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| Avoiding Car Insurance Claims, From Being Declined |
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| Written by Harvey Williams |
| Thursday, 24 July 2008 20:15 |
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Some time ago it was feasible to for an insurance company to pay a motor claim that would have otherwise been declined, simply because the claimant had been a long term and loyal client to the company. Even today it is not inconceivable that an insurance company will make a decision to pay a claim on commercial grounds, for example where the claimant is a very major and highly profitable client. However the days of paying out a claim in order to treat a long-term client decently, are long gone and many clients risk having claims declined. When a vehicle is on contract hire, the contract hire company owns the vehicle but the hirer insures it. Therefore when an insurance company refuses to pay a claim, the hirer becomes responsible and contract hire companies are seeing this happen more frequently. In the case of minor accidents, insurance companies rarely look too closely at the circumstances. However in the event of a serious accident, it makes very sound financial sense for the insurance company to examine the circumstances of the accident and take a close look at the driver. An insurance company is answerable to its shareholders and its shareholders would not appreciate it paying out claims when it has good grounds for refusing to do so. Most insurance company's terms and conditions state that the vehicle must comply with the manufacturer's specifications, so the vehicle must not be modified in any way without informing the insurance company. That is why it is advisable to always fit the manufacturers recommended tyres. Employees should be told that under no circumstance should there be any modification made to the engine of their company car. It is not unheard of for employees to have the engine of their company vehicle "chipped" this is a process that changes the way the engine control unit manages the engine and increases the brake horsepower of the vehicle. This would give an insurance company a very good reason to refuse to pay out on a claim, if the vehicle is involved in an accident. In any event it will invalidate the vehicle's warranty. Also the company car must be kept in a roadworthy condition. If a company vehicle is on contract hire, then there is usually not much to worry about; it will on average be less than two years old and regularly serviced and maintained. In a case where a company buys and keeps it's vehicles for longer than the typical contract hire term, maybe four or five years, then ensuring they are, in what an insurance company would consider is a roadworthy condition, can be more difficult. The risk of a vehicle developing a fault that could make it un-roadworthy generally increases, the higher the mileage. Of course it is not only the lack of maintenance that can cause a vehicle un roadworthy; depending on the circumstances of an accident, having the wrong tyre pressure, where the tyres are unevenly, over or under inflated could cause the insurance company to deem the vehicle to be in an un roadworthy condition. Incorrect tyre pressure can affect road holding, steering, braking and the overall handling of a vehicle and in an accident can often be a contributory factor, particularly in wet conditions. If a vehicle is involved in an accident, it is not unusual for the insurance company to check that the car is roadworthy; it is in their interests to do so. Of course if the circumstances of the accident were such that it is clear that the accident has been caused by another vehicle, this would not be a factor. If it is the case that the employee's actions have clearly caused an accident, perhaps where they have lost control on a corner or failed to brake in time, then it is quite possible that the insurance company may want to inspect the vehicle, to satisfy itself that the car is in a roadworthy condition. It is not uncommon to find that company car drivers have incorrectly inflated tyres, or just neglected to check them. It is important that employees are made aware of this danger, recommending them to check their tyre pressure, when the tyres are cold, at least every two weeks. This will also help reduce the company's overall fuel consumption. It is also important that tyre wear is regularly monitored to ensure that tyres do not go below the legal limit; with servicing intervals at 18,000 miles and more, one cannot rely on being advised during servicing, that it is necessary to consider changing tyres. Having tyres that are below the legal limit is not maintaining a car in a roadworthy condition. Sometimes only part of the tyre is worn; running the car with the incorrect tyre pressure can cause this. Many company bosses seem unaware or unconcerned, of the risks posed by of a company car being uninsured due to employees driving whilst in excess of the legal alcohol limit, Insurance companies are able to refuse to pay out on a claim, if the driver is under the influence of alcohol. In spite of all the evidence as to how alcohol affects psychomotor skills, there are a hard core of offenders who believe that this does not apply to them and that their years of drinking and driving has allowed them to master driving whilst drunk. There is some evidence to suggest that this not so much the younger driver but often men in their 50's. 19% of car accidents that result in a death are believed to involve alcohol. Sadly the death is often not the drunk driver but an innocent pedestrian, another motorist or sometimes children. Employers