Claim for bike theft problem - insurance refusing to pay...

[Imonster]

So, I have a friend (really...my two bikes combined wouldn't be worth me losing my NCB over )


His bike was stolen, value approx. 5k, from outside his house between about 11.30 in the morning and mid afternoon, and this was in his police statement.

His insurance are refusing to pay on two counts...

(i) His policy had a clause that stated that his bike should be garaged between 22.00 and 06.00 at an address about six miles away from his home.

(ii) He didn't declare two SP30's.....absolute dumbass.

I would have thought that (i) is irrelevant, as the bike wasn't stolen during the hours that the clause stated it must be garaged between...

But I don't know about (ii).

What say you, oh wise one's?
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Those who make peaceful revolution impossible will make violent revolution inevitable.

[The Artist]

Insurance companies have bigger legal teams than most big companies and if they see a way to not pay out, they will take it.

Not declaring the SP30's was a stupid thing to do and I doubt he will get any money.

Which insurance company is it?

[Imonster]

[Banned Again]

I have nine points and they make next to no difference on insurance, with the bike being 5 grand, i can't beleive he did not decalre them, and therefore i'm sorry to say, imo he has not got a hope ... and has been .....expletive .... !!
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[JP7]

Out of curiosity, was the other address 6 miles away actually where the bike was kept overnight, or was that a trick to reduce the premium? The insurers don't like that one.

Add to that the undeclared SP30s and they'll be thinking they've been taken for a ride, and could justifiably not pay out. Your friend shouldn't give up though, it's worth contacting the insurer again to clarify the circumstances, ie it was stolen from his home outside the times they specified it should be garaged.

It's worth posting a question on this site: https://www.5ive-o.org/forum/forum.php

They have a few insurance experts on there who will give you and your friend a better steer from an inside view.

[Ste]

"this was in his police statement" he could say in his police statement that he's the king of england, just because something is in his statement to the police doesn't automatically make it true.

I'm guessing they're saying (i) because they don't believe him and they think it had been there overnight. (ii) shows them that he's quite willing to lie to them, plus it shows that he's a dumbass.

Is there any reason why he didn't tell them about hie two SP30's or was it just that he didn't tell them because he wanted cheaper insurance? With (i) is there any way he could prove that the bike wasn't parked there overnight?

[Villers]

11.30 in the morning to mid afternoon is not between 22.00 and 06.00 but Im guessing you meant 11.30pm?

Insurance companies are a bunch of wankers to be honest and you shouldnt let anything they do suprise you anymore. can we have this particular company named and shamed by any chance?

The location of the bike is important but the SP30's have no bearing whatsoever on the fact his bike was stolen, unless he was speeding at the time it was stolen? A friend had undeclared points when he crashed and they made him pay the difference in premium before they'd pay out on his crash claim.

For 5k I'd definately speak to a solicitor before I took the vampires word for anything they said.
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[Imonster]

[duhawkz]

when and where the bike was stolen aside, insurance companies work on the basis of utmost good faith and have to be made aware of all material facts, he will have been asked when he took the policy out if he had any motoring conviction with in the last 5yrs,

by not declaring those he has breeched that trust and the insurance company has every right to cancel his policy/ refuse to pay out, he will also find it may be diffcult or v. expensive to find insurance after this as he has effectivly committed insurance fraud.

he will be asked if he has every had insurance refused or cancelled when next applies for it and it will be on the database if he doesn' tell them the same thing will happen nexttime round

he could try and complain to the FSA but they would side with the insurance company on this would have thought

in a word he's fucked
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[The Artist]

It is a legal contract, and like I said, if your mate didn't do it properly then he has broken the contract which means they do not have to pay a penny, even though it may have nothing to do with the theft.

[iooi]

Usually the garaged clause means that if its not and its within a certain distance from the home address the excess is increased. Such as mine it becomes £250 instead of £150.

Does your friend actually live at the address its insured at, or the address it was stolen from....
Did he get points for the SP30's and declare them.


There is also a interesting piece in this months Bike mag about ins small print.
Basically if you LIE your policy is null and void and they will only pay 3rd party claims and then claim that back off you.
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Just because my bike was A DIVVY, does not mean i am......

[supZ]

when he took the insurance out he would have been asked if he had any offences. he's said no so he's lied and therefore his insurance isnt worth the paper its printed on.

its a shame but its tough luck, always be honest and up front when insurance is concerned otherwise you're paying all that money for absolutely nothing. might as well throw the cash in the bin.
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[daesimps]

Minor point, but it depends on the question that the insurance asked him, and I've been told this by both a copper and an insurance guy.

If they said "have you had any motoring convictions in the last 3 years" then he can truthfully say no even if he's had the 2 SP30s. If you accept the points and fine you don't get a conviction. You only get a conviction if you take it to court and lose.

However, a lot of companies are now asking "have you had any motoring convictions or fixed penalties in the last 3 years". This now means having to own up. It's all in the wording of the question.

It may not help, but it's worth checking the paperwork or quote system that his insurer uses.


Dae
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[chris-red]

All they would need to do is show there is a connection between people with speeding tickets and there bikes being nicked.
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[andys675]

last time i had 2x SP30's valid at the same time there was a 25% loading with NU, so i take it he's saved a few quid being young and having a large bike with an equally large premium and not disclosed the convictions, its called non disclosure, and they love not having to pay out

[Kwaks]

OK, lets lay this out.

The SP30 non disclosures (although stupid) have no bearing on the theft claim. Whilst the insurer will try to wriggle out on them they can be co-erced into a payout, well they would if this was the only issue.....

The main issue here is the address. From what I read the registered address is that of his mum, where the bike would have been garaged (ie out of sight to passing traffic/scrotes etc). However your friend has moved to another part of town, where no garage exists, presumably the area is not so desirable and has all the associated problems such as higher insurance premiums. At this new address your friend has had the bike on display, advertising its whereabouts and availability to all scrotes/thieves/people who think society owe them a living.

The insurer, with a fairly high percentage of accuracy, will believe that your friend has been showing his bike off every night at this new address, and slept so late in the day that he didn't bother to call the cops til mid afternoon. Chances are the bike was taken during the night and he is ahem "mistaken" in the times he gave to police.
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[Billing]

Well, he was retarded 18 months ago, maybe he's wised up a bit by now?
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[Rogerborg]

Spam from an Australian pushbike insurer? Now that is new!
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