Can someone settle an arguement, please?

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Postby ipsg.glf » Thu Nov 09, 2006 5:28 pm


A work colleague has accrued 9 points on his license. However, he has neglectde to tell his insurance company of the last 6, so as far as they are concerned he only has 3 points.

He tells me that if he is involved in a serious collision and it is discovered about the discepency, he will NOT be personally liable as the Motor Insurers' Bureau will step in and compensate the victim.

Many right minded people will be disgusted by this attitude (as I am).

Is this strictly the case?

Surely the victim and/or his/her insurance company will be able to pursue a personal claim against him, especially given that he has some assets (house, car, etc..)

Cheers
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Postby vonhosen » Thu Nov 09, 2006 6:21 pm


ipsg.glf wrote:A work colleague has accrued 9 points on his license. However, he has neglectde to tell his insurance company of the last 6, so as far as they are concerned he only has 3 points.

He tells me that if he is involved in a serious collision and it is discovered about the discepency, he will NOT be personally liable as the Motor Insurers' Bureau will step in and compensate the victim.

Many right minded people will be disgusted by this attitude (as I am).

Is this strictly the case?

Surely the victim and/or his/her insurance company will be able to pursue a personal claim against him, especially given that he has some assets (house, car, etc..)

Cheers


In such circumstances his insurance company would cover any 3rd party claim, but they will then sue him in full or part for their losses.

If he is fully comp they'll likely in the first instance only cover his 3rd party liabilities, not his vehicle.

There is also the criminal offence of obtaining a pecuniary advantage to consider under the Theft Act.
Any views expressed are mine & mine alone.
I do not represent my employer or these forums.
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Postby ipsg.glf » Thu Nov 09, 2006 6:27 pm


Thanks, Von.
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Postby Gareth » Thu Nov 09, 2006 6:31 pm


vonhosen wrote:There is also the criminal offence of obtaining a pecuniary advantage to consider under the Theft Act.

How is this applied?

I remember one renewal where I was told off by the broker ... they'd asked me to confirm that I had 3 points on my licence, and I told them I had 6 points. The broker asked the date of the offence, and upon hearing it, said that I should have told them at the previous renewal.

The problem was that I only received the NIP after the previous renewal, so wasn't in a position to inform them at that time.

So my long winded question is this: is there a duty on motorists to inform their insurers as soon as the endorsement takes place, or is it only a requirement at renewal time?
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Postby vonhosen » Thu Nov 09, 2006 6:55 pm


Gareth wrote:
vonhosen wrote:There is also the criminal offence of obtaining a pecuniary advantage to consider under the Theft Act.

How is this applied?

I remember one renewal where I was told off by the broker ... they'd asked me to confirm that I had 3 points on my licence, and I told them I had 6 points. The broker asked the date of the offence, and upon hearing it, said that I should have told them at the previous renewal.

The problem was that I only received the NIP after the previous renewal, so wasn't in a position to inform them at that time.

So my long winded question is this: is there a duty on motorists to inform their insurers as soon as the endorsement takes place, or is it only a requirement at renewal time?


You should inform them of material changes in between renewals. Where you don't it may invalidate your policy & result in them only dealing with 3rtd party claims & sueing you.

The pecuniary advantage offence applies to taking out a policy on favourable terms because of a deception. Because of that I would consider that applies at renewal time rather than mid term.
Any views expressed are mine & mine alone.
I do not represent my employer or these forums.
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Postby martine » Thu Nov 09, 2006 7:39 pm


What a prat.

This is similar to a story my mother-in-law relayed. Someone in her golf club was boasting about avoiding a speeding prosecution by getting his wife to admit she was driving at the time.

I said to her she should report him but she didn't want to get involved. I even said I would report him - especially after she said he is also known to drink and drive. :twisted:

I would have no hesitation in getting scum like this chap in big do-dos.
Martin - Bristol IAM: IMI National Observer and Group Secretary, DSA: ADI, Fleet, RoSPA (Dip)
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Postby James » Thu Nov 09, 2006 10:13 pm


vonhosen wrote:[

There is also the criminal offence of obtaining a pecuniary advantage to consider under the Theft Act.


Just what I thought when I started reading and just what I thought you might write prior to giving me a chance :wink:

Yes, realistically, an insurance company is unlikely to engage criminal proceedings over a claim, but it is possible. Obtaining a pecuniary advantage applies to an annual contract or some other contract of financial gain (even betting). By not informing his company, some would argue he has purposefully omitted to give information in order to benefit, also known as obtaining a service by deception.

He is treading on thin ice.
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