Can my insurance company do this?

[Slavo]

I have had my bike insured with Motorcycle Direct (on behalf of AXA) since June 2007.

My bike has been a Cat D write-off since June 2004 (uneconomical to repair).

My previous insurance company that insured my bike during the first total loss told me that my insurance would become valid once again following the provision of a valid MOT certificate dated after the accident to prove it was repaired.

September time last year (07) I had a carpark prang at work where a 4x4 reversed into me whilst I was stationary. This rendered my bike a Cat D (once again).

I automatically assumed this to be the case with my current insurer's and repaired the bike once again. Upon contacting them this week, they told me that my insurance is to be cancelled as they don't insure bikes that have been write-offs and that it was for me to declare it so at the time of insurance.

Now, my questions are:

1. If they don't insure write-offs why is there not anything in their policy terms & conditions stating this?

2. Was I to declare this, legally?

3. If this is the case, should I be entitled to a refund from the date of settlement? (their answer to this was no, that because I have 'riding other bikes' on my policy this is why it continued. If this is the case, then why is it now cancelled?

Can anybody who has experience in similar situations or may know what my standing on this is?

I have contacted the FSA who have said that they will post out a form to complete to complain to my current insurers, but offered no advice whatsoever as to whether it is worth pursuing.

It all seems a bit fishy as the accompanying letter with a tiny cheque states "Following your decision to cancel the policy..."

I am quite annoyed as I have only 4 months left to gain another year's NCB.

Thanks in advance,

Slavo

[iooi]

Did you inform the Motorcycle direct that the bike had been written off at some point in its life ?In June 2007 Pretty sure this is a question that is asked when you take the policy out and does make a diffrence.

Could just be that, that company will not cover a written off bike.

Were you riding other bikes after the crash date ? that were covered under the policy.
I suppose they now consider it cancelled as you have tried to reinsure the bike and they are not interested in covering it, so for you to insure elsewhere would require them to cancel the policy.
Pretty sure you can only have 1 policy in force on a bike/car.
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Just because my bike was A DIVVY, does not mean i am......

[Pete.]

You could tell them you want to suspend the insurance whilst you find another bike, that you wasn't aware of their rule and that you will stop using the bike immediately and find another then continue the cover with your new bike. Hopefully this will stop them cancelling. This is important because they ALWAYS ask if you have had insurance cancelled when you want to get cover and you have to tell them if you have and why.
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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]

Yes you have to declare that a vehicle has previously been written off if you have knowledge of this being the case.

I'm pretty sure there should be something in the t&c's. You should have been made aware of this at the quotation stage so either over the phone or on the website you should have been asked if the vehicle has previously been written off. If this didn't happened then you can claim that you were mis-sold the Policy.

I would also expect the policy to be voided with effect inception date and a full refund given (minus any claims paid by the insurer) if the insurer is claiming that you didnt disclose all the relevant material facts. If they are cancelling mid-term id suggest trying what Geri has mentioned.

I'd say the whole 'driving other bikes' issue is up for debate. Technically the insurance company is right but i'd still kick up a fuss about it.
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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...

[Slavo]

I most certainly was not made aware of this fact at the quotation stage. If I was then I would never have taken the policy.

Nor is it in any of the documents provided with my policy.

That would be financial suicide. If the bike was stolen, they would not have paid out.

[Pete.]

I once heard that if a vehicle had been paid-out as a total loss then any susequent payouts might only be for the scap value of the vehicle. My friend was apparently told this when he enquired about repairing and re-insuring the 1200 bandit he flipped.

[ms51ves3]

I never declared my scooter and that is a cat D right off. They never asked me to declare it and I never thought it would be much of a problem.

[trevoriv]

I'd take it up with Motorcycle direct then and tell them that they never asked about whether or not your vehicle was a write off and as such you are now in a bit of bother with the insurance company.
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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...