However, the garage wasn’t at my house but a couple of miles away at my mates. At the time I couldn’t be bothered to be on the phone for hours explaining that so just told them it was at my home address. The fact that it was garaged overnight was the important thing, after all. Plus, my mate’s house is in a rough neck of the woods and I thought it may actually put the premium up.

Anyway, the bike then got nicked from his garage. The insurer decided to do an investigation after checking Google street view and finding that I actually live in a terrace house and have no garage. With that, they have now sent a letter saying something about ‘misrepresentation’ and have refused to pay out. Can I sue them?

Answer

I am gutted that your bike has got nicked. I also get that people do not like insurance companies. However, the fact is you did not want to tell your insurer the truth so you could get a cheaper premium. And now it has bitten you on the arse.

In light of what you have said, they appear to be correct in asserting you have made a ‘misrepresentation’ when obtaining insurance in the first place. If you had come with ‘clean hands’ they may have never insured you; or the premium would have been higher to account for the risk in the bike getting nicked from a garage in a dodgy area not at your home address. If that is correct, I suspect your insurers may well be right in their refusal to pay out under your policy, and there may be very little that legal proceedings are likely to achieve, except cost you more money.

I am sorry to be the bearer of bad news, but I am afraid I cannot give you the ‘golden answer’ you want to here. Unfortunately, your action has had a serious consequence for you.

Andrew Prendergast

More Bikes May 2021