What happens if some of the information provided when subscribing a car insurance are incorrect? I recently bought a car in UK and I subscribed a new car insurance. I did my best to answer all the questions with accuracy. However, I cannot remember very well when was my last claim and the previous insurance company (which was abroad) doesn't have that information anymore. I believe my last claim was about 20 years ago, so when subscribing the new insurance I claimed my last claim was 20+ years ago. What happens if in reality it was 19 years ago? Unfortunately, I have no way to verify that. Does that mean in case of an accident, the insurance wouldn't cover? Would that mean the third party would ask me to pay for the damage instead? Also, there were silly questions like if I use the car for social purposes only. I normally use it for social purposes, as I take the train for work. But let's suppose one day there is a train strike and I have to take the car for work. Then let's suppose that day I have an accident... so what happens? Does that mean the insurance doesn't cover? They asked me to install a device on the car to monitor my usage: does that mean that if I use the car for work only once, then they don't cover any other accident even when using the car socially?
The insurer can avoid the claim for a qualifying misrepresentation The remedy that is available depends on whether the qualifying misrepresentation is either (a) deliberate or reckless, or (b) careless. If it is deliberate or reckless, the insurer may avoid the contract, refuse all claims and retain the premium. If the misrepresentation is merely careless, the insurer may only avoid the contract if it can show that it would not have entered into the contract of insurance at all had the insured complied with its section 2(2) duty. In those circumstances the insurer must return the premium. If the insurer would still have entered into the contract but on different terms, or would have charged a higher premium, then proportionate remedies as more commonly encountered under the provisions of the Insurance Act 2015 apply. Your misrepresentation that your last accident was more than 20 years ago when it was 19 years ago is careless and the insurer must prove that they would not have offered you car insurance if you hadn’t made that mistake. They aren’t going to be able to do this and they are unlikely to try. However, if it was last year then that starts to look deliberate or reckless, if so, you have no insurance. You might convince a judge that it was mere carelessness if the claim was minor and you car was off the road only for a day or two. If the insurer can show that it never offers insurance to people who make such a disclosure, then you have no insurance. More likely is that they would have charged you a higher premium or excess or both - you are insured but you owe them the difference. “Social purposes” will be defined in the policy Particularly since it’s a weird term. Most policies would use “private use” or “commercial/business use”. Driving to and from work would normally be “personal use”, driving for work would be commercial. Usually within those definitions there are reasonable exceptions. For example, personal use might include not more than X number of business use per year. Now, this type of situation is unlike the past-crash data because it is a representation of your intentions and no one can accurately predict the future. However, insurance contracts almost alway contain an obligation for the insured to inform the insurer of changed circumstances that increase risk. So, if you start using your car for business, you have to tell the insurer and they may adjust your premium. However, if you had been using it for business and stopped, you don’t have to tell them because the change reduces the risk.
No, not for 1+ years See section 47 of the Motor Vehicle Act 1988: (1) When a motor vehicle registered in one State has been kept in another State, for a period exceeding twelve months, the owner of the vehicle shall, within such period and in such form containing such particulars as may be prescribed by the Central Government, apply to the registering authority, within whose jurisdiction the vehicle then is, for the assignment of a new registration mark and shall present the certificate of registration to that registering authority: [...] Related: 1 2
According to Rule 286 of the Highway Code then the actual legal requirement doesn't mention an exchange of insurance details. If you are involved in a collision which causes damage or injury to any other person, vehicle, animal or property, you MUST ... give your own and the vehicle owner’s name and address, and the registration number of the vehicle, to anyone having reasonable grounds for requiring them While you clearly can't provide the registration number of a bicycle, the other details still appear to be legally required. Note that the section on Rules for cyclists specifically states that These rules are in addition to those in the following sections, which apply to all vehicles (except the motorway section).
Is it legal in the US for a company that rents out car parking spaces, to bundle the renting of a parking space to buying insurance for the content of the parked car? Yes. Honestly, I'm a little surprised that I've never see this practice in real life. All things not prohibited are allowed, and there is nothing, per se illegal about bundling services and requiring them to be purchased as a package deal (there may be some licensing issues for insurance sales involved, but those would probably be easily overcome). Sometimes bundling gives rise to an anti-trust violation, but neither the parking lot operation business nor the car insurance business are so consolidated that this would fairly be viewed as some kind of anti-competitive practice.
