Our Avondale Dart was stolen 6 weeks ago and we were devastated. We have just heard from our insurance company who are refusing to pay us anything as they say that our caravan was not kept in a "Locked Compound". When we took out the insurance we explained that it would be kept (with lots of other caravans) at local stables which were locked at night but were open for access during the day. At the time they agreed to this and proceeded to take our payments each month. At the time they even said they knew the premises we were talking about!!!! Can they move the goalposts now? We feel like we have been robbed for a second time!! We have written back disputing this but what are our chances of success?
Insurance claim
- Thread starter FionaandJohn
- Start date
Fiona
I spent most of my life battling against Insurers for a living.
If you would like a "no strings attached "impartial view please ask Mr Mods to send you my e-mail address.
Cheers
Dustydog
I spent most of my life battling against Insurers for a living.
If you would like a "no strings attached "impartial view please ask Mr Mods to send you my e-mail address.
Cheers
Dustydog
Fiona,
I am very sorry to hear of your loss, I hope you are successful in your claim. Who is the insurance company?
I am very sorry to hear of your loss, I hope you are successful in your claim. Who is the insurance company?
We are insured with Royal Sun Alliance through caravan guard. We only had it six months and it is our first caravan. We thought we had done everything possible to protect it and cannot now believe what has happened!
Fiona I've done it for you. Let me have the ful policy details and I'll see if I can help you to reach a happy resolution.
Cheers
Dustydog
Cheers
Dustydog
Parksy
Moderator
Sorry to learn that your caravan was stolen Fiona.
I've sent an email to you with Dustydog's contact details.
Keep us posted and good luck.
I've sent an email to you with Dustydog's contact details.
Keep us posted and good luck.
Hello Fiona,
I am sorry to read of your loss, and the difficulties you are now encountering. I sincerely hope that it can be resolved satisfactorily.
I hope that Dustydog can offer some help,
But my views on the matter is this:
Provided you supplied all the details of the site and its limited security measures and the insurance company accepted them, then they cannot refuse to pay out solely on the grounds of insufficient external protection.
You would have a very strong case if you have written confirmation from the company of their acceptance of the arrangement, provided this pre-dated the policy being issued. But as virtually all insures proudly tell us that phone calls are recorded for training purposes, even a verbal acceptance should be sufficient, provided the recording or the transcripts confirm the agreement.
That all sounds quite positive, but I have to be realistic and draw your attention to the possibility that you may have misinterpreted the policies, clauses or information from the company. This is why written details are so important.
I assume that you either obtained your policy through a broker or from a direct line. Which ever way you will have spoken to an 'agent' who as far as you are concerned represents the company and who speaks or writes with the full authority of the company.
If the company now states that an agent does not have the authority to vary the terms of a policy then their agent was wrong to imply that you could be covered. You would have a claim against the agent for misrepresentation.
If the company retrospectively changed the agents agreement with you, you should have been advised in writing and offered a full refund of any premium payments made or the chance to conform to the policy details.
If the company continued to accept your payments, despite the fact they knew of your pre-disclosed situation and as a result were not prepared to cover your caravan, that is Fraud.
Sadly It all hinges on whether the arrangement you thought you had was actually fully agreed and properly adopted by both sides.
On possible last glimmer of hope, even if the actual outcome was that your caravan not covered, but the communication's were ambiguous or not sufficiently concise, it may classed as an unfair contract.
I am sorry to read of your loss, and the difficulties you are now encountering. I sincerely hope that it can be resolved satisfactorily.
I hope that Dustydog can offer some help,
But my views on the matter is this:
Provided you supplied all the details of the site and its limited security measures and the insurance company accepted them, then they cannot refuse to pay out solely on the grounds of insufficient external protection.
You would have a very strong case if you have written confirmation from the company of their acceptance of the arrangement, provided this pre-dated the policy being issued. But as virtually all insures proudly tell us that phone calls are recorded for training purposes, even a verbal acceptance should be sufficient, provided the recording or the transcripts confirm the agreement.
That all sounds quite positive, but I have to be realistic and draw your attention to the possibility that you may have misinterpreted the policies, clauses or information from the company. This is why written details are so important.
I assume that you either obtained your policy through a broker or from a direct line. Which ever way you will have spoken to an 'agent' who as far as you are concerned represents the company and who speaks or writes with the full authority of the company.
If the company now states that an agent does not have the authority to vary the terms of a policy then their agent was wrong to imply that you could be covered. You would have a claim against the agent for misrepresentation.
If the company retrospectively changed the agents agreement with you, you should have been advised in writing and offered a full refund of any premium payments made or the chance to conform to the policy details.
If the company continued to accept your payments, despite the fact they knew of your pre-disclosed situation and as a result were not prepared to cover your caravan, that is Fraud.
Sadly It all hinges on whether the arrangement you thought you had was actually fully agreed and properly adopted by both sides.
On possible last glimmer of hope, even if the actual outcome was that your caravan not covered, but the communication's were ambiguous or not sufficiently concise, it may classed as an unfair contract.
hello John L
Thank you for your comments. Dusty Dog has indeed been very helpful and discussions are ongoing with the insurance company. We are keeping our fingers crossed and will keep the forum updated with events!
