Legal injustice...insurance fine

Third Opinion · 28 Apr 2013 at 12:19

I had a policy cancelled by onecall, luckily I wasn't using the car at the time because I had an unexpected operation a few days after taking it out.

I arranged it over the phone, paid the deposit etc. I sent my NCB which was excepted, but then asked for paper licence copies. I supplied mine but my partner had sent hers off for renewal. I told them that and they said no problem they would make a note on the system.

Her licence came back after about 10 days so we sent it off to them. I got a letter back saying the policy had been cancelled after just 14 days of opening it because of my partners licence. They had received the NCB and my licence after 3 days and my partners after 18.

We were never informed of cancellation and they demanded £130 cancellation fee via their in house debt collectors 'Judgement order listings'.

They are a complete nightmare I have never been asked for a licence before, let alone had a policy cancelled. The time scale demanded by them I felt was unrealistic.

Gaygle · 28 Apr 2013 at 12:22

Key bits of info are:

1) What did the insurance company say when your friend told them "i got an email from you confirming my NCD - please explain."

2) Did they return any money?

Admin errors happen, and if these two bits of information could have been found out at the roadside/straight after the incident - i'm willing to bet this wouldn't have even got to court and may have even been sorted there and then. If it is an admin error, insurance companies will often say "ok, there seems to have been a mistake made - but we'll still fully cover this policy".

The fact that the above has happened, and it's got all the way to court suggests it isn't as clear cut as first told.

edscdk · 28 Apr 2013 at 12:41

mattyfez said:
Well this is the thing, I've seen the email the insurance sent him thanking for proof of no claims.
.

an email proves nothing I can knock up an email from god making me king of the universe... if would need a lot of work to prove it was actually real (unless the other party was willing to confirm its real obviously)

gumpy321 · 28 Apr 2013 at 13:11

When I went with Admiral this year, they want proof of NCB from the previous insurer. You get a temporary cover note when you pay that is valid for 7 days.

I scanned and emailed my proof of NCB from More Than and sent it to them. Within two days, I got a letter with my full insurance certificate.

Liquidfox · 28 Apr 2013 at 16:03

edscdk said:
an email proves nothing I can knock up an email from god making me king of the universe... if would need a lot of work to prove it was actually real (unless the other party was willing to confirm its real obviously)

It'd very easy to prove an email is real. As far as I know the headers can't easily be spoofed. These contain the information of the sending server which would point straight to their own.

ince · 28 Apr 2013 at 16:34

i have some sympathy but you should check if you are insured.

wouldnt be happy if someone crashed my car and this can up as an excuse.

mattyg · 28 Apr 2013 at 18:26

ince said:
i have some sympathy but you should check if you are insured.

wouldnt be happy if someone crashed my car and this can up as an excuse.

In fairness do you check ASKMID before every journey.

Burnsy2023 · 28 Apr 2013 at 18:28

mattyg said:
In fairness do you check ASKMID before every journey.

I've never needed to. I keep on top of any letters my insurance company send me.

mattyfez · 28 Apr 2013 at 18:40

edscdk said:
an email proves nothing I can knock up an email from god making me king of the universe... if would need a lot of work to prove it was actually real (unless the other party was willing to confirm its real obviously)

A genuine email will stand up in court, it's as good as, or better than a recorded letter. But that is beside the point in this conversation..

mattyfez · 28 Apr 2013 at 18:42

I've not had any more details from my friend, he's not confirmed any cancellation letters or refunds to me. Maybe he was just driving without insurance..

mattyg · 28 Apr 2013 at 19:26

Burnsy2023 said:
I've never needed to. I keep on top of any letters my insurance company send me.

Quite.

But the OP said no letters arrived.

I was with swinton for over 6 yrs every year they used to write to me to say my insurance is up and heres a quote. If the quote was reasonable I would just let them carry on.

A mate came round and said he's just renewed his insurance and it had gone up. I couldn't remember how much I was paying so dug out my docs. Only to discover my Insurance had ran out the day before.

I phoned Swinton as I wasn't happy for them to say the my current company had pulled out of the market and they could get a quote anywhere near so just left it.

I will NEVER use swinton again.

I know its my responsibility but for years they did it for me plus I was under the impression that they had to Auto renew unless I had told them not too.

Burnsy2023 · 28 Apr 2013 at 19:36

mattyg said:
Quite.
I know its my responsibility but for years they did it for me plus I was under the impression that they had to Auto renew unless I had told them not too.

Yep, it is your responsibility. Companies may help you by auto renewing, but ultimately everyone should be checking on renewal. If you pay monthly you should be checking DD payments are going out just like anyone who is remotely financially responsible should do. It doesn't take much to avoid driving uninsured and although we all have busy lives, being responsible means that any admin error would be obviously apparent and easy to fix.

mattyg · 28 Apr 2013 at 19:38

Burnsy2023 said:
Yep, it is your responsibility. Companies may help you by auto renewing, but ultimately everyone should be checking on renewal. If you pay monthly you should be checking DD payments are going out just like anyone who is remotely financially responsible should do. It doesn't take much to avoid driving uninsured and although we all have busy lives, being responsible means that any admin error would be obviously apparent and easy to fix.

I've paid up front for years now.. At least that way I should also get a refund if they cancel.

Burnsy2023 · 28 Apr 2013 at 19:41

mattyg said:
I've paid up front for years now.. At least that way I should also get a refund if they cancel.

My point stands that you should be ensuring you are renewing though and not relying on your insurance company to do it. It's easy to forget or get complacent, but considering the potential ramifications, I don't see why anyone would take the risk.

edscdk · 28 Apr 2013 at 19:46

mattyfez said:
A genuine email will stand up in court, it's as good as, or better than a recorded letter. But that is beside the point in this conversation..

it would need the other party to admit to it or some computer forensics probably costing a wad of cash...

mattyfez · 28 Apr 2013 at 20:55

edscdk said:
it would need the other party to admit to it or some computer forensics probably costing a wad of cash...

I believe it would only come to forensics if one party disputed the authenticity, that would be pretty much the same for an email or a recorded letter. I guess it would be quicker and easier to prove with an email.