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I modified my car and didn't inform my insurer. Will this affect my motor insurance cover?

by Murdo Maguire last modified 2007-02-01 09:50

I was recently parked at traffic lights when another car ran into the back of me. It transpired that car had been hit by another vehicle behind them (i.e I was at the front of the pile up). I informed my insurance company and they arranged for a garage to take the car for repairs. They have now sought liability from other parties involved but have had no response. The car has been declared an economic write off. However, my insurance company has now informed me that I had not informed them off modifications to my car and my insurance may be invalid. The insurance people currently have my car and I am awaiting a decision on the modification issue and if they will pay settlement on car. If they decide the insurance is not valid and don't pay for total loss can I get the car back and will i be liable for any charges?

The question highlights two points - first that any slight modification which is not notified to the insurer may result in their refusing to indemnify and secondly that the claim of an uninsured driver can still succeed.

Dealing with these in turn - even minor modifications such as additional body kit can result in an insurer alleging that there has been a material non-disclosure.  Consequently, one must read through all the smallprint very carefully before adding or modifying anything to your car.  One advantage of obtaining insurance through a broker rather than direct with the insurer is that some professional guidance is available.  If the Insurer can validly "refuse to indemnify" - that is to say pay nothing, the Claimant will be responsible for all his or her own damage and any damage negligently caused to other drivers.  Furthermore, in almost all cases, legal expenses cover will not operate if the insurance is invalid.  Where an insurer is refusing to pay, you should always seek some professional advice from a lawyer.

However, this claim will normally succeed in any event as it appears to be a rear-end shunt with no frontal damage and probably the only dispute will be in regard to which of the two drivers behind is responsible.  The After-The-Event Crashguard Hindsight policy is ideally suited to Claimants in a case like this as quite possibly Court proceedings will be required to force the issue but there is every likelihood that the matter would be settled prior to any Court hearing.

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