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Younger brother summoned to court for insurance
Zuba
post Wed, 16 May 2018 - 08:49
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So here’s what’s happened, my younger brother borrowed his friends new car back in November around a day or 2 after he’d purchased it. He was added on as a driver onto the main running policy as a temporary driver, but on the day he borrowed the car whilst he was parked up (not driving). Officers came up to him saying they’ve checked askmid and the car isn’t insured.

Upon checking with LV, it was because they’d ‘forgot’ to put the car on MID, but reassured us the car was insured, despite the person on the phone asking to speak to the officer the car was still taken and my brother was given the IN10.

Long story short they gave him an IN10 but ofc my brother sent off the insurance certifate showing he was insured and we thought that was over. Now 6 months later he receives a letter about a court summon asking to either plead guilty for no insurance or go to court.

The worry I now have for my brother is when his friend added him as a driver, although the insurance certificate says his name, the schedule has his dob wrong, he’s 10 years older.

Has anyone got any advice?
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post Wed, 16 May 2018 - 08:49
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peterguk
post Wed, 16 May 2018 - 08:54
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If your brother is a named driver on the certificate, and it covers him for the day he was stopped, and there are no other parts to the story we don't know about, i can't see he has a problem.

Is the DOB exactly 10 years out?

This post has been edited by peterguk: Wed, 16 May 2018 - 09:13


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Zuba
post Wed, 16 May 2018 - 09:11
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I can get a letter, but ofc my only worry is that they took down his dob wrong (by 10 years) at the time he was added on.

And yes then insurance certificate specifically said his name.
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typefish
post Wed, 16 May 2018 - 09:22
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Was it added over the phone?

If age does become an issue, one would presume there would be a recording held by the insurance company of the phone call on which the your brother was added onto the policy?
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Zuba
post Wed, 16 May 2018 - 09:42
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Yes the dob is exactly 10 years, I presume they misheard when adding him on. And yes it was added over the phone.

I’ve also read on the officers statement he first went to say my brother supposedly admitted he was uninsured then later goes on to say he was presuming my brother was uninsured due to his age?

My brother didn’t once say he was uninsured, can we challenge this in court?
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peterguk
post Wed, 16 May 2018 - 09:46
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QUOTE (Zuba @ Wed, 16 May 2018 - 10:11) *
I can get a letter, but ofc my only worry is that they took down his dob wrong (by 10 years) at the time he was added on.

And yes then insurance certificate specifically said his name.


I mean get a letter from insurance company saying they would have insured him with the correct age, not the one in the schedule.


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Zuba
post Wed, 16 May 2018 - 09:48
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QUOTE (peterguk @ Wed, 16 May 2018 - 10:46) *
QUOTE (Zuba @ Wed, 16 May 2018 - 10:11) *
I can get a letter, but ofc my only worry is that they took down his dob wrong (by 10 years) at the time he was added on.

And yes then insurance certificate specifically said his name.


I mean get a letter from insurance company saying they would have insured him with the correct age, not the one in the schedule.


That’s the issue, we rang to check this but they did in fact insure him with the incorrect age
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StuartBu
post Wed, 16 May 2018 - 09:56
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QUOTE (Zuba @ Wed, 16 May 2018 - 10:48) *
QUOTE (peterguk @ Wed, 16 May 2018 - 10:46) *
QUOTE (Zuba @ Wed, 16 May 2018 - 10:11) *
I can get a letter, but ofc my only worry is that they took down his dob wrong (by 10 years) at the time he was added on.

And yes then insurance certificate specifically said his name.


I mean get a letter from insurance company saying they would have insured him with the correct age, not the one in the schedule.


That’s the issue, we rang to check this but they did in fact insure him with the incorrect age

But can they provide a letter confirming they would have put him on the insurance using his correct date of birth ....have they amended this now and issued a corrected schedule/ certificate?
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nigelbb
post Wed, 16 May 2018 - 10:07
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QUOTE (Zuba @ Wed, 16 May 2018 - 09:49) *
The worry I now have for my brother is when his friend added him as a driver, although the insurance certificate says his name, the schedule has his dob wrong, he’s 10 years older.

If he is 10 years older than the age the insurance company thought then I don't see any issues in them confirming that he would have been insured. If he was 10 years younger then I can see that there would be a problem. Anyway my certificate of insurance doesn't have my date of birth nor that of my partner.


--------------------
British Parking Association Ltd Code of Practice(Appendix C contains Schedule 4 of POFA 2012 ) & can be found here http://www.britishparking.co.uk/Code-of-Pr...ance-monitoring
DfT Guidance on Section 56 and Schedule 4 of POFA 2012 https://www.gov.uk/government/uploads/syste...ing-charges.pdf
Damning OFT advice on levels of parking charges that was ignored by the BPA Ltd Reference Request Number: IAT/FOIA/135010 – 12 October 2012
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Zuba
post Wed, 16 May 2018 - 10:13
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QUOTE (nigelbb @ Wed, 16 May 2018 - 11:07) *
QUOTE (Zuba @ Wed, 16 May 2018 - 09:49) *
The worry I now have for my brother is when his friend added him as a driver, although the insurance certificate says his name, the schedule has his dob wrong, he’s 10 years older.

If he is 10 years older than the age the insurance company thought then I don't see any issues in them confirming that he would have been insured. If he was 10 years younger then I can see that there would be a problem. Anyway my certificate of insurance doesn't have my date of birth nor that of my partner.


