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You are about to read one of the best pieces of advice you will ever receive. If you are a regular reader of my rantings you will know that there is one expression that seriously pisses me off, can you recall? You can’t? Let me remind you, it is – ‘a goodwill gesture.’

Thinking of a change but unsure as to the best way to finance your car? Then you need a copy of my car finance book, Car Finance – A Simple Guide by Graham Hill. Click on the link below to buy the best car finance book on the market, available as a Kindle Book and Paper Back.

In the car industry I would suggest that 95 times out of a 100 the ‘goodwill gesture’ is a legal bloody entitlement but in order to cover up a major con or failure the dealer/funder/manufacturer will make good any damage – as a gesture of goodwill! Typically the car part that fails two days after the warranty has run out that is repaired free – as a ‘gesture of good faith.’

Sod off, there is such a thing as the Sale Of Goods Act which takes precedent over a warranty and if a defective part, expected to last for the life of the car, fails, it is a legal obligation, on the part of the dealer who sold you the car, to replace it or repair it. But here is another interesting example. A lady bought a brand new Nissan Qashqai that developed a gearbox fault shortly after she took delivery.

It was agreed that the gearbox was faulty and needed to be replaced but two months down the line the lady, Jill Alexander, was still without her nice new Nissan. Whilst the car was awaiting the replacement gearbox the dealer loaned her a Nissan Micra as a courtesy car whilst Jill was still paying the finance and insurance on her Qashqai.

After a while, and complaints from Jill, the dealer provided a replacement Qashqai so that she could get her mother’s wheelchair in the back. It wasn’t the same spec as her car and there was still no sign of the replacement gearbox. Nissan explained that due to huge demand for their new Qashqai they had no stock of spare gearboxes but they would pay the two months of Jill’s finance as – you guessed it ‘a goodwill gesture’.

They are also looking to replace the Qashqai with an X Trail to provide a better spec car and more space. Now here’s the thing. First of all every car manufacturer has a legal obligation to stock sufficient parts for repairs of new cars sold. Clearly they have failed to do this being more interested in building more new cars than supplying spare parts for customers who have already bought.

Whether the car is on HP, PCP or leased it is the property of the finance company so you first need to involve the funder who can bring more pressure on the dealer or manufacturer than you. But here is the best piece of advice. Make sure that when you take out your car insurance that you take out legal cover that can be as little as £20 per annum.

When you find yourself in this situation get in touch and get a barrister on the case. It’s amazing how quickly dealers and manufacturers act when a lawyer is on the case. In this case Jill has a case to claim compensation for finance payments and any other out of pocket expenses. So Nissan should not only be paying the two months they have agreed to they should be paying for all the finance payments whilst the car is off the road. And not as a goodwill gesture!

Oh and one final thing on legal cover, make sure you also take it out with your contents insurance. If you make a genuine claim and the insurer doesn’t pay out you can call on your insurance for legal advice and get them to act against the insurance company – I kid you not, well worth the few extra pounds. By Graham Hill

It was 2 years ago when I announced that the Government was to instigate a detailed report into the cost of insurance. The Competition and Markets Authority (CMA) were to carry out the investigation and over the subsequent 2 years it seemed as though the results and recommendations would be hugely beneficial to motorists as information leaked out.

Thinking of a change but unsure as to the best way to finance your car? Then you need a copy of my car finance book, Car Finance – A Simple Guide by Graham Hill. Click on the link below to buy the best car finance book on the market, available as a Kindle Book and Paper Back.

The two areas of major concern were (and still are) the cost of replacement vehicles and the cost of repairs, both of which were completely out of control and adding fortunes to drivers’ premiums. But sadly common sense has flown out of the window and the CMA has made a U turn on both of these critical issues.

The original proposal was to place a cap on replacement car costs and a cap on repair charges, both of which the CMA supported and seemed were working on them. However, it now seems that neither are to be implemented because ‘any changes would require full-scale law alterations and savings would be minimal.’ I would add that this report has cost the Treasury £millions and for what?

