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Insurer fined me for an undisclosed claim...

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Cuchulain
Nitrous Nuisance



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PostPosted: 14:41 - 12 May 2016    Post subject: Insurer fined me for an undisclosed claim... Reply with quote

I recently got my Bike insured and suddenly they have slapped me with a £25 fee for a supposed undisclosed claim.

The claim in question was from my car policy when someone hit my car, when a named driver (my wife) was using it. No damage was caused and no claim was made from either party but insurance was informed. It was classified as a non-claim.

So I wasn't involved in the incident, and my wife who was, isn't named on my bike policy, and it was put as a non-claim.

I spoke to the car insurer and they said I shouldn't have disclosed it but the bike insurer is adamant I should have. Can anyone give me a definitive answer on this, so I know whether to try and get my £25 back or not?
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Lord Percy
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PostPosted: 14:46 - 12 May 2016    Post subject: Reply with quote

Pretty sure they can't ever take any money at any time unless you agree to it.

I'm no lawyer but at a guess I'd say you need to read the small print of your insurance. It may say you have to disclose everything, and if you don't you agree in advance to paying £25 for alterations to the policy. Or some other vague wording to ensure they can milk you for as much money as possible.

That's how most of those arseholes work, anyway.
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tom_e
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Joined: 27 Feb 2016
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PostPosted: 14:57 - 12 May 2016    Post subject: Reply with quote

https://www.financial-ombudsman.co.uk/contact/index.html Have a chat with these guys they'll give you a definitive answer.
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Ste
Not Work Safe



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PostPosted: 15:14 - 12 May 2016    Post subject: Reply with quote

Need more detail.

What exactly is it that the bike insurer adamant you should have told them? There must have been a specific question that they asked you which they're saying you didn't answer correctly.

You say the incident was when your wife was using your car, just for clarity she was driving your car when someone hit it?
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Cuchulain
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PostPosted: 15:24 - 12 May 2016    Post subject: Reply with quote

Ste wrote:
Need more detail.

What exactly is it that the bike insurer adamant you should have told them? There must have been a specific question that they asked you which they're saying you didn't answer correctly.

You say the incident was when your wife was using your car, just for clarity she was driving your car when someone hit it?


In the bit where it says have you had any accidents/claims made against you in the last 5 years, they think I should put it down as a claim.

Yes, she was driving my car. I wasn't there.
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Loui5D
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PostPosted: 15:27 - 12 May 2016    Post subject: Reply with quote

Who is the insurer?
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Albigularis
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PostPosted: 15:32 - 12 May 2016    Post subject: Reply with quote

Absolutely no good ever comes from volunteering information that insurance companies don't need to know. Telling them about an accident for it to be a non-claim is just giving them information to use against you and screw stuff up. Like what's happening right now.
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Cuchulain
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PostPosted: 15:35 - 12 May 2016    Post subject: Reply with quote

Loui5D wrote:
Who is the insurer?


Bike Sure.
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Ste
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PostPosted: 15:37 - 12 May 2016    Post subject: Reply with quote

Expand on the bit about 'have you had an accidents / claims in the last five years'.

What was in the small print? I'm expecting there'll have been something saying how that includes named drivers on your policies.
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Cuchulain
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PostPosted: 15:38 - 12 May 2016    Post subject: Reply with quote

Albigularis wrote:
Absolutely no good ever comes from volunteering information that insurance companies don't need to know. Telling them about an accident for it to be a non-claim is just giving them information to use against you and screw stuff up. Like what's happening right now.


The third party who crashed into wife said she wanted to go through insurance to claim for a scratch on her bumper, but then never did.
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Rogerborg
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Joined: 26 Oct 2010
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PostPosted: 17:10 - 12 May 2016    Post subject: Reply with quote

I'm in much the same position, except that Mrs Borg was at fault and the claim against her did proceed. I made the mistake (once) of asking a bike insurer if it was relevant, the phone monkey said "No, not if it was a car and the driver's not on this policy. Hang on, I'll just double check. [POPULAR BEAT COMBO MUSIC] Uh, boss says yes, we need to count it. Moar £££."

