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Having a nightmare!!! Learner Driver insurance


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Another question if my insurance states that I am allowed to drive any car that I am not the owner of as a third party - could my insurance pay out third party costs as I was not the owner only down as the registered keeper by error?

 

If you have driving other cars third party cover, then give them a call to see if they will cover the accident claim.

 

If they will look into this, you will need to let Collingwood claims people know, as there is another option perhaps to deal with the third party.

We could do with some help from you.

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I spoke to a lady from the FOS this morning who stated that as he wasn't the registered keeper she wasn't sure if I had a complaint. This is all such a mess and all because I didn't send off a piece a paper. Talk about a lesson learnt!

 

The lady at the FOS you spoke to is a call handler and cannot possibly make a judgement of a case. Your Son as the Policyholder has to make the complaint, but of course he may delegate handling to you

We could do with some help from you.

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She was very much of the opinion that no, you have no case which was quite upsetting. I realise I've made a massive mistake here but I genuinely never meant to deceive anyone! Hopefully my insurance company will take this on as I wasn't the owner of the car but the whole registered keeper thing could cause further issues. Thank you to everyone who has advised me so far - it has helped me a great deal.

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Welshblonde I think you are overcomplicating the issue about the registered keeper. You bought the car for you son. He was the owner. You can show this by the fact you took out insurance and declared that he was the owner. All you have done is forget to send off the V5.

 

What you need to do is send a simple letter to collingwood stating that your son was the owner of the car as declared at the time insurance was purchased. The failure to change the V5 was an administrative oversight which does not change this fact.

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Unfortunately as he was not the registered keeper when I took out the policy, the point would not have been given if they knew I was the registered keeper. It's really harsh but all I can do is contest it. 😪

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She was very much of the opinion that no, you have no case which was quite upsetting. I realise I've made a massive mistake here but I genuinely never meant to deceive anyone! Hopefully my insurance company will take this on as I wasn't the owner of the car but the whole registered keeper thing could cause further issues. Thank you to everyone who has advised me so far - it has helped me a great deal.

 

I think you come across as a nice decent person, but sometimes when you deal with organisations like the FOS, you have to be less trusting that what they tell you is gospel. The people that answer the calls at the FOS act as gatekeepers and they will be told to try to persuade people that their complaints may lack merit. This is because they are over worked and they are trying to reduce the number of new complaints they receive.

 

Continue making the complaint and don't be put off.

We could do with some help from you.

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I will and thank you. I will wait and see what happens next. I will continue to contest it as unfair and hopefully Collingwood will realise that there was no intention to deceive them - just a genuine oversight on my part!

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I have had a letter back stating "as you were not the owner OR registered keeper then the policy is void" My son however, was the owner at the time. Will this hold any weight as it's an OR not an AND.

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I have had a letter back stating "as you were not the owner OR registered keeper then the policy is void" My son however, was the owner at the time. Will this hold any weight as it's an OR not an AND.

 

Stick to the position, that you bought the car for your Son, so he was the owner, but you had not sent off the V5 to change keeper. Also, you have your own car, as your main vehicle, so it was obvious the car was bought for your Son to learn in and his future use.

We could do with some help from you.

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Huge issue now with trying to get insurance! Because the policy is void then no one will insure my son! He's done absolutely nothing wrong here. I was the one on the wrong for not sending off the V5 - yet this voidance seems to have stopped him from driving before he's even started which seems so wrong!

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The only way around this, is taking out a policy in your name, with son noted as main driver on this learner car. Contact a brokers for advice.

We could do with some help from you.

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I just wonder about the legality of someone taking out Insurance for another person and them being affected in this way. This is partly why i think the Insurers are wrong to void, as parents would buy cars for their children and take out insurance in their name. They would never realise that sending off the V5 to change registered keeper was so important.

 

Given the consequences, i would expect big red flashing warning signs to come up on the Insurers internet site, so people were warned very clearly. Had this been the case, you would have sent off the V5 urgently.

We could do with some help from you.

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I just wonder about the legality of someone taking out Insurance for another person and them being affected in this way. This is partly why i think the Insurers are wrong to void, as parents would buy cars for their children and take out insurance in their name. They would never realise that sending off the V5 to change registered keeper was so important.

 

Given the consequences, i would expect big red flashing warning signs to come up on the Insurers internet site, so people were warned very clearly. Had this been the case, you would have sent off the V5 urgently.

