Legal injustice...insurance fine

mattyfez · 27 Apr 2013 at 10:36

Hi, Not sure if anyone will be able to advise but my friend has just had a massive fine and points on his licence. I'll start from the beginning...

Friend is pulled over by the police a month or so ago and they ask him if he's insured... he say yes, with such and such company.. the police basically say that according to their data he's not insured and a phone call to the insurance company then confirms they had cancelled his policy without telling him, citing that they cancelled the policy because they hadn't received proof of previous NCB.

My friend then gets his phone out, logs onto his email and shows them an email from the insurance company saying something along the lines of "thank you for proof of you NCB and thank you for taking out a policy with us etc".

Apparently the police were pretty understanding but said it was a black and white offence so they had no choice but to book him for it.

So he's just been to court and received 6 points and a fine of nearly £500 :eek:

I said surely he can appeal or something as he absolutely thought he was insured, he had written proof, and he wasn't at any point told the policy was cancelled...

It seems incredibly unfair, that an insurance company can do this as it could potentially happen to anyone, and they would not only be in trouble, but what if they have an accident ?? :mad:

Assuming he's given me all the facts I just cant understand how he could have lost in court... he had written proof and to the best of his knowledge was properly insured...it seems that the insurance company must have made an admin error of some kind and his insurance simply stopped... how can this be right?

SpeedFreak · 27 Apr 2013 at 10:45

Who was the insurer? First port of call would be to identify if he has received any refund. Then contact the Financial Ombudsman Service.

Theophany · 27 Apr 2013 at 10:48

Magistrates court I'm guessing? Which is basically a kangaroo court for motoring related cases, the general principle seems to be guilty until proven less guilty. Sadly, if they turned him over I doubt it's worth an appeal from a monetary perspective (solicitor) but if he needs to get those six points removed then I suppose it's very much worth it pending an expert opinion.

Also, name and shame the insurer. They sound like a joke outfit.

mattyfez · 27 Apr 2013 at 10:59

Company called Allianz, I've not heard of them, presumably found on a comparison site and were cheap..

Jez · 27 Apr 2013 at 11:04

mattyfez said:
Company called Allianz, I've not heard of them, presumably found on a comparison site and were cheap..

Allianz are absolutely huge and certainly a more than reputable, huge multinational. https://www.allianz.com/en/about_us/where_we_are/regions_countries/index.html

This story makes me want to quickly check my cars are showing on askMID :eek:

cheechm · 27 Apr 2013 at 11:05

mattyfez said:
Company called Allianz, I've not heard of them, presumably found on a comparison site and were cheap..

Up there as one of the big insurance companies in the world.

mattyprice4004 · 27 Apr 2013 at 11:07

Quick, to askMID!

mattyfez · 27 Apr 2013 at 11:09

Jez said:
Allianz are absolutely huge and certainly a more than reputable, huge multinational. https://www.allianz.com/en/about_us/where_we_are/regions_countries/index.html

This story makes me want to quickly check my cars are showing on askMID

Well this is the worrying thing, if it happened to me it would ruin me, through no fault or negligence, do we now need to call our insurers every time before we get in the car to make sure we are still covered?

Jez · 27 Apr 2013 at 11:12

It would ruin you? Come on, I agree that this is very annoying and I would be doing my fair share of moaning but it has no impact beyond the financials which boil down to a 500 quid fine and some increased future premiums for a few years.

You can do an instant check at AskMID by the way, no need to phone anybody.

mattyfez · 27 Apr 2013 at 11:19

Jez said:
It would ruin you? Come on, I agree that this is very annoying and I would be doing my fair share of moaning but it has no impact beyond the financials which boil down to a 500 quid fine and some increased future premiums for a few years.

You can do an instant check at AskMID by the way, no need to phone anybody.

Well yes, it would probably cost me my job, and I live in a rented house so would fall behind and possibly lose the house... I t would be a life changing event for me for sure

Rybo89 · 27 Apr 2013 at 11:19

Jez said:
It would ruin you? Come on, I agree that this is very annoying and I would be doing my fair share of moaning but it has no impact beyond the financials which boil down to a 500 quid fine and some increased future premiums for a few years.

You can do an instant check at AskMID by the way, no need to phone anybody.

That's not the point though is it.

mattyg · 27 Apr 2013 at 11:25

Jez said:
It would ruin you? Come on, I agree that this is very annoying and I would be doing my fair share of moaning but it has no impact beyond the financials which boil down to a 500 quid fine and some increased future premiums for a few years.

You can do an instant check at AskMID by the way, no need to phone anybody.

It could ruin me. I drive for a living.

Jez · 27 Apr 2013 at 11:28

Rybo89 said:
That's not the point though is it.

Oh I totally agree, its incredibly annoying and sounds unjust from the side of the story which we have heard

Housey · 27 Apr 2013 at 11:36

I suspect the story isn't as cut and shut as you are making it seem.

Royal Fleet · 27 Apr 2013 at 11:44

When I worked in Car Insurance (admittedly many years ago) if an insurer wanted to cancel a policy there is a legal requirement that they send a recorded delivery letter to the notified address of the policy holder.

As I said this is going back a few years, but I doubt that this has changed.

dfarrall · 27 Apr 2013 at 12:05

Housey said:
I suspect the story isn't as cut and shut as you are making it seem.

This,

But if it is as B&W as you say then he definitely has a defense and should consult a decent solicitor and go through the courts to get them removed.

Jono8 · 27 Apr 2013 at 12:23

"YES ****** IS showing as insured on the Motor Insurance Database today."

Few :eek:

Jono8 · 27 Apr 2013 at 12:31

I can't see this happening if he did have a valid insurance certificate, and correspondence from his insurance company that they had received his proof of no claims.

What i suspect has happened is that he was given a temporary certifcate, pending proof of his no claims and that has expired and he was never issued with a proper one. I;m guessing the person in question forgot and never had a valid certificate.

I cannot see how he would have been found guilty if he had a genuine valid certificate of insurance and there was no proof that Allianz had ever notified him that they had cancelled the policy or refunded his premium.

Burnsy2023 · 27 Apr 2013 at 12:33

So what happened when the OP's "friend" called the insurance company? What was their explanation?

Most insurance companies will send a letter recorded delivery when policies are cancelled. Did the OP receive this?

mattyfez · 27 Apr 2013 at 14:14

Burnsy2023 said:
So what happened when the OP's "friend" called the insurance company? What was their explanation?

Most insurance companies will send a letter recorded delivery when policies are cancelled. Did the OP receive this?

Well he says not.. assuming he's telling me the full story they simply cancelled his insurance and didn't say anything..