Hurricane52
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Good to hear you are ok. Great to feel your positivity. Hope your new squeeze is even better than your old one.
This Hurt
- Thread starter BJL
- Start date
allandwf
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Article 75 is confusing.
BJL
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Article 75 is a rule bought in after a spate of 'Crash for cash" accidents.
It states that if the insurer can prove you deliberately caused them financial loss they can void your policy so you become an uninsured driver.
Once invoked they are not responsible for any loss to anyone which means you or any third party.
It has now been extended to cover illegal driving such as driving over the alcohol or drug limit, excessive speeding, dangerous driving, racing on the highway and misrepresentation of your driving history when applying for insurance.
The worst part is the injured innocent party ie the person hit can sue the liable driver personally for their losses and their own legal insurance cover will help them do it, so you could lose your house given the size of claims that could result.
Nobody tells us of this at the time of applying, it's all in the small print but some cheaper end insurers are actively looking for reasons to invoke Article 75.
Be very aware.
It states that if the insurer can prove you deliberately caused them financial loss they can void your policy so you become an uninsured driver.
Once invoked they are not responsible for any loss to anyone which means you or any third party.
It has now been extended to cover illegal driving such as driving over the alcohol or drug limit, excessive speeding, dangerous driving, racing on the highway and misrepresentation of your driving history when applying for insurance.
The worst part is the injured innocent party ie the person hit can sue the liable driver personally for their losses and their own legal insurance cover will help them do it, so you could lose your house given the size of claims that could result.
Nobody tells us of this at the time of applying, it's all in the small print but some cheaper end insurers are actively looking for reasons to invoke Article 75.
Be very aware.
Phil H
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****'s teeth Barrie, so sorry to hear that. At least you were relatively unscathed, and I'm sure the replacement motor will compensate for the write off - it looks fantastic.
A point of interest; a number of insurers now offer some level of indemnity against 'uninsured' drivers, so if the lady's insurers deny liability does that mean she was uninsured at the moment of impact? If so, might it make your claim a bit easier?
A point of interest; a number of insurers now offer some level of indemnity against 'uninsured' drivers, so if the lady's insurers deny liability does that mean she was uninsured at the moment of impact? If so, might it make your claim a bit easier?
Wack61
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There's the problem , mentally ill woman is allowed to drive , selfish cow wasn't getting enough attention , Ive had one friend who killed himself , no outward signs , just didn't turn up for work one day
That's how people with real illness do it , quietly and alone
Glad to hear you walked away from it and I hope she sees a prison cell.
That's how people with real illness do it , quietly and alone
Glad to hear you walked away from it and I hope she sees a prison cell.
BJL
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It has been explained to me that the insurance companies legal department invoke it if they are sure of the circumstances particularly if in this case there was an admission of liability. The carer in the car totally freaked but confirmed the intent.
I was told it cannot be challenged if liability is undisputed.
Scaf
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I am not trying to be smart as I only heard of article 75 for the first time in your post, so it’s Google that I have looked at.
I am relieved there is a process to follow and insurers can’t invoke this off their own back.
quote
An insurer may look to seek Article 75 status within RTA law if it transpires that the policyholder failed to declare an important fact (such as a drink-drive ban). In this case the insurer will cancel the policy as if it was never incepted (known as ab initio). To do so, an insurer must apply for a declaration under Section 152(2) of the Road Traffic Act 1988 through the court system.
BJL
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Maybe her insurers did and maybe it was also because her mental health history was not disclosed. All I know is Zurich tried to overturn it but could not. There is no appeal process once invoked. I’m sure the court process requirement has been well rehearsed by some insurers who see this as manner from heaven.
BJL
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Not sure how it will pan out but I’ll keep you posted on that one
BJL
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rockits
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Sorry to hear of this and remember admiring it when we met and chatted under that pop up gazebo one wet Saturday at a meet.
Glad to hear you are OK and here to tell the tale. The car can be replaced. You cannot.
Boils my p1ss how scumbags like insurance companies try to worm out of their responsibilities at any opportunity. Then when they go bust are too big to fail and need us idiot tax payers to bail them out. Either way we always need to bend over and assume the position.
What annoys me is a poor woman who is clearly not well has not had the help and support she clearly needs. Then has felt this is the only way out and it all has been allowed to happen. So society has let her down.
I take it she is still alive and never managed to fulfill her wish? Which kind of makes it worse as now has to bear the burden of this on her conscious/mind now. That will make her better.....not!
Sad state of affairs that the last year has clearly not helped. We have all been in some dark places at times I'm sure. We just need to all be a bit nicer to each other and not so selfish.
I cannot of course condone her actions but she clearly had many issues and not thinking straight or at all.
These insurance companies are another example of the low life's of society at the bottom of my Xmas card list with a few others.
I'm guessing the don't return the insurance premium paid bearing in mind they haven't covered anything? Almost stealing is it not if they don't. Taking money under false pretences.
Who can read 800 pages of T&C's on your average insurance policy document? If I read all the T&C's for everything I would spend 24/7 reading them!
Glad to hear you are OK and here to tell the tale. The car can be replaced. You cannot.
Boils my p1ss how scumbags like insurance companies try to worm out of their responsibilities at any opportunity. Then when they go bust are too big to fail and need us idiot tax payers to bail them out. Either way we always need to bend over and assume the position.
What annoys me is a poor woman who is clearly not well has not had the help and support she clearly needs. Then has felt this is the only way out and it all has been allowed to happen. So society has let her down.
I take it she is still alive and never managed to fulfill her wish? Which kind of makes it worse as now has to bear the burden of this on her conscious/mind now. That will make her better.....not!
Sad state of affairs that the last year has clearly not helped. We have all been in some dark places at times I'm sure. We just need to all be a bit nicer to each other and not so selfish.
I cannot of course condone her actions but she clearly had many issues and not thinking straight or at all.
These insurance companies are another example of the low life's of society at the bottom of my Xmas card list with a few others.
I'm guessing the don't return the insurance premium paid bearing in mind they haven't covered anything? Almost stealing is it not if they don't. Taking money under false pretences.
Who can read 800 pages of T&C's on your average insurance policy document? If I read all the T&C's for everything I would spend 24/7 reading them!
Ewan
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- 6,812
Wow!
But glad to hear you’re okay Barrie.
I bet passers-by saw a broken Ferrari and assumed a boy-racer had run out of talent.
We can’t blame the poor woman for being mentally incapacitated. But we can blame the insurers for being, well, ......
Sounds to me like someone needs to challenge this clause.
But glad to hear you’re okay Barrie.
I bet passers-by saw a broken Ferrari and assumed a boy-racer had run out of talent.
We can’t blame the poor woman for being mentally incapacitated. But we can blame the insurers for being, well, ......
Sounds to me like someone needs to challenge this clause.
