17" Alloys - insurance voided?

The Running Man · 14 May 2007 at 17:30

hi alles, my mate with a focus is in trouble againt! he's hit a stopped car, and done a lot of damage to his car. he is liable and not protesting the fault etc.

so, they originally offered him 4k as a writeoff, and then 5k,

since then they ahve come back and said an adjudicator is looking and may potentially not pay out because he did not specify 17" alloys in his original insurance (17" OZ Superleggas)

is this correct - or is there an insurance code of condustc which states that the change must , or could some way have led to the incident occuring therefore is possible to be invalidated.

i.e if the car/wheels were stolen then insurance would have been invalid. but because the crash wasnt a result of the wheels they have to pay out?

West · 14 May 2007 at 17:31

Yup. If you add aftermarket alloys and dont declare them, they can say no. Makes your car more stealable. It invalidates your insurance hence.

But its really tight if they refuse to pay on a technicality like that!

Duke · 14 May 2007 at 17:54

West said:
Yup. If you add aftermarket alloys and dont declare them, they can say no. Makes your car more stealable. It invalidates your insurance hence.

But its really tight if they refuse to pay on a technicality like that!

Yep they tend to do anything to not pay out.

SB118 · 14 May 2007 at 17:58

He could try disputing it on the basis of the different wheel didn't cause the incident.

Caerdydd · 14 May 2007 at 18:02

I suppose it depends how fancy the alloys are... but can you not use the line "they were on the car when i bought it, it wasnt advertised as having fancy alloys and the seller never mentioned them, so i assumed they were just one of the factory options. I didnt know they were modified".

There are lots of people in the world who wouldnt know the difference (my mother for example).

Play dumb and hope!

[TW]Fox · 14 May 2007 at 18:02

SB118 said:
He could try disputing it on the basis of the different wheel didn't cause the incident.

They may argue that the type of person to fit new wheels to his Focus would be more likely to crash, and thus they'd not originally have covered him he had he known.

InvaderGIR · 14 May 2007 at 18:03

SB118 said:
He could try disputing it on the basis of the different wheel didn't cause the incident.

Unlikely to work to be honest.

This is one of the reasons I always declare mods, however minor, so that if something happens I don't lose loads of money...just the car as it's TPFT

InvG

West · 14 May 2007 at 18:04

SB118 said:
He could try disputing it on the basis of the different wheel didn't cause the incident.

But he didnt declare, they assume that when you take insurance out on a vehicle that you will read through the terms and conditions, so you would know that any performence or styling modifications have to be declared as they would directly effect your premium, the alloys in this case being AFTER market and not part of the manufacturers specification, hence making the car more stealable!

kaiowas · 14 May 2007 at 18:05

Technically speaking when the insurers asked him if his car was modified and he said no (or declared other mods but not the wheels) then signed the documents with the small print saying that "I declare that everything I've said is true yadda yadda" he has commited insurance fraud. Once the insurance company have found out about this fraud they are well within their rights to declare the whole policy null and void regardless of whether he's even had an accident let alone whether the wheels were a contributory factor.

Memphis · 14 May 2007 at 18:06

If the wheels weren't declared, expect no pay out. He will be very lucky if they proceed with the claim.

[TW]Fox · 14 May 2007 at 18:16

Memphis said:
If the wheels weren't declared, expect no pay out. He will be very lucky if they proceed with the claim.

Put the ladybird book of law down, it's not that simple

M0T · 14 May 2007 at 18:19

Are 17" wheels standard on a focus (my mums 1.6 looks like it has 15")? If not could they argue large wheels would have affected the handling and braking of the car and contributed to the accident?

[TW]Fox · 14 May 2007 at 18:21

Focus TDCi Sport has standard 17" alloy wheels.

West · 14 May 2007 at 18:24

[TW]Fox said:
Focus TDCi Sport has standard 17" alloy wheels.

OP said:
because he did not specify 17" alloys in his original insurance (17" OZ Superleggas)

Very much doubt that they are Manufacturers.

M0T · 14 May 2007 at 18:27

West said:
Very much doubt that they are Manufacturers.

But if the originals are 17" and the replacements are 17" then what real world affect would changing the wheels have on the accident? Surely it then becomes a case of who has the best lawyer?

The Running Man · 14 May 2007 at 18:31

the car in question is acytually a focus 1.6 silver, i.e with uprated spec such as heated leather seats, kit, and alloys, but no they are not the original alloys.

to say the weight of the wheels impacted the crash is a little tenous tbh.

edit; he is actually a criminal defence lawyer lol

[TW]Fox · 14 May 2007 at 18:34

West said:
Very much doubt that they are Manufacturers.

Never said they were, please pay more attention - I was addressing M0T's claim that if NO Focus in the range has 17's they could claim the wheels adversely affected the car.

M0T · 14 May 2007 at 18:34

Nickg said:
to say the weight of the wheels impacted the crash is a little tenous tbh.

Not the weight, but the increased size - Rubbing in the arches, different rolling radius etc.

Edit: but since you can get a focus with those size wheels then it doesn't matter. It's a cosmetic upgrade that shouldn't affect the ability of the car to stop in an emergency.

Serj · 14 May 2007 at 18:35

Nickg said:
edit; he is actually a criminal defence lawyer lol

He works for the CPS? Poor guy

As far as i can see, it's a simple case of failing to disclose a material fact. But then what would i know?

The Running Man · 14 May 2007 at 18:37

Serj said:
He works for the CPS? Poor guy

As far as i can see, it's a simple case of failing to disclose a material fact. But then what would i know?

he doesnt work for the CPS< he works for a private lawyers firm..

yea thats what i htought, my my other matew works for the halifax, and he says that if the insurer may have to follow a tribal style policy where they need to decide if the wheels were a factor in the incident. i dont think they were so its a bit:/