Associate
the fact that they send out your policy with T&C attached, the ball is in the insured court to check their documents to make sure they are correctly covered.
No commuting cover on insurance, accident whilst commuting
- Thread starter rG-tom
- Start date
the fact that they send out your policy with T&C attached, the ball is in the insured court to check their documents to make sure they are correctly covered.
Associate
this will come down to the law vs civil law, the insurance company would still cover the innocent Third party for their damages, they can refuse to cover their insured for damages to their vehicle and they can also , if they want to, take their insured to court to claim back any costs they have paid to the third party.
the only reason the police would get involved is if the circumstance they advised has changed would affect them offering insurance in the first place, for example, you dont mention you have an IN10, if the insurance company dont cover that conviction they would void from inception and then you would show as uninsured. If its use of car, i would say they would say they have insurance and the insurance company would deal with the claim as they see fit
Well surely it does, because if no policy existed there would be no insurance company for which a third party could claim against?
Your allowed to make a genuin mistake though, its not 100% certain you know all the details. Thats why its written "as far as you are aware"
They cant refuse to pay out unless they prove you lied on purpose.
I have been through all this last year when i had to claim on my policy. It turned out i had missed a few details. One letter later and they paid out.
The information is all out there for you check the ombudsmen website.
Also if say you were only travelling to work once a month it wouldnt be counted as commuting, its not classed as a main use.
If the insurer doesn't provide indemnity within the terms of the policy (as opposed to outside the policy forced by rta) then that's evidence of no insurance.
No indemnity is no insurance but the rta drags the insurer back in, when that happens there isn't suddenly insurance - its a distressed liability payment outside of the insurance contract because the insurer was the closest insurer to being on risk for that vehicle - rta doesn't actually reinstate cover.
![[TW]Fox](/data/man-of-honor/2009.png){kind=avatar}
Could you quote some case law?
Associate
- Joined
- 25 Apr 2012
- Posts
- 223
I had an accident on my way to uni once and I was not insured for commuting but in my statement I gave I admitted travelling to a place of study my insure said I was still covered third party for this and it didn't affect the claim in anyway , altho I was hit head on on my side of the road lol
Associate
If you travel once to work it would still need to be put down as commuting,otherwise where is the line, i only use my car for 3 weeks out of a year to drive to work, so its not my main use of the car...................yes but you will still at some point commute to work in the car. Or if someone has lied and said they only use the car socially, you ask for a courtesy car, (if your claiming off your own policy and its your fault) unless you can justify why you need a certain car or certain duration of time, its not a given that you will get one.
Most insurance companies would not just drop a claim, its very few and far between when they chuck a claim out, normally they will correct your policy, charge/refund any difference and then carry on with the claim.
the proving you lied is not the only option, unless you can prove you didn't lie they could look at proportional settlement unless you can prove otherwise for example.
Associate
travelling to university is a gray area, some insurance wont class it as commuting because you not on a set salary so its not classed as a job/place of work, other companies believe that you are travelling to a place up to five times a week at certain hours and some courses can have placement etc so they do class it as commuting
Soldato
There is no chance they won't cover because you were commuting.
You only ever claim off your policy once (if you have to) during your term, it is also highly likely that for one of those 365 days you will have to commute.
Merlin you are correct from a clinical technical point of view but as fox says the law doesn't work like that.
You only ever claim off your policy once (if you have to) during your term, it is also highly likely that for one of those 365 days you will have to commute.
Merlin you are correct from a clinical technical point of view but as fox says the law doesn't work like that.