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JANE J | Can insurance companies refuse coverage if they dispute who was the main driver on the policy ? |
my wife was involved in an accident with a police car- it was their fault- 60 mph on the wrong side of the road- they made a claim for personal injury- our insurance company accepted liabilty then wrote to us saying we had to pay an additional £125 as i was named the main driver when my wife was- now i am worried they will nto cover the costs- can anyone help with advice thank you |
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COLIN T
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They must have had a reason! If for example you had a people Carrier and you insured it with you as the main driver then your wife had an accident at 0850am with your school age kids on board, it would be reasonable for the Insurers to come to the conclusion that she would in fact be the main driver not you! There must have been something about the circumstances to make them think your wife is the main driver.
It is difficult to rebut this if you do not know why they have taken that view. I suggest that you write to the Insurance company re-affirming that YOU are the main driver and asking what makes them think your wife is. Once you have an answer to that you should be able to work out how to illustrate that they are incorrect in their assumption. |
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lee1983
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From my experience insurance companies can refuse to pay for no reason whatsoever , but as long as your wife was a named driver i cant see that they have a leg to stand on really. |
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RAY
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First off to put your mind at rest, it’s incredibly unlikely that the insurer will refuse to pay the third party liability claim against your policy. If they had intended to do so, they would have informed you by now. Since your wife was named on the policy they really have no reason not to pay, she was covered as a named driver so they accepted her as a ‘risk’ all they are arguing about is whether or not they knew she was the ‘main’ risk.
Previous suggestions of hiring a lawyer are incredibly premature, at this stage we’re only talking about 125 quid max and even that isn’t certain yet. Until that changes hiring a lawyer is just an unnecessary cost.
What they seem to be doing is charging you an additional premium on the basis that they would have charged an extra £125 premium if they had known that your wife was the main driver. Whilst this may be legal I find this at best cheeky on their part for a husband and wife policy and odd considering it’s ‘usually’ accepted that the car may be driven equally by both policyholder and spouse.
Apologies if this seems a daft question, but do they know it is your wife? (i.e. do you have the same last name?) I’m not a motor expert but on general principles I’m struggling with why they thought from the start that your wife wouldn’t be doing a lot of the driving (very different from having say your neighbour as a named driver). Personally I wouldn’t just accept this, I’d write back explicitly stating that the driver was your wife, that you disclosed all the facts on your proposal and you see no reason why you should be charged extra.
This is a totally separate issue to the claim and personally I think you have every right to be peed off at paying an extra charge.
It’s always difficult to give advice on things like this as so much of the devil is in the detail, but those are my thoughts…. And hey what does it cost to write and complain! |
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Monique Yo.
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talk to a lawyer. |
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fdrc
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yes . . . they can dispute anything at anytime, forcing you to push back, or forcing you to take them to court, which, they hope will be too daunting of a task. Usually if you have an attorney contact them they will become more reasonable, but then they will drop you like a hot rock. |
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ANDY
 |
Hello
If you are the main driver then you are policy holder. If your wife is in fact the main driver then your insurance could be invalidated due to you supplying false information.
This is to stop young people driving parents cars on their insurance as it is a lot cheaper than when starting to drive.
In your case your wife has probably always been insured on your insurance as either spouse or as additional named driver, but this means she has not built up any no claims bonus, which would make her insurance a lot more expensive than yours.
I would contact your insurance company and firstly ask them who instructed them to accepted responsibility, tell them your wife does not accept responsibility, put in a claim against the police, do not bring up who the main driver is, If the matter of main driver comes up,,,,,,,lie. 60 mph, wrong side of road, they only have priority if they had flashing blue light and siren going and they still have responsibility to drive without endangering others. The £125 may be the access you agreed to when you take out to policy, check your policy, if this is correct then I would say no one is questioning who is the main driver
Andy C |
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Stig Bubblecard
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The answers are a load of rubbish! Having worked for an insurer as long as your wife is on the policy they cannot refuse to pay on the belief that she is the main driver. Your response is for the insurer to prove it.
Also they should not be accepting liability for the accident, on what basis was your wife at fault. The police are not allowed to use the other carridgeway just as the public are not.
I would suggest you complain to the insurer, if they continue to admit liability refer the complaint to the Financial Ombudsman Service. Listen to an ex Police Officer and Legal Exec from an Insurer.
PS Insure with another company and they cannot refuse to pay the third party claim under the Road Traffic Act, unless the insurer indends to stop the policy. In which case they have to give you back the whole premium from the policy inception. |
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