 

If I remember correctly, their site already refuses to proceed if you answer that the policyholder is not the registered keeper, the only way around the question was to give an incorrect aswer

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If I remember correctly, their site already refuses to proceed if you answer that the policyholder is not the registered keeper, the only way around the question was to give an incorrect aswer
True but as he was going to be the registered keeper the parent button didn't even get looked at until you mentioned that there was one! Didn't even see it when the policy was taken out. I realise that this is no excuse but it's only on a drop down box - unless you click on registered keeper -parent there is no warning.
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True but as he was going to be the registered keeper the parent button didn't even get looked at until you mentioned that there was one! Didn't even see it when the policy was taken out. I realise that this is no excuse but it's only on a drop down box - unless you click on registered keeper -parent there is no warning.

 

When you make the FOS complaint, take screenshots of what you saw when taking out the policy, so the FOS can see that there was no clear warning. I wonder how many other parents there are out there in this position, who just have not had an accident, so this issue has not been found out.

We could do with some help from you.

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A thought occurs to me.

 

If you ask the Insurers for the premium back and you don't sign the form accepting to pay back the relevant sum they pay a third party, you are accepting the voidance. The Insurers are going to deal with the claim anyway and i don't expect them to refund the premium. But i don't think you should ask or seem to accept the voidance.

 

You should let them keep the premium for now, as you don't accept the voidance.

 

You could go to a Solicitors that litigates against Insurance companies and ask for an opinion. If they think you could win in court, then you might choose that route, rather than the FOS. If you choose the court route, you cannot then use the FOS. In addition you could contact journalists that deal with motoring issues to see if they are interested. Collingwood learners might not be happy with any bad publicity and have a change of mind.

We could do with some help from you.

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A thought occurs to me.

 

If you ask the Insurers for the premium back and you don't sign the form accepting to pay back the relevant sum they pay a third party, you are accepting the voidance. The Insurers are going to deal with the claim anyway and i don't expect them to refund the premium. But i don't think you should ask or seem to accept the voidance.

 

You should let them keep the premium for now, as you don't accept the voidance.

 

You could go to a Solicitors that litigates against Insurance companies and ask for an opinion. If they think you could win in court, then you might choose that route, rather than the FOS. If you choose the court route, you cannot then use the FOS. In addition you could contact journalists that deal with motoring issues to see if they are interested. Collingwood learners might not be happy with any bad publicity and have a change of mind.

 

They haven't refunded the premium as yet. I'm actually seeing a solicitor regarding this issue next week. I phoned Collingwood this morning to see if they had received my complaints letter which they have. They said someone will be back in contact with me later today.

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They haven't refunded the premium as yet. I'm actually seeing a solicitor regarding this issue next week. I phoned Collingwood this morning to see if they had received my complaints letter which they have. They said someone will be back in contact with me later today.

 

I reckon if Collingwood thought you were looking to go legal on this and get media involved, they might have a think about the situation. A parent and a learner driver being punished because a V5 was not posted to DVLA. It would not look very good. It is obvious that being a learner insurers, that parents buying a car for their kids, will have to send off the V5 to change registered keeper. Why don't they put a big warning notice on their site, so this situation should not arise.

 

Think you might have a good chance of success, but you are going to have to start believing you have a strong case, rather than let the weight of a mistake overide what is a straightforward situation. The V5 is for registered keeper and does not signify who the owner is. It is clear you gave your Son the car for him to learn in. You took out learner insurance. You just did not pick up the registered keeper issue and importance of sending off the V5.

We could do with some help from you.

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I know I come across as quite defeatist but I've read so much stuff on the internet that's negative that it's become incredibly depressing! Spoken to someone from the insurance company who was really lovely and said that we will try to resolve your complaint in the next 8 weeks or hopefully sooner. I am going to try to be more positive and fight this all the way. Thank you so much Uncle Bulgaria for all your advice! If I get through all this favourably then I will definitely buy you a pint! 😄

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How did Collingwood discover the vehicle was registered to you, did they check at the DVLA themselves or was the log book sent into them or did it just arise in conversation?

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When speaking to a solicitor, bear in mind they get paid whether you win or lose so will often suggest going nuclear when the FOS may be the better and cheaper (Free) option.

 

As uncle has explained, you can go to court after using the FOS but cannot use the FOS after you've been to court.

 

The Ombudsman can however be very slow.

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How did Collingwood discover the vehicle was registered to you, did they check at the DVLA themselves or was the log book sent into them or did it just arise in conversation?

I told them. The V5 had to be sent in so I explained that it was still in my name. The worst bit is that I even filled part of it in so when I had to salvage the car recently I had to get a new V5 as I had already filled it in!

 

I'm lucky to know someone who is a solicitor so hopefully will get some advice from him. I have to fight this all the way, I have no choice but am hoping that anyone who looks at this will realise the outcome of this whole matter is incredibly unfair on my son who to all intents and purposes has done absolutely nothing wrong.

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  • 3 weeks later...

Just a quick update on this. The void has been removed, insurance company have accepted indemnity for accident! A massive relief! Thank you to everyone who offered help and advice in this matter!

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