do undeclaired points invalidate insurance?

[x-jem-x]

my friend got her boyfriend insured on her car (fully comp) but did not decaire he had 3 points on his licence for speeding as he did not tell her. The other day he drove into the back of someone and caused over �1700 of damage!

Will her insurance company find out about the points and if so, will her insurance be invalid?

Thank-you

[NORMANTHEDOG]

if they find out that she did not disclose them,whether he told her or not,will make it very difficult for her as the insurance company would use that as their excuse for not paying out,you might be lucky and get away with it.the problem is now,you cant even tell them after as it would cause problems,so now you have to keep quiet about it and it could cause you more problems in the future,the best thing is to take him off the policy straight away.

[New Judge]

The problem is that most insurance companies now ask to see the driver's licence before setlling any reasonably sized claims.

If they do, I'm afraid you're sunk. If the police find out (which is not very likley) your boyfriend may be charged with driving uninsured.

[time2fly]

the insurance company will say that the insurance wasn't valid as you didn't tell them. Good luck - let us all know what happens please ?

[JB]

Contrary to what the other posters have said, it's unlikely that your friend has anything to worry about.
Three points for speeding isn't something that MOST insurance companies will load the premium for (or in deed refuse to insure.) So, assuming that the insurer would have insured him anyway (if they had been told about the points), they will pay for the claim - even if they ask for an increased premium. If they say otherwise, go to the Ombudsman.
However, if the insurer wouldn't have accepted him as a risk had they known the full details, then they can refuse the claim and void the policy. This scenario is highly unlikely though as 3 points for speeding is largely overlooked in this day and age. Hope that makes sense!

[NORMANTHEDOG]

jb,dont talk crap,the fact that it was not disclosed,if found out will allmost certainly give the insurance company the excuse they need to not pay out.

[gouldc]

JB is very correct - we rarely take any notice of 3 points for speeding (assuming itis the �60 fine and not a court assigned fine).

The only convictions that realy make any difference if undisclosed are:

DR10 and the rest, MS90 (failure to disclose the driver), UT (unauthorised taking), IN anyhthing.

However, individual circumstances are taken into account, and all insurers have different rating factors.

If the undisclosed claim or points would only mean an increase in premium of a few quid, it will have no effect. If it increased the premium over a certain percentage (I think it's something like 60% for us), then the policy will be voided from incpetion - ie no insurance for you naughtly person.

Norman, 3 points is highly unlikely to make us not pay the claim - this is up there with the myth that no road tax voids your insurance

[Dave G]

Hi all legaly it's fraud as to gain anything that is benificial because it was not disclosed before a signature is Fraud
be carefull
good luck Dave G

[JB]

Thank you gouldc! And Norm - wash your mouth out! The contract between insurer and customer is based on utmost good faith - or that the proposer (customer) is providing factually correct information. In the eventuality that this is incorrect, the insurer has to re-assess the risk - but if they would have offered cover had they been aware of the circumstances, then they will cover a subsequent claim albeit with an increased premium if applicable. I'm not in the habit of talking crap Norm!

[NORMANTHEDOG]

well,lets see then, x jem please let us know how it goes.

[ladylovebug]

i work for an insurance company, and it could be used to get out of paying as ignorance is not an exuse, if you are putting a driver on your insurance you have to disclose all fixed penalty endorsements to the insurer. the claims adjuster will look into all of these things as no insurance company wants to pay when they dont have to sorry to be there bearer of bad news, but thought you might want an opinion from someone who knows what there talking about

[x-jem-x]

I love the way you all think it was me haha... It actually was my friend, my ka is mine to drive and mine only lol.

Yep norman i will keep you posted, I am just as interested to find out what happens to my friend

[Roy262]

Most people fail to get there points taken off there licence when they have run out so id check the dates before you worry..

[kaztuz]

I also agree with JB. I work for an insurance firm and we only get concerned when the driver has 6 or more points. You just need to explain to your insurance company, who I am sure will understand. Also, as long as he wasn't speeding when he went in to the back of the third party then that doesn't really mean he is a speeding liability.

[Dancinqueen]

In this case the underwriters will contact the insurance company and ask them to contact the driver and provide in writing why the points were not disclosed and decide from there what action to take, they could refuse to pay oput or ask for additional funds to cover the difference in premium.

[nic22]

I just had the same situation - but it was my car and my fault! On the sign up page it asked for convictions in the last 5 years so I put 'none' not realising that fixed penalty was classed as a conviction. I'm with direct line and they have been really good about it. They have charged me an extra �77 and increased my excess to �250 but apart from that the claim can still go through and my policy isn't void.

It may differ between insurance companies but I guess the larger ones will follow the same type of practice. I read an article from the guardian where a solicitor that deals with type of thing quoted that he had never in 20 years come across an insurance company that did not pay out based on undisclosed points.

b/w