I am confused as to how a cap on repair costs and a cap on charging for replacement cars would result in ‘full-scale law alterations.’ I could write the bloody changes myself in an afternoon and who would resist the proposals. This must surely call into question the integrity of those carrying out the investigation. And why did it take two years and several millions of pounds to come to that conclusion?

Even the Association of British Insurers (ABI), whom one would assume would defend the way in which its industry works has criticised the report for failing to tackle the excessive cost of replacement cars, saying that this failure would be ‘a bitter pill to swallow for honest motorists.’ This has simply handed those who provide replacement vehicles, such as accident management companies, an open chequebook to continue charging extortionate hire charges.

The ABI appear not to have commented on the capping of repair costs, which may be a more difficult problem to be solved, but it clearly costs more than it should and was another major issue to be addressed that was avoided. Unbelievably, I was not aware that agreements existed between the insurance comparison sites and their advertisers that the advertisers would not advertise cheaper rates elsewhere.

The fact is that I have found the cheapest rate in the past on a comparison site then approached the insurance company direct and achieved a better rate. So this move is hardly likely to make a lot of difference to premiums as many people stay on the comparison site once they have found the most suitable product. Consumers will now receive more information with regard to no claims bonus protection and the CMA has asked the Financial Conduct Authority to look into the way that insurers inform customers of policy add ons (smacks of PI).

Janet Conner, MD of AA Insurance suggested that the changes should save motorists about £20 a year but she questioned the way that the investigation was carried out and if it could have been better approached from a different angle.

Alasdair Smith, CMA deputy panel chairman defended the meagre proposals by saying, ‘These changes will benefit motorists who are currently paying higher premiums as a result of the problems we have found.’ You may have found them my friend but it would seem that you have done precious little to resolve them. Yet another example of jobs for the boys. By Graham Hill

Direct Line, along with many other insurers, offer a like for like replacement in the event of a major accident resulting in a total write off or the car being stolen and unrecovered. It would seem that they offer this type of policy if the car is purchased new but what doesn’t seem to be so clear is the position if you buy an ex-demonstrator with no miles on the clock.

Thinking of a change but unsure as to the best way to finance your car? Then you need a copy of my car finance book, Car Finance – A Simple Guide by Graham Hill. Click on the link below to buy the best car finance book on the market, available as a Kindle Book and Paper Back.

Currently it may take you 6 months to get a Range Rover, however, David Mitchell of Sidcup couldn’t wait so he bought a car from a main dealer that was pre-registered (i.e. registered in the name of the dealership). Soon after buying the car it was stolen so knowing that he had paid full retail price (ie the price he would have paid for an unregistered car) he asked Direct Line to replace it like for like as per his policy.

They refused, claiming that he could only make a claim if he was the first registered keeper, which he wasn’t, it was the main dealer. Instead they offered him the market value which was £10,000 less than the £60,000 he paid for it. After complaining Direct Line stood firm and refused to either replace the car or pay out the full amount paid referring Mr Mitchell to the terms of his policy.

So be warned. Had he taken out ‘back to invoice’ GAP insurance he would have recovered the £10,000 difference. But, to be honest, I’m a little concerned about the policy he took out as some of these like for like replacement policies can be a couple of hundred pounds more expensive. Assuming he didn’t misinform Direct Line when completing his application, stating that he was the second registered owner of the vehicle, he may have a case for miss-selling.

He was sold a policy to include a level of cover that they weren’t prepared to pay out on. Something they knew when he took out the policy and something they clearly failed to highlight. There could also be a claim under the Unfair Terms In A Consumer Contract 1999 legislation. The car was technically new as it was unused, should it really matter if someone else’s name appeared in the registration document first?

