Be Warned
Declare your tow-bar and any other modifications....or LOOSE
https://road.cc/content/news/cyclist-de ... ier-311579
Insurance get out of claim.....have you got a Tow Bar...
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- (Donor 2016)
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Insurance get out of claim.....have you got a Tow Bar...
Alasdair
Activa, the Moose Dodger
Activa, the Moose Dodger
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Re: Insurance get out of claim.....have you got a Tow Bar...
This idea that non disclosure of a modification necessarily invalidates an insurance policy or a claim is incorrect.
It never has actually been the case, I’m guessing it was invented by armchair lawyers looking to impress.
This is even expressly provided in Sections 11(2) and 11(3) Insurance Act 2015, “If a loss occurs [and a term of the insurance has not been complied with], the insurer may not rely on the non-compliance to exclude, limit or discharge its liability … for the loss of … the non-compliance with the term could not have increased the risk of the loss …”.
So in other words, to avoid a claim, an insurer would need to establish that the modification itself actually increased the risk of the accident occurring/increased the loss. And the same goes for any modification, or indeed any other term of insurance that isn’t complied with.
It never has actually been the case, I’m guessing it was invented by armchair lawyers looking to impress.
This is even expressly provided in Sections 11(2) and 11(3) Insurance Act 2015, “If a loss occurs [and a term of the insurance has not been complied with], the insurer may not rely on the non-compliance to exclude, limit or discharge its liability … for the loss of … the non-compliance with the term could not have increased the risk of the loss …”.
So in other words, to avoid a claim, an insurer would need to establish that the modification itself actually increased the risk of the accident occurring/increased the loss. And the same goes for any modification, or indeed any other term of insurance that isn’t complied with.
Sam
2003 C5 2.0HDI 110
2003 C5 2.0HDI 110
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Re: Insurance get out of claim.....have you got a Tow Bar...
Errr.....well it HAS just happened and it was the Ombudsman who decided not an "armchair lawyer" trying to get clicks.
FOS decision ruled in favour of the insurance company. The Ombudsman cited the Consumer Insurance Disclosure and Representations Act on ‘misrepresentation’, which applies when information provided by the consumer to the insurer is incomplete or misleading, be it “carelessly, deliberately or recklessly”.
FOS decision ruled in favour of the insurance company. The Ombudsman cited the Consumer Insurance Disclosure and Representations Act on ‘misrepresentation’, which applies when information provided by the consumer to the insurer is incomplete or misleading, be it “carelessly, deliberately or recklessly”.
Alasdair
Activa, the Moose Dodger
Activa, the Moose Dodger
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Re: Insurance get out of claim.....have you got a Tow Bar...
It's always been the case that some insurers want to know about towbars / towing.
It's always been the case that some insurers will do anything to avoid paying out. There's a strong element of - you get what you pay for.
Insurers are primarily in business to make profit.
I've had an car insurer try to defraud me in the past - thankfully they immediately conceded when I pointed out their <ahem> 'error'.
It's always been the case that some insurers will do anything to avoid paying out. There's a strong element of - you get what you pay for.
Insurers are primarily in business to make profit.
I've had an car insurer try to defraud me in the past - thankfully they immediately conceded when I pointed out their <ahem> 'error'.
