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Driving without insurance without knowledge with a twist

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crowstopper | 12:20 Wed 09th May 2007 | Road rules
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Ok I know I have seen topics on this before but not one like this, I have recently had a crash with another car, a nock for nock on a small countryside road. That's not the thing. When the insurance company (I am a named driver on a full comp insurance) was contacted they informed us that our policy had lapsed and it had not be renewed. However here comes the different bit, my mum had recently received a letter from the insurer saying that the insurance was due but it would automatically continue due to it being on direct debit (this letter has been chucked out). However a week later she got the insurance though for another car we have (under same company) that she decided to pay in full over the phone. so when she was on the phoned she asked if it was correct that she would not have to do anything for this other car, the person at the insurance company said no it was fine and would automatically continue. So she thought no more about it, now about 6 weeks on from this I had this crash and am now probably going to be prosecuted for driving without insurance as the insurance company say it is not their fault and say we were not covered even though they did not send a letter saying it had lapsed. So what I want to know is what will be my punishment for this it is totally not my fault but since I was driving I am going to be persecuted as in the eyes of the law it just looks like someone driving without insurance who has had a crash, as I only passed my test around a year and a half ago will I lose my licence. I have no convictions and have never been in trouble with the law.

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Has your Mum checked her bank account/credit card to see if they took the premium? If they did, then she needs to kick their a*ses and you should have been covered. If not, all may still not be lost since they have a direct debit and it could still be their incompetence that they didn't renew. Or was the direct debit refused because of lack of funds (in which case someone - bank or ins co - should have told her).

Keep on at the company, they do make mistakes and this one could be serious for you.

There is a moral to this story - never throw out a letter like this from the insurance company (amongst other things, it must have told her how much they would be extracting from her bank account. Also, in phone conversations, always note the date and time and the name of the operator you're talking to. Try to get their surname too, because "Susan" could be one of many operators with that name!

Finally, since "calls may be recorded and monitored for training purposes", try to get them to dig out the recording of the phone call where your Mum was told she was still covered. I bet they've conveniently lost it!

Finally finally, insurance companies don't write to tell you a policy has lapsed.
Well there are two avenues, one as previously said is to check if the direct debit was still in place, this can be proved by the bank, and if so that strengthens your case if no attempt was made to take the DD and if has always been taken before . However there are two things I do not understand. Insurance companies normally tell you if it is due but they normally ask you to confirm if you want it to continue or if any circumstances have changed. Then they usually send a letter saying that your insurance is now paid for and send you the certificate which of course you would need to get tax etc. So why did you not wonder why you had not received the insurance certificate? At the end of the day it is up to you to ensure you are insured by making sure you have the certificate, however if the phone calls can be traced and you find that the direct debit was not taken I would contact the Ombudsman if there is one and try to plead your case.

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