So now do I declare it? Do I heck. I haven't been "caught" yet, but I'm sure I will be.

First thing you do is fire in with a complaint to them, headed as such.

Your position is that the question you were asked was unclear, that no reasonable person would have interpreted it in the way that they are doing, and therefore in a contract of adhesion it should be interpreted in your favour.

Doesn't matter if it was or wasn't clear, just fire in with that now because it gets the clock ticking, then check the details.

However, don't let them cancel the policy! That's a declare-for-life condition. Pay up now if you have to, then set about them afterwards.

I'll note that on the last bike policy I took out online, all of the potential answers in the "Have you had any accidents, claims or losses" dropdown used the word "rider". Since the "rider" (me) wasn't involved in the driving incident, the only truthful answer to that is no.

arry should hopefully be able to provide the real "precedent and pursuant " magic words to mess them up. Best of luck.
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Last edited by Rogerborg on 22:00 - 12 May 2016; edited 1 time in total
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Ste
Not Work Safe



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PostPosted: 17:16 - 12 May 2016    Post subject: Reply with quote

Rogerborg wrote:
However, don't let them cancel the policy! That's a declare-for-life condition.

That. Very very very much that.
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dydey90
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PostPosted: 22:01 - 12 May 2016    Post subject: Reply with quote

Something similar happened to a mate upon writing off his car. Previously he'd had a different car stolen, while living at a different address and using a different insurer and no claim had been made about this. At some point between him taking out a policy on said write off and accident occurring, they became aware of the theft that hadn't cost them a penny and decided he had to pay an additional £400 on his premium. After many shoutings, he cancelled his own policy and simply didn't declare it on the next one. No more has been said about it by his current insurer.
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Rogerborg
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PostPosted: 09:19 - 13 May 2016    Post subject: Reply with quote

dydey90 wrote:
Previously he'd had a different car stolen, while living at a different address and using a different insurer and no claim had been made about this.

Did he inform them of the theft though?

If I lost my cheap Meriva or the Enfield to theft, I'd just tell the insurer to cancel the policy as I no longer have the vehicle (which would be true) in order to avoid the problem of some pikey stacking it while it's still on my policy. Or if it were near the end of the policy, I'd be sure that I was able to produce proof of posting something to their address, along with a copy of the letter that it would be my contention that I'd sent them.

Insurers and coppers, never volunteer one iota more information than you're absolutely required to provide.
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Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike
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DJP
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PostPosted: 11:14 - 13 May 2016    Post subject: Re: Insurer fined me for an undisclosed claim... Reply with quote

Cuchulain wrote:
I recently got my Bike insured and suddenly they have slapped me with a £25 fee for a supposed undisclosed claim.

The claim in question was from my car policy when someone hit my car, when a named driver (my wife) was using it. No damage was caused and no claim was made from either party but insurance was informed. It was classified as a non-claim.

So I wasn't involved in the incident, and my wife who was, isn't named on my bike policy, and it was put as a non-claim.

I spoke to the car insurer and they said I shouldn't have disclosed it but the bike insurer is adamant I should have. Can anyone give me a definitive answer on this, so I know whether to try and get my £25 back or not?


Whether a claim was ever made is irrelevant.

Whether you were driving is also irrelevant.

An accident occurred on a policy held by you.

And therefore needs to be declared.

And, yes, I think insurance companies are shit heads. But the situation here is absolutely clear.
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faffergotgunz
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PostPosted: 11:19 - 13 May 2016    Post subject: Reply with quote

Cuchulain wrote:
Loui5D wrote:
Who is the insurer?


Bike Sure.


Punch of pedantic bastards.
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stinkwheel
Bovine Proctologist



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PostPosted: 11:27 - 13 May 2016    Post subject: Re: Insurer fined me for an undisclosed claim... Reply with quote

DJP wrote:


Whether a claim was ever made is irrelevant.

Whether you were driving is also irrelevant.

An accident occurred on a policy held by you.

And therefore needs to be declared.

And, yes, I think insurance companies are shit heads. But the situation here is absolutely clear.


