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      10-17-2019, 10:59 AM   #74
SantaEugence
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Drives: F30 330d xDrive Auto
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Quote:
Originally Posted by isleaiw1 View Post
Quote:
Originally Posted by SantaEugence View Post
Think that Act is pretty much entirely for non-consumer contracts only so wouldn't apply to usual personal car insurance?

As far as I've seen an insurer can 'void' the insurance (treat it as if it never existed) on the grounds of deliberate non-declaration of modifications.
Given it could be argued any tuning could contribute to the majority of accidents (unless you were parked and someone hit you) and therefore the insurer can void on non-declaration, especially if they wouldn't have agreed to cover the risk - eg my insurer cover no mods therefore if I claimed and didn't declare they'd argue they would never have accepted the risk in the first place and void it - why bother insuring beyond third party? I get the prices can get eye watering, but just from a selfish point of view if I crashed my expensive motor I'd be an idiot to knowingly under-declare as there's a very good chance they'd happily dodge the payout.

Given the very kind of accidents you want cover for - the ones where your car has suffered thousands in damage or is written off - are exactly the ones insurers will start utilising vehicle examiners in, its not worth it IMO.

Oh and you should see the level of inspection carried out if it's a fatal collision, your car will have every little bit examined and if you're already in the sights of the law for a driving offence, the nail in your coffin will be undeclared mods because that'll just be more evidence of recklessness. If they were unsure on fault this could also go against you same as being under the influence - the starting point is pretty much the drunk person was at fault.
Plus you'll get hit with no money for your motor and then being sued by the insurer for their losses in paying out which will bankrupt you and all your assets.
That's true... see this bit....

the duty of fair presentation under the 2015 Act and prohibition of "basis of contract" clauses only apply to non-consumer insurance contracts (because the duty of fair presentation and prohibition of basis of contract clauses already applies to consumer insurance contracts under the Consumer Insurance (Disclosure and Representations) Act 2012); and
the application of the 2015 Act to consumer insurance contracts is mandatory and cannot be contracted out.

But it was the easiest way to show what fair presentation and impacts are!

So it doesnt apply to consumer insurance as that was covered elsewhere but I only deal in non consumer policies at work and so the idiots guide to insurance act was available to me!
The FCA apply similar principles under their handbook for consumers but deliberate or reckless non-declaration for something as serious as a mod increasing power by 20%, seems an easy out for any insurer. If they can show you knowingly didn't declare it as well, game over.