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Insurance co. not paying for loss-of-use as I stated 3 cars in household?

1448 Views 19 Replies 8 Participants Last post by  The Guv.
When signing up for my insurance policy I said that there was 3 cars in the household, not mine, now they're claiming that they won't be paying for loss-of-use (so far calculated by them at about £650) as they 'assume' that I have use of these cars?!

I 'assume' they have no grounds for this? Considering that all owners/registered keepers need their cars for work and I'm not a registered keeper of any of them nor a named driver? I certainly wasn't made aware when asked the question that this would mean I was not entitled to a loan car or loss-of-use claim!
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Blimey, not heard that before.

Quite a novel get out isnt it.
Normally the question 'Do you have access to any other vehicles' is asked when getting a quote on a website. Check to see if this was one of the questions (it may also be somewhere on your insurance certificate or the insurance 'schedule').

As for having access to other vehicles - not without the owner's consent you don't. So if you've not been given permission then you don't have access to them. Tell them to stuff that in their pipe and smoke it :smoking:
Not seen that question, though I'll be looking out for that now.

What a hole to fall in..
Also see if you can get an insurance loss adjuster to help or represent your case.
AA/RAC might be able to put you in touch with one.
As above, check the wording on your proposal form - most common variations are - 'how many vehicles in the household' and 'how mnay vehicles od you have access to'.

Would imagine their arguement if the latter would be, 'you've got a discount as you have access to other cars, therefore reducing our claims costs'.

I'll see what I can find out for you mate :L
Would check you policy documents, more so around claims and courtesy cars. Would not imagine it contains a clause that you won't get a courtesy car if you have access to other cars - never seen it before. Therefore, if you're entitled to a courtesy car and didn't recieve this benefit, you're entitled to reimbursement of any costs paid out as a direct result of being without a vehicle.
Wasn't asked about cars I have access to as at the time of the policy, it was none.

Just looked through the Policy and it states:

You told us that there are 2 other cars in your household.
Nothing else is said about that. She actually told me that I said there were 3 cars listed! I assumed I included my sisters car even though she wasn't at that address. Going by this information written on my Policy she's been telling porkies!

Jokers :annoyed:

Do you think I could request legal cover (through my original policy) despite there being no 3rd party?
Pretty sure, from memory, legal cover does not cover you for disputes with your own insurance company. Only thing you can do is push the matter, and if they don't back down - the whole complaints procedure again, then referring to FOS.
Just take your insurance to the small claims & let the court decide, You can file for it online and it doesnt cost much.

Have one last go with your insurance stating this fact & record the call if you do it over the phone.

Explain you have tried to come to an agreement with them but they failed to resolve your issues.

As you mention they do ask how many cars in the household & if you have access to them, doesnt mean you can use them when you need to though.

I have used my sisters car before but only when its convenient.
With the above, if you are going to start recording calls, you must advise the call handler of this and get their permission (most of which will not) other wise it cannot be used.
Was deffo asked about how many cars in the household and I assumed that's just part of a risk calculation (eg. likely to drive other cars 3rd party or others likely to drive my car 3rd party). But if they asked me if I had access to them the answer would have been a straight no. Not because I don't have access to them, but because I choose not to drive very expensive cars 3rd party only! :)

I've recorded a call before and let the other party know, he didn't object so I don't think that would be too much of an issue other than my mobile phone bill will hit the roof! lol
OurKid85 said:
With the above, if you are going to start recording calls, you must advise the call handler of this and get their permission (most of which will not) other wise it cannot be used.
Are you sure that's right. Most places record the calls, but just tell you that they are - it's not optional, and they don't ask if it's ok. As long as you've told them you are doing it, there's naff all they can do about it.
If they've already said they are recording the call, do you even need to let them know that you are doing the same? Both parties are aware the call is being recorded from the off...?

--Rich
Only companies have to inform you that the call is being recorded private individuals can record the call for personal use.

So record the call and make a transcript of the conversation. If they call you a liar and you end up in court, The court can allow you to play the recording as evidence.

It is for personal use so you cant just go and play it to anyone.
Still a bit of a grey area, The only people that disagree with it are the ones that have been caught out. I found this out after reading the forums on the moneysavingexpert website.
Oz said:
OurKid85 said:
With the above, if you are going to start recording calls, you must advise the call handler of this and get their permission (most of which will not) other wise it cannot be used.
Are you sure that's right. Most places record the calls, but just tell you that they are - it's not optional, and they don't ask if it's ok. As long as you've told them you are doing it, there's naff all they can do about it.
It is optional, well to an extent. If you challenge it and advise you don't want it recorded, they'll just ask you to put your request in writing. That way it is still documented.
Rich said:
If they've already said they are recording the call, do you even need to let them know that you are doing the same? Both parties are aware the call is being recorded from the off...?

--Rich
As purple said, still a bit of a grey area. Whilst they advise you calls are recorded, they could use their recording. If we record this end, some judges may deem it inadmissible due to it being obtained illegally, some may allow it. Luck of the draw I suppose
Aye, for a recording to be used in court both parties would have to acknowledge that the call is being recorded.

Can I record telephone conversations on my home phone?

Yes. The relevant law, RIPA, does not prohibit individuals from recording their own communications provided that the recording is for their own use. Recording or monitoring are only prohibited where some of the contents of the communication - which can be a phone conversation or an e-mail - are made available to a third party, ie someone who was neither the caller or sender nor the intended recipient of the original communication.

Do I have to let people know that I intend to record their telephone conversations with me?

No, provided you are not intending to make the contents of the communication available to a third party. If you are you will need the consent of the person you are recording.
[quote name=The Guv.]Aye, for a recording to be used in court both parties would have to acknowledge that the call is being recorded.[/quote]

But... as the insurance company has already stated the calls are recorded "for training purposes", both parties are already aware the calls are being recorded. The conversation took place after the insurance company informs the customer - not giving them a choice - that the call will be recorded.

Surely a second recording of the call by the other party needn't require a further announcement, as both parties are already aware that the call is being recorded?

Just saying... I'm under the impression that they'll record all calls(as they tell me when waiting to speak with someone), and either delete them after a set period of time, or whenever they end up placing the company in an awkward position... ;)

--Rich
I have a right to the recorded calls, but I fairly sure they say 'Calls MAYBE recorded' which might cause complications lol.

I don't worry about telling them though, helps them think a little better.
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