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| _mjs_ |
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 _mjs_ Could Be A Chat Bot

Joined: 23 Feb 2012 Karma :   
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 Posted: 12:21 - 23 May 2014 Post subject: Car insurance |
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Hi all,
I passed my driving test this morning and have been running insurance quotes on comparison sites.
These websites ask for the date I got my full driver's license and I've noticed that if I take this literally and put down that I got my full license in 2012 when I passed my bike test, the quotes come back about £500 cheaper.
So my question is basically this; if I tell them I have had my license two years rather than two hours, am I risking being done for fraud?
Thanks chaps,
-Mark ____________________ Previous Bikes: 2006 Honda XR125L > 2003 Yamaha DT125R > 1996 Honda CB500
Current bikes: 1997 Kawasaki ZZR 600 E5 > 2006 Honda Varadero XL125V |
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| Monkeypony |
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 Monkeypony World Chat Champion

Joined: 21 Sep 2011 Karma :  
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| arry |
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 arry Super Spammer
Joined: 03 Jan 2009 Karma :    
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 Posted: 12:32 - 23 May 2014 Post subject: |
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Not at risk of being done for fraud - unless of course you admit to wilful deception (doh ).
In the event of the insurer investigating, either as part of a random audit or as part of an investigation into a claim, the insurer may consider your disclosures to be inaccurate and, therefore, attempt to avoid the contract on the grounds of non-disclosure.
However, there are protections for the consumer in this respect against the insurer where the non-disclosure is found to be innocent.
https://www.financial-ombudsman.org.uk/publications/ombudsman-news/7/july-innocent-non-disclosure.htm
In particular this is relevant:
The ABI (Association of British Insurers) Statement of General Insurance Practice requires firms not to repudiate a claim on the grounds:
of the customer's failure to disclose a material fact, if that fact was one that a customer could not reasonably be expected to disclose; or
of misrepresentation, unless it is a deliberate or negligent misrepresentation of a material fact.
The same Statement also requires insurers:
to include clear questions on application forms about matters insurers have commonly found to be material; and
not to ask questions requiring knowledge which the signatory could not reasonably be expected to possess.
So....If the question is unclear, then.....
However - be aware that you're running your quotes through a generic Compare the Meerkat type website and all that does is provide a feed through into the back office system of the panel insurer. The insurer's question can vary, as can the statement of fact they'll issue to you as part of your contract to show you your disclosures. This can vary so much so that I have seen on occasion:
Aggregator website question Date test passed
Statement of Fact disclosure Date practical car driving test passed
See the difference?
My advice is just to play it with a straight bat and make clean disclosures because it's not worth the hassle. However, there's going to be a lot of 'stick it to 'em' 'insurers are all robbing c£^ts' answers that will come back on this - some more thought out than others - who will tell you to just try the cheat way. I'm sure those people will be fully qualified and readily available to represent you in court should the worst happen, of course, and in fact some of them may even offer to pay your legal costs, damages and fine. |
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| _mjs_ |
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 _mjs_ Could Be A Chat Bot

Joined: 23 Feb 2012 Karma :   
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| dolly3900 |
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 dolly3900 Traffic Copper

Joined: 12 Jul 2011 Karma :   
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 Posted: 13:24 - 23 May 2014 Post subject: |
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As you are getting insurance quotes for a car, the question is relevant to the vehicle you are insuring.
If you were to put in a quote for a double decker bus, you would not put in the date you passed your bike test as the licence does not cover you to drive that class of vehicle.
Only in pedantry would your scenario stand up, in a court of law when you are trying to get off a charge of no insurance due to mis-disclosure of facts? i think not
Mike ____________________ 2002 Rieju RS2-50 (Sold, spares or repair), 2010 Suzuki DR-125SM (Traded for ->), 2007 Honda CBF 600 (Sold), 2010 Suzuki V-Strom 1000 (Briefly, now returned), 2007 Suzuki Intruder 1800m (Even More Briefly, traded in for ->), 2014 Suzuki V-Strom 650 |
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| JP7 |
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 JP7 World Chat Champion

