have I lost a theft claim on my R1?

[lllN30lll]

as some of you know I had my 05 R1 stolen on the 5th of November, Insurance have only just back to me and it doesn't look good

on their letter they wanted to why I hadn't declared that I was banned in 03.

it then says after liasing with the underwriting department they have advised we aren't aware of this conviction, having previously been advised of a MS90. due to this we require a written explanation.



to me that sounds as if i'm going to lose the claim on my bike and i'll have to pay the 10k off myself.


here's my side of the story. the TT99 6 month ban is on my licence. I haven't had chance to send it off to the DVLA. am I right in saying that it shouldn't be on my licence anymore anyway?

I looked here
https://www.direct.gov.uk/en/Motoring/DriverLicensing/EndorsementsAndDisqualifications/DG_10022425

and it says Offence code TT99 must stay on a driving licence for four years from date of conviction.

my ban was on the 12/3/2003.


and as for the MS90 conviction that's a load of bullshit, apparently it's 6 points for failing to disclose the identity of a driver. i've never ever even heard of being told about that or even having points put on my licence for it!!!!


am i fucked?
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Turbo R1
CRF450R

[panrider_uk]

Insurance companies usually want to know of any convictions within the last 5 years.

Mark
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Current bikes: Honda ST1100 Pan European. Moto Guzzi V85 TT Travel

[Hetzer]

The fact that a ban for a motoring offence has no bearing on a theft claim won't matter, they've got their get-out clause now (it's all about the money, not the morality).

However, explain to them you assumed the stipulation was for offences still extant (puts the onus back on them for not having made the stipulation clear enough).
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"There's the horizon! Ride hard, ride fast and cut down all who stand in your way!"

[fazza59]

Depends what your insurance company requirements on conviction disclosure. Some want to know up to 5 year some only 3 years.

When you took your insurance out what did you declare? If you declared the TT99, ban for totting up that should cover it all.

The way it goes is, you didn't tell them about it, your insurance is invalid.

They are gonna bend you over and do you from behind.

I think they can get out of paying you a penny as you did not declare everything and under their terms and conditions the policy will be null and void.

What a total pisser just before xmas.

Get you policy copy out and any previous policy's. If you have had it with the same company and can prove it was on the policy before they might be in the shit.

Good luck with it.
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Current - Yamaha R1 - Yamaha XJ600N - Kawasaki GPZ 500S (project? Maybe )
Pics of my bikes

[Richard_Schmid]

[trevoriv]

Any motor conviction in last 5 years has to be declared regardless of whether or not it is on your license.

And as an insurance underwriter myself I would be happy to refuse the claim on non-disclosure of relevant material facts.

You could plead ignorance and claim you thought it was only convictions in last 3 or 4 years that you needed to declare. You could also claim you sent in a copy of your driving license and you assumed that the company had recieved it and noted their records.

Not sure what's going on with the MS90 though, id have thought you'd have been notified about that by the law.

I'd say you're pretty fucked to be honest, you might get lucky if you convince the insurer that it was a genuine mistake.
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Past: '96 Thundercat, '02 ZX636R (A1P), '58 KTM 690 SM LC4 Current: '06 ZX636R (C6F)
Mudskipper wrote: Someone just has to sig that...

[Pete.]

Since you claim is for a theft, not a claim resulting from a moving incident, the ban you failed to declare should have caused no increased risk to the insurance company with respect to it being stolen whilst your weren't in attendance.

In your position, I would get some legal advice. Otherwise I would reply saying that you declared all current endorsements, but since the ban was expired (over four years) you didn't give it a thought. If they would care to re-calculate your premium as it would have been taking the ban into consideration you will be happy to pay the difference in the premium including any admin fee, and make sure you point-out that you ban was for a moving offence and ddoesn't relate to the loss-claim in any way.

The risks you face as I see it are that they could (In order of worst-case scenario 1st):

Void your insurance for making a false-declaration, I think that how you phrase your written reply will have a big bearing on this. Personally, I would pay a solicitor to do it. It will cost you money, but they will be less likely to dismiss you out-of-hand if they know they are dealing with a professional. Might be the difference between getting paid-out something and getting nothing.

Void your insurance by saying that if they had prior knowledge of your ban you would have not got cover with them in the first place.

Accept your letter but pay out a vastly-reduced amount due to a fale declaration being made.

Accept your letter and re-calculate your premium, removing the difference from your payout.

Accept your innocent mistake and pay out your loss in full. Don't hold your breath on that happening.
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a.k.a 'Geri'

132.9mph off and walked away. Gear is good, gear is good, gear is very very good

[trevoriv]

[Hotdog]

[lllN30lll]

cheers hotdog.
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Turbo R1
CRF450R

[Dom_]

When you filled out the form for insurance did it not ask for any convictions within the last 5 years?

I've got no advice but good luck.

[trevoriv]

[bazza]

[trevoriv]

[bazza]

[McJamweasel]

[trevoriv]

[strag]

You're fucked.
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carbon bling

[Skudd]

You knew you had convictions, you knew that if you didn't tell of those convictions you would get cheaper insurance, you got caught out. You may get your money, but I think you will be lucky.
The agreement you take with the insurance company is based on honesty. You haven't been honest.
You are insured as a whole not just the bits you think that you want to be covered for.
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Famous last words of Humpty Dumpty. " Stop pushing me "
Petty Anarchists look at "1984".............. The Visionary looks at "Animal Farm".

[st3v3]

[lllN30lll]

[lllN30lll]

[Polo]

13 years in insurance and I would be shocked if they fucked you over - honest.

They could fuck you off now with good reason and they haven't. They want an explanation, so give it.

Hope it pans out and I honestly think that they will deduct the additional premium they would have charged you, for the conviction, from the settlement.

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My mum smells your fingers

[Hotdog]

[strag]

N30, I honestly hope they accept that you made an honest mistake, but I doubt they will. Think of it logically, they are being asked to pay out £xxxx.xx and have an opportunity not to do so. The fact is that the responsibility to declare past offences etc, lies with you, you didn't do it. If it breaks the contract then they will not pay up, what is quite a large amount.

That said, I recently wrote off my Volvo V70 and they had it listed as a 10v model instead of a 20v. Technically I should have noticed it but I didn't. They did accept that I had not done it deliberately to reduce the premium and they did pay out no problem. I think they would have been on shaky ground if they hadn't as if you put the reg number into RAC etc it came up as a 20v.

Good luck.
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carbon bling