The question they ask is usually:

"Have you had any accidents of claims, regardless of fault in the last 5 years?"

Have YOU. Personaly pronoun. Generally defined in the small print of the policy as "the proposer".

So not all clear at all.
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DJP
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PostPosted: 11:50 - 13 May 2016    Post subject: Re: Insurer fined me for an undisclosed claim... Reply with quote

stinkwheel wrote:
The question they ask is usually:

"Have you had any accidents of claims, regardless of fault in the last 5 years?"

Have YOU. Personaly pronoun. Generally defined in the small print of the policy as "the proposer".

So not all clear at all.


Yes but insurance: Declare it at the time or risk a bumming later.

And, on a personal note, I've found that claims don't always affect the premium. I had bike vs pedestrian accident last year (a pissed-up dick-head ran into me from the side and ended up seriously injured. He is, of course, currently trying to sue me and I've declared that on every policy since - and it's made zero to fuck-all difference to the premium every time. So, for me, concealing stuff from insurance companies is totally not worth it).
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Rogerborg
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PostPosted: 12:51 - 13 May 2016    Post subject: Reply with quote

I've taken the liberty of having a look at Bike Sure's online quotation form, and they do say:

Bike Sure wrote:
Have you had any Accidents, claims, thefts or losses in the last 5 years

[Click ? for more details]

Claims or Accidents

Details of Claims should include any accidents, claims or losses made by you or any additional driver irrespective of fault.


Which seems perfectly clear and I'm sure we all have a firm grasp of what it means.

It of course certainly means that they're asking about "any additional driver" that was on a previous policy even if they're not on this one.

And it absolutely for sure means that they're interested in the history of "any additional driver" that you're adding to this quote.

I can't see how it could be any more explicit.

Except by, you know, using a few more words.

Ain't nobody got time fo' dat.
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Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike
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stinkwheel
Bovine Proctologist



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PostPosted: 13:03 - 13 May 2016    Post subject: Reply with quote

Devil's in the details isn't it.

On my last insurance proposal form this was the exact wording:

"Have you or any person who may ride had any accident or loss (fire, theft or any other cause) in the last three years involving any motor vehicle (of any kind)? This includes any accident or loss not covered or claimed under an insurance policy, and whether at fault or not. If yes, please give details below."

That's Carole Nash.
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“Rule one: Always stick around for one more drink. That's when things happen. That's when you find out everything you want to know.
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Vracktal
World Chat Champion



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PostPosted: 20:23 - 13 May 2016    Post subject: Reply with quote

stinkwheel wrote:
Devil's in the details isn't it.

On my last insurance proposal form this was the exact wording:

"Have you or any person who may ride had any accident or loss (fire, theft or any other cause) in the last three years involving any motor vehicle (of any kind)? This includes any accident or loss not covered or claimed under an insurance policy, and whether at fault or not. If yes, please give details below."

That's Carole Nash.


Well then...

September 3 2008. Lost left hubcap from Skoda Felicia
August 26 2008. Accidentally broke rear seat fold lever on Skoda by pulling it too hard
May 1 2009. Nearside front indicator bulb blew
May 1 2009. Lost second screw holding nearside front indicator lens cover in place
December 2009. Lost one of the clips holding the sunroof in place.

etc.
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MCN
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PostPosted: 15:35 - 14 May 2016    Post subject: Reply with quote

Plain English: Any accidents, claims or convictions must be declared when you fill in the form.
Whether at fault or not.

They will decide to load or not based on what sort of risk you pose to the insurer, that's you, your named drivers, where you live, what you drive and your lifestyle. Many more factors are considered.

You become their risk when the offer to insure you if they do not have all the facts how can that be fair?
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Rogerborg
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PostPosted: 18:36 - 14 May 2016    Post subject: Reply with quote

MCN wrote:
based on what sort of risk you pose to the insurer, that's you, your named drivers

Named on a previous policy but not on this policy, or named on this policy but not a previous one?

It's not hard to explain in Plain English, if they would just use a couple of extra words.
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Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike
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