that make it very clear to their employees that they can be instantly dismissed if they drink and drive are not only helping to avoid the company car being involved in an accident without insurance cover but possibly also saving a life. The same will apply if the employee is under the influence of drugs. The company should also take into account that an employee may be taking a prescription drug that could affect their ability to drive safely. It would perhaps not be unreasonable for a company to check with an employee if they feel this could be the case. With the new legislation that comes into force in April 2008, the company is responsible for ensuring that its employees are safe when driving on company business. Another risk is when the insurance company believe that a loss has been caused by negligence on the part of the driver. An example of this would be where an employee has left his car, either on the drive or in the road, with the engine running; many do this in the winter so that when they get into the car, it is already heated up. If an employee does this, or leaves the keys in the car when at the petrol station and an opportunistic thief jumps in and drives off, the insurance company is unlikely to pay out. There are employers that have never checked their employee's driving licences, relying instead on a copy provided by the member of staff. Some photocopy the original and feel that this is satisfactory. Not considering the possibility that whilst in their employment the employee could be convicted for drunk driving and continue driving whilst disqualified. In the event of an accident it is inconceivable that the insurance company would be prepared to meet the claim. New legislation introduced in April 2008, makes the employers responsibility for the safety of their employees and others, including whilst the employee is driving on company business; if there were a death the employers could find themselves prosecuted. If a contract hire broker is being used to source the company vehicles, most established contract hire brokers offer a licence checking service, if not there are other companies that specialise in providing a licence checking service. Regularly checking an employee's driving licence is the only way a company can be sure that this type situation does not arise. An employee could be disqualified, or have accrued other convictions after the company has taken a copy of the licence. It is important to have these checks carried out not only to ensure the company's insurance is not invalidated but also to protect the company in view of the new legislation. If an insurer refuses to pay out on a claim, one should not be necessarily assume that they are correct in doing so. There is the Financial Ombudsman that will deal with any complaints or disputes in this respect. In a case we are aware of, one of our clients had his vehicle carjacked, the insurance company refused to pay out the claim of 60,000, because they said that they had written to him on a number of occasions telling him that he must fit Tracker to the vehicle, which he had not done. They argued that had tracker been fitted, the vehicle might have been recovered. However when an expert was called in on behalf of the client, things changed. Our understanding is that the expert stated that whilst the insurer had indeed written to the client with regard to Tracker, they had not at any time told him he would be uninsured without it. The claim was settled. In summary it can help to avoid claims being declined by observing the following: Ensure that the vehicle is properly and regularly maintained; Tyre pressures should be checked at least every two weeks, preferably when cold; No modifications should be made to a vehicle, without informing the insurance company; Drivers must take action if a warning light is illuminated; Employees should be warned of the dangers of driving whilst in excess of the legal limit for alcohol consumption; Drugs, including prescription drugs, can affect a driver's ability to drive safely. Drug testing is now used by some companies, up to 80% of large US companies test for drugs, although there are concerns regarding false positives; Vehicles should never be left unattended, with the engine running; Use one of the specialist companies or a contract hire broker to regularly check employee's driving licences. Observing these points will at least help to avoid motor insurance claims being repudiated Very often when motor insurance claims are declined, the insurer claims that the driver has been negligent. Some employers, perhaps with justification, worry that company car drivers are more prone to be negligent with the company car than they would perhaps with their own vehicle. It seems that negligence is a factor in accident claims not being paid, throughout the world; following an accident in America the insurer refused to pay a claim for accident that happened when the owner of a new motorhome thought the vehicle would drive itself after he had switched to cruise control. This did not stop him taking legal action against the manufacturer of the motorhome claiming that they should have told him that cruise control didn't encompass steering, braking and knowing where to go etc. Common sense does not appear to be a factor in the American legal system; he won his case. About the Author: For more information about contract hire, lease purchase, finance lease or vehicle hire purchase in the UK please contact Bowater Price plc 01494 536 536. Kindly provided by MoneyHunter.org You are welcome to use this article on your own website, if you include the link just before this text. |
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