Help - Search - Members - Calendar
Full Version: Race can users beware
UK Bike Forum > General > Bike Chat
happysv
I was just talking to a freind of mine in a motorcycle shop and he had a customer in the other day who's brother had been involed in a bike accident an died.
The police took the bike away for an examination and found that the can was not road legal which means that at time of the incident he was committing a crimal act,so what you may think what does it matter if he is dead.
If you tell the insurance about your end can thats ok with them but not ok with the law.

So his life insurance was void due to the above criminal act he was commiting and his wife is not only lost her husband but the family house aswell.

Is it worth it for a bit of noise?????  :no:  :no:
bikerdave
Fecking hell, that sounds a bit dodgy.

Then again, the insurance companies will try anything to try and wangle out of paying up.  :angry:
happysv
T.C have you ever come across this before?
Ian
Having worked in the life insurance industry for nearly 20 years and actually written the terms of many policies I would be very surprised if this was true.  I have never yet seen a policy which has an exclusion which would allow the company to void the policy in circumstances such as this.  Yes it is a general principle of insurance and a policy can be voided if the event giving rise to a claim is a direct result of your own criminal act (for example you kill your wife and try to claim on the policy you took out on her life) but he did not die because of a race can he died because of the accident.  It would be a very foolish claims manager that tries to prove that the death was as a result of the criminal act of using a non road legal can.  If it is true then the woman should be complaining to the financial ombudsman and writing to the press and she will soon get her money.
BikerGran
In any case, using a non- road-legal can would be an offence, not a crime - there is a difference.

I think this is just one of those stories that goes round....
BlandWit
QUOTE
In any case, using a non- road-legal can would be an offence, not a crime - there is a difference.


Clearly I know feck all about feck all... but that's my understanding too. Perhaps m'learned wigged ones can elucidate? Oo1.gif
xsian
Hello I'm back, been very ill for the last couple o weeks but I'm starting to feel ok again.

Anyway, I know from past experience that its usually the bike insurer who will not pay out on a claim, even if you notify any mods to your bike they have to be legal, I would stand being corrected but one of the terms on motorcycle insurance policies is that the machine has to be road legal or comply with the current law.


Oo1.gif  :eyebrow:
Ian
You're right TC there is no link between life assurance and Road Traffic Act cover they are treated totally separately for all purposes.  Your comments about specific exclusions for death whilst using a motorcycle are also spot on there are policies with such exclusions but they are rare and tend to be from obscure companies and not the mainstream providers. Normal commuting/leisure use would not give rise to the need for such an exclusion from a mainstream provider for life assurance or even critical illness cover which typically includes cover for total permanent disability, loss of limbs, paralysis amongst others.
xsian
I am not sure if it happens now but not many years ago travel insurance offered by certain well known motoring organisation had exclusions in them if members rode abroad on a motorcycle, this is why the BMF set up its own holiday insurance schemes as it was becoming difficult to arrange continental touring insurance.

Problem is its difficult to ascertain just what your insurance covers.   sniffle.gif  :sniffle:
bikerdave
It definately sounds as if it would be interesting to find out a little bit more information on this case.

Just wondering out loud here but how would you go about challenging a decision that an insurance company has made. I can't remember where it was that someone mentioned it. But I heard a story about somebody getting rear ended on a bike and didn't get there claim because the insurance company said he had reversed into the car.  :O I think the company was direct line insurance, if I remember correctly.
Ian
If its general insurance (car, bike, house etc)

If you have a complaint about your insurance

The General Insurance Standards Council (GISC) is an independent organisation which regulates the sales, advisory and service standards of its members (insurers, intermediaries - including brokers - agents and anyone acting for them). Its main purpose is to make sure that general insurance customers are treated fairly and properly.

The GISC code sets out standards of good practice which all our members must follow when they deal with customers buying general insurance.

If the member fails to meet the standards of the code, and you suffer as a result, you have the right to complain under an independent complaints scheme to which all our members must belong.

How to complain


Write a letter of complaint to the organisation concerned (marking your letter for the attention of the Chief Executive) - in this letter you should set out your complaint and make clear how you want the dispute resolved to your satisfaction


GISC members must belong to the Financial Ombudsman Service or the GISC Dispute Resolution Facility - members must advise customers of the scheme to which they belong


Most insurer members will belong to the Financial Ombudsman Service (FOS) which can be contacted on 0845 080 1800 (calls charged at local rate).


All other members will belong to the GISC Dispute Resolution Facility which can be contacted on 0845 601 2857 (calls charged at local rate)
GISC will not always be able to deal with your complaint, but where we cannot we will advise you if there is another course of action you can take. As a guide, GISC will deal with a complaint which:


concerns a general insurance policy for an individual (eg: personal insurance for yourself, your family and your property, but not life assurance or pensions)
concerns a matter occurring on or after the date on which the member joined GISC
but cannot deal with a complaint which:


doesn't relate to a member of GISC
covers commercial/trade activity
is already the subject of arbitration or Court Proceedings
is covered by the Financial Ombudsman Service

If its life assurance or investment linked business such as a mortgage endowment.

FSA Consumer help

If none of this works and you still feel you have a case try the press or TV and get yourself a lawyer.
bikerdave
Thanks Ian, good info.  :buttrock:
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2012 Invision Power Services, Inc.