He is 10 years younger than what is on the Insurance schedule. I don’t think any certificate have DOB but surely they would ask for the schedule to support the certificate no?

I’ve requested LV send a letter confiming he was insured.
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peterguk
post Wed, 16 May 2018 - 10:18
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QUOTE (Zuba @ Wed, 16 May 2018 - 11:13) *
I’ve requested LV send a letter confiming he was insured.


Did they say they would send one?

Asked above, since the issue came to light, has LV changed DOB and continued to insure your brother?


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Colin_S
post Wed, 16 May 2018 - 11:26
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QUOTE (Zuba @ Wed, 16 May 2018 - 10:42) *
...... then later goes on to say he was presuming my brother was uninsured due to his age?


How old is your brother (I'm guessing late teens) and what was the car (again guessing something of a high insurance group)?

Would LV have offered insurance had they had his correct age?
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Zuba
post Wed, 16 May 2018 - 11:46
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Its been forwarded to another department so I’m waiting on an email at the moment.

It wasn’t my brothers policy, he was added on his mates policy as a temporary driver for the day.

My brothers 20, and the car was an Audi A7 (I think), if he were to own the car I’d imagine it to be quite expensive
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AntonyMMM
post Wed, 16 May 2018 - 12:12
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QUOTE (Zuba @ Wed, 16 May 2018 - 10:42) *
My brother didn’t once say he was uninsured, can we challenge this in court?


You can - but it isn't relevant anyway. All that matters is whether he was insured or not.

You need to get confirmation that he was insured on the day - so either his age was correctly given, and recorded wrongly by LV, in which case they should accept their mistake and be happy to confirm that insurance was in place, or his age was given wrongly, perhaps because it would have been prohibitively expensive otherwise, in which case LV may refuse to help on the basis that the cover was fraudulently obtained.

As it was updated on the phone it will be straightforward for LV to check exactly what was said.
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Durzel
post Wed, 16 May 2018 - 14:29
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Cheapest Audi A7 is circa £54k. I ran a quote through the LV website just now, with my details but changing my age to 20, and it flat out refused to insure me (I live at a decent postcode too, and put down that it would be garaged overnight).

One would hope that they have made a mistake somewhere because it sounds as if their systems would've rejected the details had they been entered correctly.

This post has been edited by Durzel: Wed, 16 May 2018 - 14:29
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Zuba
post Wed, 16 May 2018 - 14:46
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QUOTE (Durzel @ Wed, 16 May 2018 - 15:29) *
Cheapest Audi A7 is circa £54k. I ran a quote through the LV website just now, with my details but changing my age to 20, and it flat out refused to insure me (I live at a decent postcode too, and put down that it would be garaged overnight).

One would hope that they have made a mistake somewhere because it sounds as if their systems would've rejected the details had they been entered correctly.


It was a 2014 Audi A7, I believe they’re between 15 and 30k depending on the spec. You’re probably thinking of S7 or RS7

QUOTE (AntonyMMM @ Wed, 16 May 2018 - 13:12) *
QUOTE (Zuba @ Wed, 16 May 2018 - 10:42) *
My brother didn’t once say he was uninsured, can we challenge this in court?


You can - but it isn't relevant anyway. All that matters is whether he was insured or not.

You need to get confirmation that he was insured on the day - so either his age was correctly given, and recorded wrongly by LV, in which case they should accept their mistake and be happy to confirm that insurance was in place, or his age was given wrongly, perhaps because it would have been prohibitively expensive otherwise, in which case LV may refuse to help on the basis that the cover was fraudulently obtained.

As it was updated on the phone it will be straightforward for LV to check exactly what was said.


Thank you, I’ll wait for LV to get back to me and leave an update
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nigelbb
post Wed, 16 May 2018 - 18:08
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QUOTE (Zuba @ Wed, 16 May 2018 - 11:13) *
QUOTE (nigelbb @ Wed, 16 May 2018 - 11:07) *
QUOTE (Zuba @ Wed, 16 May 2018 - 09:49) *
The worry I now have for my brother is when his friend added him as a driver, although the insurance certificate says his name, the schedule has his dob wrong, he’s 10 years older.

If he is 10 years older than the age the insurance company thought then I don't see any issues in them confirming that he would have been insured. If he was 10 years younger then I can see that there would be a problem. Anyway my certificate of insurance doesn't have my date of birth nor that of my partner.


He is 10 years younger than what is on the Insurance schedule. I don’t think any certificate have DOB but surely they would ask for the schedule to support the certificate no?

That's the totally opposite to what you said in the OP "the schedule has his dob wrong, he’s 10 years older.". If he was insured because LV thought he was ten years older then he potentially has a big problem. Either his mate lied about the DOB or LV misheard. Their recorded phone call should clear that up.

This post has been edited by nigelbb: Wed, 16 May 2018 - 18:09


--------------------
British Parking Association Ltd Code of Practice(Appendix C contains Schedule 4 of POFA 2012 ) & can be found here http://www.britishparking.co.uk/Code-of-Pr...ance-monitoring
DfT Guidance on Section 56 and Schedule 4 of POFA 2012 https://www.gov.uk/government/uploads/syste...ing-charges.pdf
Damning OFT advice on levels of parking charges that was ignored by the BPA Ltd Reference Request Number: IAT/FOIA/135010 – 12 October 2012
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nosferatu1001
post Fri, 18 May 2018 - 09:27
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Indeed, you need to get a copy of that phone recording.
Very quickly.
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