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#26 03-06-13 14:49:56

MGM
Verified Member
From: Surrey
Registered: 24-10-11
Posts: 861

Re: just had a motorcycle accident whos at fault??

kaf wrote:

This shows need to read your policy carefully.

They just about all are clear on the need to report any accident.

They are also pretty clear on reporting any convictions.

They are not all,as clear in terms of impending prosecutions.

Ratty has clearly had some advice and I will not argue with that.

But, unless the policy contains a definition of 'impending prosecution' and makes it clear that such a term includes being offered a course, then it is not unreasonable for a policyholder to act in good faith and not notify when offered a course that they intend to complete.

In laymans terms, they might honestly not consider that they have a prosecution impending.

Unless ins co makes it really clear or asks the specific question, it is likely that the ombudsman would come down on the side of the customer.

Courses are normally offered on condition that they are completed within about four months of the (alleged) offence. This leaves the police/CPS time to issue a summons within six months of the offence if, for whatever reason, the course is not competed.

The prosecution is therefore still impending until the course has been completed, and if asked, the policyholder would therefore need to declare it.

After the course has been completed, the policyholder can truthfully say that there has been no conviction and there is no impending prosecution.

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03-06-13 14:49:56

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Re: just had a motorcycle accident whos at fault??




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#27 03-06-13 20:38:09

ratty
Member
Registered: 05-02-11
Posts: 466

Re: just had a motorcycle accident whos at fault??

MGM wrote:
kaf wrote:

This shows need to read your policy carefully.

They just about all are clear on the need to report any accident.

They are also pretty clear on reporting any convictions.

They are not all,as clear in terms of impending prosecutions.

Ratty has clearly had some advice and I will not argue with that.

But, unless the policy contains a definition of 'impending prosecution' and makes it clear that such a term includes being offered a course, then it is not unreasonable for a policyholder to act in good faith and not notify when offered a course that they intend to complete.

In laymans terms, they might honestly not consider that they have a prosecution impending.

Unless ins co makes it really clear or asks the specific question, it is likely that the ombudsman would come down on the side of the customer.

Courses are normally offered on condition that they are completed within about four months of the (alleged) offence. This leaves the police/CPS time to issue a summons within six months of the offence if, for whatever reason, the course is not competed.

The prosecution is therefore still impending until the course has been completed, and if asked, the policyholder would therefore need to declare it.

After the course has been completed, the policyholder can truthfully say that there has been no conviction and there is no impending prosecution.


But if the insurance company had not been informed earlier they can also say that the policyholder did not tell them when there was an outstanding prosecution! As I have said, we all have different legally binding contracts with different insurance companies so it is wrong to generalise. I do think though that people should consult their insurance companies if they are offered a course, that way at least they did all they can if something goes wrong later.

Just to add to this, I asked the head of the local service provider if they were prepared to give me in writing that people did not have to inform their insurance companies, he refused!

Last edited by ratty (03-06-13 20:40:36)

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