Let's be quite brutal here. Inexperienced driver doesn't mean the driver made a mistake. Lots of friends in the car doesn't mean they interferred with his driving. Loud music in the car is totally legal. &quot;Perhaps was distracted&quot; - &quot;perhaps&quot; you were distracted by looking at the passengers of this car instead of yielding? It seems that you drove without due attention. You noticed at the last moment that you had to yield. &quot;Yielding&quot; isn't just stopping right at the last second, you have to drive in a way that it is visible for others that you are going to yield, and you didn't. The other driver was 100% correct to assume that you wouldn't yield. Then you come up with an accusation that a police officer was biased. That's a very, very strong accusation. It's impossible for you to prove. It's the kind of accusation that will cause the judge to believe that you can't accept your own faults, and that you need the maximum possible fine to make you realise your mistakes. That's why you need a lawyer. A lawyer will either make sure that you only say things in court that actually help your case. Or will advise you not to fight this in court at all, if that is better for you. If you go to court on your own, you'll only get yourself into trouble. And if there was bias by a police officer, and a witness lying, and a driver driving without attention, then a lawyer with experience in these things might be able to prove that it court, although that would be a very tough call, but you on your own don't have a chance in hell. You say &quot;the shop owner lied&quot;. The shop owner says &quot;no, I didn't&quot;. So what's your next step? You don't know. Your lawyer knows. That's why you need a lawyer.
With the additional information in the comment, the approach most likely to give you a good outcome would be to present this as a dispute between the retailler and the manufacturer. Make a note of who said what and when, and try to obtain written confirmation from the retailler. It sounds like the retailler is currently on your side, which makes your position stronger as your legal contract is with them and they will have obligations under the Consumer Rights Act 2015 (I'm assuming you bought the item as a private individual and not as a business). Note that you may not have a right to replacement. Consumer protection legislation and warranty terms include several ways the supplier can provide redress (usually repair / refund / replace). Since the preference is replacement, you will not be able to argue an inherent design fault with the product. This may give the manufacturer the opportunity to assert that the retailler, or you, specified an incorrect fitting kit - or that it was incorrectly installed. If the fittings were supplied with the foil, you could argue that it was an issue with these that led to total loss of the rest of the foil. It looks like you currently have grounds to claim this against the retailler. If there's no satisfactory resolution, consulting the Citizens Advice bureau would be a good place to start.
Not a lawyer, but: In many countries, a purchased item is your property once you removed it from the premises of the seller. In practice, this rarely makes a difference. You have entered a contract with the seller where the seller has to deliver the product, and you have to pay the money, you did your part, they have to do their part. There would be a difference if the item was stolen while in the store, or damaged by fire, or if the store went bankrupt and bailiffs took the item. If these rules apply in your country, then what they did is not theft, otherwise it would be theft (in all countries, if the store removed the door from your home after it is installed, that would be theft). You paid for a door, the store owes you a door. You have a legal contract. Both sides are bound by that legal contract. They have to do what the contract says (delivering the door that was displayed in the store), if they can't, then they have to do the nearest thing that isn't to your disadvantage, like delivering a new door. Or possible a different door that was on display. They can't just declare your contract invalid because it suits them better. That wouldn't be the case if this would put the store at an unacceptable disadvantage. For example, if thieves had broken into the store and stolen ten doors, including yours, the store might get away with returning your money. Since they intentionally sold your door again to someone else, I don't think they could use this as an excuse. I'd go once more to the store and ask them whether they want to deliver a door to you, according to your contract with the store, or if they want you to get a lawyer. A letter from a lawyer might work wonders. (Or of course the lawyer might tell you that I'm completely wrong, but they don't know that, so telling them that you will hire a lawyer might be enough).
The first thing to notice is that the £100 offer appears to be a legit offer. That is to say, accepting it will create a binding agreement between you and the company. There is no reason yet for the company to believe that you have suffered more damages, and you do have reasonable options to prevent them (ask bank for a new card - that's not going to cost you £100). The second observation is that the GDPR does not really affect the first observation. The GDPR itself does not give rise to additional civil claims or special damages. Yes, the GDPR states that the company is in the wrong, but parties can make agreements how a wrongful deed is made right again. And their offer appears to do so. Note that accepting the offer does not take away your continuing GDPR rights. It just affects their past error. You can still ask them whether they have your card data on file today.