Insurers 'Charge Retrospectively for Customer Speeding Fines'

By Mark Harris
Published on 4 Aug 2008
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Insurers 'Charge Retrospectively for Customer Speeding Fines'

Customers are experiencing retrospective charges for non-disclosure - a demand which might not even have legal justification.

Car insurance firms are hiking premiums retrospectively on customer disclosures of previous driving offences - with the increased prices sometimes extending back for years.

An investigation from the Guardian newspaper has also revealed that it is unlikely that such customer non-disclosure, for speeding fines and other penalties, legally entitles insurers to ask for more money.

Helen Hernandez-Sanchez claims that she was charged an extra £518 for four years of using Diamond's insurance without having informed them of her two speeding fines from 2004 and 2005. "I was aware you had to tell them about motoring convictions but this was a fixed penalty, not a court appearance," she said.

"I realise now this was a mistake. If it had been on purpose, I would not have told them at all."

Commenting on the case, Diamond told the newspaper that their policy of retrospectively charging was supported by the Financial Ombudsman. "This is a policy we have always had," it added. However, the Ombudsman said that the policy was, in fact, "not something we recognise".

A spokesperson commented: "A non-disclosure problem without a claim is a very unusual scenario. We have not issued any guidance on this specific set of circumstances."

Michael Whitton, a solicitor at law firm Edwin Coe, also said that non-disclosure of the charges "does not automatically [cancel] the contract of insurance". He added: "I do not consider Diamond has an entitlement to recover premiums for previous policy years where they say premium would have been higher had it been aware of material facts which were not disclosed."

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Comments (2)

Any opinions expressed below are solely those held by individual users and are not in any way endorsed by, or representative of those held by Money.co.uk. We accept no responsibility or liability for the accuracy or content of any material submitted and maintain the right to publish, remove or edit it as we see fit.
Duncan Lorence
18th Sep 2008 22:16
I have very recently found myself in exactly the same situation as Helen Hernandez-Sanchez. I just realised I should have told my insurer about 6 penalty points, which I duly did immediately. They are claiming £375 in 'back-charges relating to previous years policies. I'm desperate for some legal or regulatory advice. Can my Insurer really do this. I have never made any claims on any car insurance policy and have never had a motor accident. Please help !!
Studio
12th Nov 2008 19:47
I am in the same situation. Just recently payed over a thousand pounds for car insurance backcharges for 9 points. I am considering seeking legal advice too.

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