Hi.

Without prejudice.

I got bumped into by a neighbour last week, only dented the wing.

The woman who hit the zed said 'i will ring my insurance', i rang mine (the a*)

who organized a hire car.

All going well, until a letter arrives today 'vehicle claim not accepted, vehicle uninsured' :slap::headvswal

They are saying that as i got the insurance through 'c*mparethemarket.com' , who dont have a tickbox, or any indication of a uk,or imported car, that i failed to declare its an import.Would i like a quote for new cover :mac1:

How i didnt swear at them, i dont know.

So, i'm stuffed, i've rung + been polite,been firm,lost the plot+ shouted, but still i'm not insured. :hurl:

Any ideas what i can do from here?

did they take money from you and have the reg of the said vehicle you paid to have insured?

yes

I would not have though they would be allowed to take money from you and refused the service that's fu##in theft. They have access to a database of all cars that are registered in the uk so they would already know it's origin. They cannot just take the money I would have though at the very least they would have to give you the full premium back. Otherwise they have taken the money for a non existant service. Take legal advice usually the 1st half hour of consultation is free if you use a good solicitor.

Edited November 28, 200817 yr by 8ace

Have seen this before unfortunately. Im sure you wont be the only one here not insured correctly. It will say somewhere in there small print somewhere about imports :(

 

Thats the trouble when getting insurance. Insurers that do cover imports each tend to list them differently, and it can be easy for somebody to select a UK model by mistake and those that dont insure imports will only list the one model which your bound to select, not realising they mean UK only.

Edited November 28, 200817 yr by Yowser

****ing ******* **** ****ers ****ers ****ing hate them so ****ing much AHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHH

They now say its all my falult, as the A* assume its 'uk spec', surely any car mot'ed in the uk is uk spec anyway, but anyhow they wont do anymore.thats it.finito.

God i hate this kinda thing, the fact i wasn't there, she even said to sw*nton insurance(hers), 'its all my fault, he was eating his dinner indoors'.

No grey area, her fault, she pays, but now feck all happens.

I even asked before i claimed 'will this affect my insurance in any way shape or form?

'No'

will i have to re-insure?

'NO'

At least i've got a hire car, which i now have to pay £50 towards+ my £500excess + the £270 i've paid for 2 months of 'non-insurance', then try and get re-insured.

A bloody diesel freelander,oh please.shoot me....its even got a sports gearbox pffft.

aaargh

tbh i wouldnt pay them another penny and surely confused have some blame in this as they were the broker who arranged the insurance?

 

Also a wing isnt much of a big deal, you could fix it yourself for under £100.

 

£270 for two months?! Sounds like they were ripping you off from the start!

thats terrible...any excuse for a cop-out them insurance swines:(

Also her insurers should still pay out even if your car wasnt insured? She has still damaged your property, I mean they would pay out for your shed if she hit that?

 

Its just your insurance wont chase them for it so you would need to do it yourself.

Also her insurers should still pay out even if your car wasnt insured? She has still damaged your property, I mean they would pay out for your shed if she hit that?

 

Its just your insurance wont chase them for it so you would need to do it yourself.

 

no...her insurance will argue the car should of not been on the road:rolleyes:

Yeah but was it on the road or private driveway?

Its amazing how these big companies dont manage to realise its an import when they take your money but when it comes to giving something back in an instant they see the error (get out clause), a synical person would say they see it as easy money and realise they will never have to pay out or do any work.

take it up with the FSO....they regulate the insurance industry....on a general point there is the issue of failure to check policy which is a given but as you state they took your money...so basically entered into a contract for which they provided no service...not exactly theft but consideration to professional dilligence is a two way street.....there is new provision

consumer protection from unfair trading 2008...worth a google search for the exact act

 

cheers n good luck

Cheers guys.

The £270 was for the year, which they say i'm not entitled to be refunded with :rant:

Couldn't there be a nice clear 'is this car an import? or 'uk official model'

Uk spec is a grey area.My old zed was exactly to uk spec,belts, bumpers,ecu etc,but was a jap import. :xxx:

Seriously though, what the hell does it matter,as long as they have a legitimate mot?

i know it doesnt help mate but i never do it over the net, i always talk to the companies when im scouting out new insurance, its a pain in the backside but i think its worth it. and i always say 'id like to confirm that its a Japanese import', and i declare every single mod apart from the smelly tree air freshener. you watch they'll have me on that! :headvswal

one word "ombudsman". since when is it the customers fault "THEY" dont have a tick box for uk or import ? i would say its their fault, not yours.

Not sure what it´s like in the UK but I know from experience that over here the court ruling would be "just because it wasn´t supposed to be on the road or parked where it was doesn´t mean you can hit it "

Hi.

Without prejudice.

I got bumped into by a neighbour last week, only dented the wing.

The woman who hit the zed said 'i will ring my insurance', i rang mine (the a*)

who organized a hire car.

All going well, until a letter arrives today 'vehicle claim not accepted, vehicle uninsured' :slap::headvswal

They are saying that as i got the insurance through 'c*mparethemarket.com' , who dont have a tickbox, or any indication of a uk,or imported car, that i failed to declare its an import.Would i like a quote for new cover :mac1:

How i didnt swear at them, i dont know.

So, i'm stuffed, i've rung + been polite,been firm,lost the plot+ shouted, but still i'm not insured. :hurl:

Any ideas what i can do from here?

