New legislation will enhance
car insurance consumers' rights
18 May 2011
by Janice May
The Government is considering a change to the rules governing car insurance
policies that would put the onus on the insurer to gather all the
information they need from their customers. At present, that onus is on
the customer to disclose all relevant information.
The change would tighten up the information gathered by insurers to
ensure that all relevant areas are accurately recorded. The consumer
would need to be truthful in their responses but could no longer be
held accountable for non-disclosure to
the insurer of material facts if
the insurer had not clearly asked about these.
The move is intended to prevent insurers from turning down claims where
the consumer unintentionally gives the wrong information to the
insurance company although claims will still be invalid where an
application has been fraudulent, as, for example with the 'fronted'
policy.
According to Endsleigh Insurance that reported on this issue, the Law
Commission has estimated that the change could result in insurance
companies paying up to £20m more in insurance claims (excluding
life insurance).
However, the Association of British Insurers (ABI) says that the figure
would be much less and that the insurance industry is already working
on improvements to their information gathering when people apply for
insurance.
The insurance industry has been working hard to reduce fraudulent car
insurance applications as well. The Insurance Fraud Bureau (IFB)
regularly alerts individual insurers to cases of suspected fronting
(typically, where an over 25 pretends to be the primary driver for an
under 25) while insurers themselves look out for fronting and regularly
refuse claims where it is detected, entirely lawfully.
The Government this year will be giving insurance companies access to
the DVLA data in relation to whether drivers have points on their
license; so non-disclosure of this will soon not be possible. While the
insurer's access to this data will require the consumer's consent,
withholding of that consent would generally result in a refusual by the
insurer to insure them.
In addition, the industry is already sharing previous claims data and
the car insurance applicant should not assume that his insurer will not
check up on his record of past claims, rendering non-disclosure unwise
with the potential risk that the consumer will be black-listed as
dishonest which could render future insurance applications problematic.
Of course, the public's perception of the insurance industry is often
that it will seize every opportunity to deny claims even where the
grounds for so-doing are limited or challengeable. Clearly, the aim of
this new legislation is to force insurance companies to 'play fair'
with their customers and not refuse claims on the basis of what might
reasonably be construed as an innocent oversight.
As we've reported on extensively in this blog, however, fraud is
extremely common in car insurance applications as well as claims and it
might
be argued that anything that stengthens the consumer's hand may provide
greater and new opportunities for personal gain by deception; something
the industry has been working hard to counter.
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