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Stuart J
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 19428
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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My sons Corsa SXI has been written off by another driver. His

Resolved Question:

My sons Corsa SXI has been written off by another driver.
His insurance company (Privilege) have now said they are voiding his insurance because we didn't tell them about some factory fitted options to the car, a sunroof and SRI bodykit. We were only asked if there were any modifications to the car which I honestly believed to be any changes made after it came out of the dealer, which is not the case.
The third parties insurance will probably pay for my sons car but he will now have to tell future insurers about a void policy and at 17 years old that will probably make him uninsurable. Is there any way we can appeal against this decision as it seems extremely unfair.
They said they wouldn't insure anyone under 25 on a 'modified' car, if this is the case I'm guessing there must be few people driving around with invalid insurance and also should they not have made it perfectly clear to us on the phone that modifications included factory options?
Richard Simpson
Submitted: 12 months ago.
Category: UK Law
Expert:  Stuart J replied 12 months ago.
Hello, I am Law Denning and I am a practising solicitor in a High
Street practice. I have been an expert on this website in UK law since 2008.
During that time, as you appreciate, I have answered thousands of questions
from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other
users, I might not always respond in
minutes, particularly evenings and weekends. Please bear with me in that
case

It is my pleasure to try and assist you with this today. Please bear with me
while I gather some further information from you in order for me to be able to advise you fully.

Do you have a specific question?
Customer: replied 12 months ago.

I thought I had put all the information into the initial question.


Do we have any case to appeal against the insurance being made void as the car came out of the showroom as it is now.?


 


Richard

Expert:  Stuart J replied 12 months ago.




This is typical of the kind of thing that gives
insurance companies a bad name.

Whoever your son has been dealing with is an idiot.
This car is not modified it is, as you quite rightly point out, as it came from
the factory. The test is whether the modifications would affect the risk and a
sunroof and cosmetic changes do not make it a bigger accident risk. It might make
it more desirable to steal to be honest I think they would be struggling to
convince the ombudsman of that.



As the accident was not his fault, and the other
insurance company is probably going to pay out, I don't know why he has
involved his own insurance company except to advise them for information only.



Get him to write to the insurance company or better
still, get a solicitor to write to them saying that this car is not modified, it
is exactly as it came from the factory.



Tell them that if they do not reinstate his policy
and apologise, within the next seven days (give them until a particular date,
then there can be no doubt over when the deadline expires), he will refer the
matter without further ado to the Financial Ombudsman.



To be frank, I wouldn't even wait for their reply
or wait for the seven days, I would refer it to the Financial Ombudsman now.



One thing I will tell you is that the Ombudsman
does not act quickly and when he applies reassurance he needs to tell the
circumstances and tell them that this has been referred to the ombudsman.



Does that answer the question? Can I help further?
Can I answer any specific points?



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I am off-line shortly but will pick this up later
because I am on and off-line each day and weekend so please bear with me.

Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 19428
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
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