Direct Line said that they assumed any buyer of a pre-registered car would be paying much less for the car than a new unregistered car but this doesn’t seem to have been mentioned in the contract. Yes he paid full price for the car but he would have paid the same if the car was unregistered before he took ownership.

Shame on you Direct Line, personally I would take them to court and guess what, if you had legal cover included in your policy you could go through an independent solicitor and they would charge Direct Line for him to take legal action against the Insurer. Don’t you just love it! Sadly Mr Mitchell isn’t a client of mine so he has had to rely upon the advice of journalists. By Graham Hill

Telematics is a fairly new word that started its life within the terminology used by fleet managers wishing to track drivers of their vans to ensure that drivers were not driving too many hours and using the most economic routes. It normally takes the form of a tracking device that records everything from time spent driving to the routes taken by the driver, fuel consumption and even the driving style of the driver.

Thinking of a change but unsure as to the best way to finance your car? Then you need a copy of my car finance book, Car Finance – A Simple Guide by Graham Hill. Click on the link below to buy the best car finance book on the market, available as a Kindle Book and Paper Back.

The process was intended to improve driver safety, improve efficiency and ensure that the driver was involved in as few accidents as possible. But these days the same technology has moved into the consumer market with insurance companies prepared to give discounts to drivers who fit telematics type systems to their cars providing greater discounts to those who drive least and most carefully.

But this has led to legal questions about what data is provided and how it is used. Basic tracking information used for health and safety or economic reasons may be all well and good but what about the times when the company vehicle is being used for personal use and if information is fed to your insurer when is the data likely to cross over into an infringement of personal privacy?

Marc Dautlich, head of information law and partner in the technology, media and telecoms team at international law firm Pinsent Masons, believes employers using such technology need to tread very carefully. It is also believed that Insurers and those collecting data on their behalf need to be equally cautious. Legal issues stem from data protection and employment law, as well as article 8 of the European Convention on Human Rights, under which an individual has a right to ‘respect for one’s private and family life, home and correspondence.’

Not only could telematics systems leave drivers vulnerable to the miss-use of data but as cars now have access to the likes of Google, Facebook, Emails and your mobile address book how is the information that may be stored in your car protected? I reported quite recently about the case of a celebrity’s wife selling her car and the new owner finding the previous owners phone list still stored in the car’s memory, including the home and mobile numbers of numerous famous people.

There are many advantages to having telematics fitted to your car, especially when proving a driver’s speed just prior to an accident but this could all fall apart if data is found to be miss-used by employers or insurance companies. Anyone using the data collected must make it clear to the driver what information will be collected, how it will be used and how long it will be kept for. By Graham Hill

Related articles

• Do You Really Want Your Insurer Monitoring Your Driving Habits? (cheapautoinsurance.org)

Many years ago, when my namesake was racing cars I watched a demonstration by one of the F1 drivers showing how to avoid a skid by rapidly tapping the brake pedal. The driver applied and released the brakes in quick succession which gave greater control as the tyres moved round increasing the grip and avoiding a skid.

Thinking of a change but unsure as to the best way to finance your car? Then you need a copy of my car finance book, Car Finance – A Simple Guide by Graham Hill. Click on the link below to buy the best car finance book on the market, available as a Kindle Book and Paper Back.

It is the principal that developed into what has now been used for many years called ABS. Thousands of lives have been saved as a result of the fitting of ABS to all cars but now Thatcham have called for the latest brake development to be added to ABS and ESP as standard requirements on all new cars.

The new system known as Autonomous Electronic Braking (AEB) is already available or fitted to 23% of all new cars but Thatcham feels that more should be done by the Government to encourage the fitting of this technology by offering a £500 incentive to drivers that have it fitted.

Thatcham claims that the device would save 1,220 lives over 10 years and reduce casualties by 136,000. So what is AEB? It detects vehicles in front and applies the brakes in an emergency in time to prevent a front to end accident. In the more sophisticated systems the ‘radar’ can detect pedestrians and cyclists as well as solid vehicles.

