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DG
Site Moderator
Member Since: 12 Dec 2005
Location: The Gaff
Posts: 50971
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The insurance company cannot surely have endless liability if you have failed to comply with the terms of cover
My understanding was that if your insurance was invalidated ..any third party involved in an accident with you has the right to make a claim via the motor insurance bureau under the uninsured driver agreement and \ or take out a civil case against you in order to reclaim damages.
http://www.trafalgardirect.com/glossaryframe.html
Quote:Ab Initio ("from the beginning")
A breach of a condition, which means that the insurer may be entitled to void the policy from inception i.e., treat the policy as null and void .
The essential relevance of this term is that it highlights the vital importance of submitting accurate responses to Proposal Form questions and of complying absolutely with the terms and conditions of policies. Failures in either area can result in a policy being voided from the beginning and the premium returned to the policyholder .
Quote:Void and voidable
Null and void e.g. where a policy can be treated as though it never existed due, for example, to a material non-disclosure. 21 year LR veteran > D2 GS 2003 > D3 S 2006 > D3 HSE 2009 > D4 HSE 2013 > D4 HSE 2015 > D5 HSE 2018 > DS HSE R-Dynamic P300e 2021
Last edited by DG on 29th Mar 2009 10:06 pm. Edited 1 time in total
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29th Mar 2009 9:54 pm |
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Winger
Site Moderator
Member Since: 15 Feb 2005
Location: UK
Posts: 3428
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Exactly, DG & Meanie. Insurance is simply a risk transfer process, and if the transfer of risk is voided, then the risk is back with you again.
This debate is becoming extremely academic: it started from the point of reminding anyone who modifies their vehicle that failure to notify their insurers might invalidate their insurance.
Perhaps that is where it should end, leaving the insured to consider whether or not they feel it appropriate to advise their insurer..........
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29th Mar 2009 10:01 pm |
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London Lad
Member Since: 27 May 2008
Location: Suffolk
Posts: 505
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blue meanie, Yes you are right. .
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You should never argue with idiots because they will just drag you down to their level....then beat you with experience !
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29th Mar 2009 10:07 pm |
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London Lad
Member Since: 27 May 2008
Location: Suffolk
Posts: 505
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DG wrote:The insurance company cannot surely have endless liability if you have failed to comply with the terms of cover
My understanding was that if your insurance was invalidated ..any third party involved in an accident with you has the right to make a claim via the motor insurance bureau under the uninsured driver agreement and \ or take out a civil case against you in order to reclaim damages. snip...........
What I have been trying to get over all along (and the only thing I am saying) is:
An insurer in the UK cannot, by law, invalidate the road traffic act cover of your policy for any other reason than you being unlicensed to drive the vehicle.
So in your example above the 3rd party would not need the motor insurance bureau uninsured driver agreement. Of course he would if you had not taken out any insurance in the first place.
I give in, I'm bored now and I can't type fast enough .
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You should never argue with idiots because they will just drag you down to their level....then beat you with experience !
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29th Mar 2009 10:19 pm |
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DG
Site Moderator
Member Since: 12 Dec 2005
Location: The Gaff
Posts: 50971
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You're getting bored ??
Quote:How do I know if I can claim on the other vehicle’s insurance or claim through the MIB?
To help you to decide whether you are eligible for compensation click on the type of problem that is relevant to you:
Category 1:
(a) The owner of the vehicle does have insurance but lets his “mate†drive – and he’s not covered by the policy and does not have his own insurance.
(b) The owner of the vehicle does have insurance but the car is stolen and the thief does not have insurance.
(c) The owner of the vehicle did take out insurance but the insurers have canceled the policy on the grounds that the owner lied on his proposal form (so the insurance policy is void for non-disclosure). If the insurance is ‘void’ it means it’s as if the policy had never been taken out in the first place - ie there is no policy!
(d) The owner of the vehicle does have insurance but lets his “mate†drive – and he’s not covered by the policy and does not have his own insurance.
(e) The owner of the vehicle does have insurance but the car is stolen and the thief does not have insurance.
(f) The owner of the vehicle did take out insurance but the insurers have repudiated liability on the grounds that the insurance policy is void for non-disclosure. 21 year LR veteran > D2 GS 2003 > D3 S 2006 > D3 HSE 2009 > D4 HSE 2013 > D4 HSE 2015 > D5 HSE 2018 > DS HSE R-Dynamic P300e 2021
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29th Mar 2009 10:34 pm |
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Winger
Site Moderator
Member Since: 15 Feb 2005
Location: UK
Posts: 3428
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Point (f) above is handled quite specifically in Clause 152 of the RTA, as I previously mentioned.
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30th Mar 2009 11:06 am |
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90BHP
Member Since: 18 Oct 2006
Location: Half way along the road on the right
Posts: 3706
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Another (simple) angle on non disclosure:
If you have fitted £800 worth or Rack, £300 worth of Xenons, £150 worth of Rear Ladder. A pair of Lightforce spots, a RAI, a winch etc etc and some has your car away - you won't be getting a cheque for the same from your insurance company "To finish first, one first has to finish ...."
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3rd Apr 2009 10:21 pm |
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simon
Member Since: 11 Jan 2005
Location: Shropshire
Posts: 18296
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not unless you tell them exactly whats fitted and what you want covered.
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3rd Apr 2009 10:43 pm |
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NoDo$h
Member Since: 02 May 2006
Location: Finding new and exciting ways to milk badgers.
Posts: 19689
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Nobody tells me nuffin I know it's not considered "kind" to say no these days, but no. Just no, ok? And if it's not ok, still no.
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3rd Apr 2009 10:46 pm |
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