Joined: 22 Dec 2008 Karma :   
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| arry |
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 arry Super Spammer
Joined: 03 Jan 2009 Karma :    
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 Posted: 13:50 - 23 May 2014 Post subject: |
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| dolly3900 wrote: | As you are getting insurance quotes for a car, the question is relevant to the vehicle you are insuring.
If you were to put in a quote for a double decker bus, you would not put in the date you passed your bike test as the licence does not cover you to drive that class of vehicle.
Only in pedantry would your scenario stand up, in a court of law when you are trying to get off a charge of no insurance due to mis-disclosure of facts? i think not
Mike |
Oh - so what about when the question set asks for any claims or convictions, does that only apply to car driving too then? If the question isn't clear on its intention.....
The question must be clear and the customer can not be reasonably expected to make an assumptive jump such as 'well I'm applying for car insurance so it must mean car'. If the date is 'date licence obtained' then the sheer ambiguity of it would fall against the insurer and stand up in court no problem - believe me, I've been there, and insurers lose on count of ambiguity with a frightening high %.
If the customer has given reasonable answers with reasonable intent and it's just the question set being highly ambiguous that's sent them down the wrong path then the insurer won't have a leg to stand on.
With all that said, it'll still go the way of the FOS, and sometimes even after the FOS has ruled in customer's favour it'll still go to court. Hence I'd not want it hanging over me.
| Quote: | While I would certainly never intentionally deceive the insurance industry, if I decide to take their question at face value and find nothing in the small print, what would be the likely consequence if my innocent mistake was noticed at some point further down the line? |
Ultimately, you'd file under innocent non-disclosure and the insurer would have a burden of proof imposed upon them to show otherwise in order to successfully void the contract. Depending on the strength of the question set and the FOS's mood on the day, they'd either find that you're an innocent party and that the insurer has failed to ask a clear question, and the loss would be settled in full, or they'd suggest a split proportional settlement, ie you paid £500, but should have paid £1000, so they'll settle 50% of the claim, or they'll find against you that you were a bit too stupid for belief's sake and therefore you're not innocent of deliberately misrepresenting your risk. |
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| 0l0dom0l0 |
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 0l0dom0l0 World Chat Champion

Joined: 21 Oct 2009 Karma :  
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 Posted: 14:28 - 23 May 2014 Post subject: |
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Actually this was bought up a while ago and it turned out that the companies were asking when it says 'when did you get your license' they actually meant when did your license turn pink.
The best thing to do is ring and ask, they will know and that way you won't get stung with any horrible charges later etc.
Just ring them and ask.
EDIT: Thread is here:
https://www.bikechatforums.com/viewtopic.php?t=229939&highlight=insurance
and here:
https://www.bikechatforums.com/viewtopic.php?t=226402 ____________________ CBT Passed: 30/08/2009, Theory Passed: 31/08/2010, Mod 1 Passed: 6/9/2010, Mod 2 Passed: 13/09/2010. Restriction ended 13/09/2012.
Bikes: 2007 Derbi GPR 50, 1998 Yamaha Fazer 600 (written off), 2002 Yamaha Fazer 600, 1994 CBR 600F, 2003 Triumph Daytona 600, Kawasaki ZX6R J1.....Current: 2006 Yamaha FZ6, 1998 Suzuki TL1000R and a Honda VFR 400 NC30. |
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| Polarbear |
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 Polarbear Super Spammer

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| -Matt- |
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 -Matt- World Chat Champion
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| 1198 |
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| MattEMulsion |
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 arry Super Spammer
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 weasley World Chat Champion

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 arry Super Spammer
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Old Thread Alert!
The last post was made 12 years, 177 days ago. Instead of replying here, would creating a new thread be more useful? |
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