Hi, I need advice or help or both. My ve...

Asked by the Customer on 07-10-2014 17:45:09
Question posted in the Insurance Law category relating to Gauteng

Hi, I need advice or help or both.

My vehile was stolen and still not recovered and my insurance company rejected my claim on the following grounds:ï‚·

"Material Misrepresentation
We wish to refer you to your policy document that states
Your King Price policy... It’s all about you
Your contract with us (King Price) consists of this policy wording, schedule, all written correspondence and verbal agreements. You need to ensure that all the information herein is correct. Incorrect information may influence the validity of the contract and/or the outcome of your claim. (We told you that we record our calls, remember?)
If not correct, please contact us immediately to have it updated.
Remember, incorrect details = incorrect cover
During underwriting of your policy on 7 May 2013 you were asked if you or anyone noted under the policy ever had any claims or losses in the last three years. Your reply was never.
During validation of your claim it came to our attention that you had a claim which was not disclosed.
This information is relevant to both the evaluation and acceptance of the risk. Our rights have been prejudiced by not having been informed of the correct information. Had we been aware of the correct information, we would not have agreed to insure the risk, or would have done so on materially different terms. Our rights have been prejudiced by not having been informed of the correct information."


Please look at the question in bold as well as my answer and tell me if I'm wrong in saying that I might have said never because of how I understood the question. I did have a claim in 2012 but that was not a claim in in the sense of how they asked the question as the guy who drove into me, his insurance fixed my car. So in essence I really never had a claim from my insurance. Also their question was not clear in asking if I claimed from my insurance or a third party's.

Do I have any chance of taking this further as they have now rejected my claim and my thing is just that we take out insurance for this reason or if the car is in an accident and now I have to still pay off something I do not have anymore, but is is exactly why we insure things. Also I need to buy a new vehicle now but cannot do so as I will not be able to afford paying off a new car and still the one under question.

thanks
Alister Sparks
081 438 5857

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