Looking for some advice please.
Basically my son was involved involved in a accident in his van. it was his fault in that his unattended van rolled back and damaged a parked car in April 2014. following a claim from the third parties insurers, my sons insurance company phoned him to ask various questions along with DVLA. during the conversation and when asked, he voluntarily admitted to a possession conviction in 2011.
shortly afterwards the insurance company cancelled the policy due to non disclosure, back dating it to December 2013. His policy was taken out in July 2013. they informed him that they would retain the premium to offset against any claim. it was cancelled because when completing the on-line application, via a comparison site, he didn't declare this conviction. going back over the paperwork, we found that the box concerned already had the answer NO in it and he just didn't read it properly.
he freely admitted it over the phone and wasn't hiding anything.
anyway he has now received a small claims notice from the third party for the cost of the damages,£1696,and interest and fees. Over £2000.
the claim form states that the third party claimant has suffered financial loss to this amount.
My son has responded by saying that its the claimants insurance which has suffered the loss because they have paid out for the repairs.
additionally he has letter from his own insurance company stating " No premium refund will be authorised as we have made payments and/ or liabilities as a result the accident/ loss.
Now we have received a county court claim from his insurance companies solicitors seeking a Declaration it validly avoided policy of motor insurance, under Section 152 (2) of the road traffic 1988.
it then goes on to say that " it will however be deemed an Article 75 insurer"
they are also claiming that the policy was void back to its inception, which is not true.
He didn't deliberately set out to obtain the policy by fraudulent means, he just made a mistake in not reading the application form clearly
the legal wording is quite mind blowing and very difficult to understand. Not sure what to do next
He's quite prepared to settle the third parties claim but expects a premium refund from his insurance company if they haven't actually paid out anything
any advice on the way forward would be appreciated. Thanks in advance
Basically my son was involved involved in a accident in his van. it was his fault in that his unattended van rolled back and damaged a parked car in April 2014. following a claim from the third parties insurers, my sons insurance company phoned him to ask various questions along with DVLA. during the conversation and when asked, he voluntarily admitted to a possession conviction in 2011.
shortly afterwards the insurance company cancelled the policy due to non disclosure, back dating it to December 2013. His policy was taken out in July 2013. they informed him that they would retain the premium to offset against any claim. it was cancelled because when completing the on-line application, via a comparison site, he didn't declare this conviction. going back over the paperwork, we found that the box concerned already had the answer NO in it and he just didn't read it properly.
he freely admitted it over the phone and wasn't hiding anything.
anyway he has now received a small claims notice from the third party for the cost of the damages,£1696,and interest and fees. Over £2000.
the claim form states that the third party claimant has suffered financial loss to this amount.
My son has responded by saying that its the claimants insurance which has suffered the loss because they have paid out for the repairs.
additionally he has letter from his own insurance company stating " No premium refund will be authorised as we have made payments and/ or liabilities as a result the accident/ loss.
Now we have received a county court claim from his insurance companies solicitors seeking a Declaration it validly avoided policy of motor insurance, under Section 152 (2) of the road traffic 1988.
it then goes on to say that " it will however be deemed an Article 75 insurer"
they are also claiming that the policy was void back to its inception, which is not true.
He didn't deliberately set out to obtain the policy by fraudulent means, he just made a mistake in not reading the application form clearly
the legal wording is quite mind blowing and very difficult to understand. Not sure what to do next
He's quite prepared to settle the third parties claim but expects a premium refund from his insurance company if they haven't actually paid out anything
any advice on the way forward would be appreciated. Thanks in advance