 

Sorry bud,but your mullerd,way way back on here same things have happend,when ins an import you must check your ins schedule when it arrives,if it does not say IMPORT/or Fairlady Z send it back with it corrected or get in touch with them,and i know that there must be other Z owners out there and on this site that may assume there ins covers them but prob infact it dont.

 

Tony

This is nothing less than legalised scamming. F**king disgraceful. I'll pop your thread over to SP&L on PH and hope someone can suggest something. Back later.

ive just checked my policy and it says 1990 300ZX Turbo Coupe. while arranging the insurance over the phone I explicitly confirmed that it was a jap import. the car sitting in my driveway is a 300zx. full stop. just because its nicknamed a fairlady in japan shouldnt change anything. im going to give my insurers a bell tomorrow and get them to clarify this

Here's some of the answers from SP&L. General opinion seems to be try contacting a 'none fault accident management company'.

 

 

 

["My feeling (and that's all it is) is that the insurer cannot abrogate cover on the basis of the 'failure to answer' an unasked question. However, read the policy carefully, it might give them an 'out'. Also, repeat the application, saving a screenshot at every stage to show the question is not asked (of course, it might be now!) - Streaky"]

 

 

["Any issues of misrepresentation aside, I'm not convinced that the insurer's assertion will actually stand up.

 

AIUI, it is generally the case that if a policy has been obtained through misrepresentation or non-disclosure of a material fact such that the insurer has the option of voiding the policy, then that policy would remain in existence until such time as the insurer actually declares it void. In such circumstances, the policy holder could not be convicted of using an uninsured vehicle up to the point that the policy was declared void, but he could be if he continued to use the vehicle thereafter.

 

So, if it transpires that your mate was insured, then since the accident was not his fault anyway, things might not be as bad as they first appear."]

 

 

["From what I've read (mainly on here) I get the impression that in most cases the insurers can't retrospectively render you uninsured in RTA terms, but they can decline liability for claims. So they could be obliged to pay out for any 3rd party claims against you, but might well then seek to recover the monies from you. So although you might not be charged with driving without insurance, you could still find yourself at the wrong end of a very large bill if anyone claims against you.

Once they've told you that you are uninsured, of course you are completely uninsured"]

 

 

["Have you tried claiming through a 'none fault accident management company' thus not claiming through your own insurers therefore no excess and no worries as the third party has admitted liability, as you were parked and unattended... easy, problem solved"]

 

 

["Whether a fact is 'material' or not is for the questioner, not the responder.

"Have you declared all material facts?"

"How should I know? Have you asked me all the questions you need to, to establish all the facts and their materiality?"]

 

 

["Nah. ICOBS 8.1 refers ...

 

"A rejection of a consumer policyholder's claim is unreasonable, except where there is evidence of fraud, if it is for:

 

(1) non-disclosure of a fact material to the risk which the policyholder could not reasonably be expected to have disclosed"

 

Knew damn well it was an import, failed to disclose. Despite insurers having to ask clear questions, the onus is not entirely on them, as the regulations clearly state.

 

However, won't make any difference to claiming off the TPs insurance.

 

Don't call the MIB. If you want to whine call the FSA. The MIB has nothing to do with this. "]

 

 

http://www.mib.org.uk/MIB/en/Contact/Default.htm

A couple more.. some of the posters are civilians, some are police and some are solicitors. A police lawyer agrees with the following post..

 

["There has been a couple of important facts here missed out:

 

Firstly - the insurer has now claimed that the driver has never been insured and/or the insurance was voided upon inception. Therefore the insurer has not provided the 'work' for their part of the contract and the insured could argue that they should be refunded what has ben paid so far.

 

Secondly, in this situation you do not need your car or any other object you own to be insured to be able to claim for damage by negligence by another party.

 

Therefore I would contact the insurer back and ask for my money back - failing that tell my bank to retract the direct debits as they were taken by mistake - they *must* do this it is part of the direct debit mandate. If the insurance company wanted paying they would then have to take you to court. It would be a pretty difficult case to argue when they have admitted that they have provided no cover...

 

Secondly, I would go direct to the other parties insurers to start the claim. You are more than entitled to do this.

 

Bob's your uncle - but make sure you get proper insurance for the import."]

 

 

["I might be wary of supporting the insurance company's assertion that you have never been insured to drive the import.

 

His agreement that he was never insured (as part of claiming a full refund, for instance), if made known to the police, could result in conviction for using a vehicle whilst uninsured which carries a minimum of 6 points and £200 fine"]

Some years ago i insured my first Z and due to someone getting stuffed over by the ins comp due to same thing as bigsimon, i double checked,(had been driving it for a couple months)turned out it did not state anywhere in my ins papers that car was import model,got it amended,and also to state car was a FailadyZ 300ZX,better safe than sorry.And one other thing,certain people ins cars as uk not import cars to save a few bob,and then get stuffed,but its been proved so many times that ignorance in the eyes of the law is not acceptable.

 

Tony

i rang my insurers today and they confirmed over the phone that there is a note in my policy to say that it is a japanese import. i made a note of who i spoke to and the time and date of the conversation.

i rang my insurers today and they confirmed over the phone that there is a note in my policy to say that it is a japanese import. i made a note of who i spoke to and the time and date of the conversation.

 

do you mind me asking who you're insured with? I had a problem with mine being insured as uk spec - fortunaltely i realised when i got the docs, but would rather get a quote from an insurer who (seemingly) doesn't take the p on imports!!

 

rich