CPS later saw sense and discontinued proceedings, but if (for you) the insurance company later provide a backdated insurance certificate, and you had been asked to provide your documents, AS SOON as you get the certificate, produce it at the nominated police station.

 

Even though the certificate has not been provided within the required 7 days, this gives you a defence under RTA 1988 S165 (4) (b) that you produced it as soon as reasonably practicable (that it was the insurer's error, and that you could not produce it until they provided it, and as soon as they provided it, you produced it!), in case they decide to go with the alternate charge.

 

http://www.legislation.gov.uk/ukpga/1988/52/section/165

 

Taking the insurance certificate to the court doesn't count as "producing it as soon as possible, at a police station"

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Ok great stuff. I'll see what I can do!

 

It depends : underlying, are the originals insurers at fault?

 

In theory, we should all check we are insured, every time we drive. In practice, that isn't reasonable nor practicable.

I doubt my insurers want me phoning to check before every journey ......

 

I try to remember to check myself (well, my vehicle) on askMID once a month, but even so, that doesn't stop my insurance getting cancelled the next day!.

 

Bottom line : do you think you can highlight to the original insurer that you had done all that was reasonable, and the situation arose almost exclusively from their error?

Or do you think they can (reasonably) hold you at fault?

 

If you can get the cancellation revoked, and backdated insurance to cover until your new insurers policy started:

a) no IN10 conviction

b) could you then get a reduction in premium from your new insurers?

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Personally I think they will hold me at fault judging by their attitude. Could just be an expensive lesson. I just don't see how my current company can justify raising a premium based on something that "might" happen in the future. Not precisely sure what risk they are opening themselves up to regardless but hey, it's a screwed up world.

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Personally I think they will hold me at fault judging by their attitude. Could just be an expensive lesson. I just don't see how my current company can justify raising a premium based on something that "might" happen in the future. Not precisely sure what risk they are opening themselves up to regardless but hey, it's a screwed up world.

 

Did you provide them with a valid correspondence address that they didn't use?.

 

You may face "attitude" from their front line call centre staff.

This is why you need to get someone senior to review the tapes (& provide you with a copy) as part of a formal complaint (& SAR) if it is their error not yours.

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