Thank you for your comments. Dusty Dog has indeed been very helpful and discussions are ongoing with the insurance company. We are keeping our fingers crossed and will keep the forum updated with events!
Fiona, please read my posts about the trouble I had with my insurance company.
I haven't mentioned their name but I think you can guess who they are.
http://www.practicalcaravan.com/newforums/fm_messages.asp?FO=15&FM=454245
Brian
I haven't mentioned their name but I think you can guess who they are.
http://www.practicalcaravan.com/newforums/fm_messages.asp?FO=15&FM=454245
Brian
It has now been seven months since our caravan was stolen and today we received a cheque from our insurance company for our caravan and equipment! Over the last stressfull seven months we have written dozens of letters and made an infinite number of phone calls and followed their complaints procedure to the letter!
We would like to say a big THANK YOU to Dustydog, who has advised us and supported us all the way. At times we felt the situation was hopeless but Dustydog encouraged us to keep going and we are so happy that we did! We know you spent a lot of time helping us out with this, Thank you, thank you!!!!!
Thank you also to this forum, it was such a relief to find others that know how you feel and are there to offer support!
So now our only problem is finding a new van and to start planning next years trips. What a nice problem to have!!
Fiona (and John)
We would like to say a big THANK YOU to Dustydog, who has advised us and supported us all the way. At times we felt the situation was hopeless but Dustydog encouraged us to keep going and we are so happy that we did! We know you spent a lot of time helping us out with this, Thank you, thank you!!!!!
Thank you also to this forum, it was such a relief to find others that know how you feel and are there to offer support!
So now our only problem is finding a new van and to start planning next years trips. What a nice problem to have!!
Fiona (and John)
Fiona and John should never have been put through this trauma.
Forum etiquette precludes mentioning the Insurers involved but come next July they can be named on here legally.
The Insurer and Intermediary involved are a disgrace to the entire Insurance Industry.
They say their terms and conditions are as stated in Wickipedia NOT English Law.
They breached all the FSA Guidelines on treating customers fairly and even breached the timescales for achieving a final answer to the original complaint.
Why? Because they said they had too many complaints to deal with and this one was at the bottom of the pile!!
Compensation for all the distress and lost holidays is currently being reviewed by the Financial Ombudsman Service.
So , a word of warning to all.
Be very careful who you insure with. Be absolutely clear you understand all their small print and special policy conditions, particularly in regard to storage and security.
Cheers
Dustydog
Forum etiquette precludes mentioning the Insurers involved but come next July they can be named on here legally.
The Insurer and Intermediary involved are a disgrace to the entire Insurance Industry.
They say their terms and conditions are as stated in Wickipedia NOT English Law.
They breached all the FSA Guidelines on treating customers fairly and even breached the timescales for achieving a final answer to the original complaint.
Why? Because they said they had too many complaints to deal with and this one was at the bottom of the pile!!
Compensation for all the distress and lost holidays is currently being reviewed by the Financial Ombudsman Service.
So , a word of warning to all.
Be very careful who you insure with. Be absolutely clear you understand all their small print and special policy conditions, particularly in regard to storage and security.
Cheers
Dustydog
Well done dustydog once again.
Im so pleased for you Fiona, well done for not giving up, as im sure they think we would do as they are such big companys. choose well and try the cc for insurance, I havent had the misfortune to claim as yet but I do know others have and have said it has been very easy and painless to make and settle the claim.
Im so pleased for you Fiona, well done for not giving up, as im sure they think we would do as they are such big companys. choose well and try the cc for insurance, I havent had the misfortune to claim as yet but I do know others have and have said it has been very easy and painless to make and settle the claim.
Parksy
Moderator
I'd like to extend heartfelt thanks to all who have posted here to support Fiona and particular thanks to Alan (Dustydog)who has been extremely helpful as is usual for him and has helped with this issue away from the glare of the forum.
Enjoy your search for your replacement caravan Fiona and remember when you've made your choice before you insure it........... Ask Dustydog!!!
Enjoy your search for your replacement caravan Fiona and remember when you've made your choice before you insure it........... Ask Dustydog!!!
I'm very pleased that you had a successful conclusion to your claim Fiona.
Also a big well done to Dusty for doing what any good caravanner will do, that is to help others in the face of adversity.
Insurance companies are one of my top of the pops of rip off merchants.
Unfortunately in this dog eat dog world we live in one has to get every coversation confirmed in writing. Even to the point of taking photos of the scurity devices etc to confirm that there is agreeance prior to paying out for a policy.
Even after that they will try to worm their way out of coughing up.
Also a big well done to Dusty for doing what any good caravanner will do, that is to help others in the face of adversity.
Insurance companies are one of my top of the pops of rip off merchants.
Unfortunately in this dog eat dog world we live in one has to get every coversation confirmed in writing. Even to the point of taking photos of the scurity devices etc to confirm that there is agreeance prior to paying out for a policy.
Even after that they will try to worm their way out of coughing up.
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