At the moment if the system is fitted to a company car this will increase the driver’s benefit in kind tax and class 1A National Insurance Contributions, this is wrong according to Thatcham as the device is as much for the benefit of those outside the vehicle as inside.

Thatcham have shown that with AEB third party injury claims drop by 18%, whilst studies in the USA have put the reduction at 26%. Amazingly in Switzerland and Sweden front to rear crashes would drop by 31% and 48% respectively.

Whilst I have seen various claims relating to the benefits of AEB it is clear that this technology, if fitted, could save lives so I’m behind Thatcham and hope that they can convince the Government to do something to encourage the fitting of this life saving technology.

It might also help to prevent some of the crash for cash insurance claims so maybe the insurance companies should contribute something. Just a thought!

Related articles

• New AEB brakes ‘safer’ for cars (bbc.co.uk)

As you know I like a funny story and this one made me smile. A young lad of just 17 years his age had a rather sporty looking Corsa which he had fitted with a Carrot telematics box, as required by his insurance company, in order to bring down the cost of insurance. The black box measures his driving style, speed, acceleration and smoothness and adjusts his insurance cost accordingly.

Thinking of a change but unsure as to the best way to finance your car? Then you need a copy of my car finance book, Car Finance – A Simple Guide by Graham Hill. Click on the link below to buy the best car finance book on the market, available as a Kindle Book and Paper Back.

Unfortunately the young lad was devastated to find that his pride and joy had been stolen from outside his place of work in Oldham. However, the black box is also fitted with GPS which pinpointed the location of the car which the police managed to locate a couple of hours later and to the driver’s delight the car was in perfect condition other than a broken window.

However, his concern next turned to his black box, knowing that the car was probably stolen by joyriders and could have seriously damaged his driving score, escalating his insurance through the roof. Having contacted Carrot they found that during the two and a bit hours during which the car had been stolen the thief scored a perfect 10, the first time since this young driver had taken out his insurance.

The even better news was that Carrot allowed him to keep the score which will contribute to his overall score for the year. Brilliant news but I have news for you mate – it was probably your dad who nicked the car! It also suggests that if you are a young driver with one of these black boxes fitted, let your mum or dad drive your car occasionally, it could dramatically improve your score and reduce your insurance costs. By Graham Hill

I have never had a particularly high opinion of insurance companies, not helped by the refusal of Zurich, probably the most crooked insurance company that I have ever encountered, not paying out on a perfectly valid claim when I accidentally spilled a bottle of Lucozade into my laptop computer.

Thinking of a change but unsure as to the best way to finance your car? Then you need a copy of my car finance book, Car Finance – A Simple Guide by Graham Hill. Click on the link below to buy the best car finance book on the market, available as a Kindle Book and Paper Back.

They conveniently retained no copy of the original conversation that I had with the claims person, then produced a scrappy piece of handwritten paper considered to be a ‘transcript’ of our conversation which was a complete fabrication and actually a disgrace and fraudulent in itself.

This didn’t compare well to the transcript provided by Saga of the conversations I had when I took out my policy. The transcript was independently created, word by word, by an outside agency and the script went on for many pages. I was accused of fraud in the most ridiculous of fashions. I complained to the Financial Ombudsman service.

In the first instance an adjudicator reviews the case and gives an interim decision. This is not legally binding but gives an indication as to what the Ombudsman would conclude. On two separate occasions the adjudicator found in my favour and twice the crooked Zurich refused to accept the obvious conclusion reached by the adjudicator.

Finally after two and a half years, yes I said two and a half years the Financial Ombudsman was able to review my case and immediately found in my favour, instructing Zurich to remove all references to fraud or any other references to ill doing on my part from all files. To pay for the replacement of my damaged laptop and compensation along with interest.

Whilst, in my opinion, Zurich are the worst insurance company on the planet, they are probably not alone. A recent report showed that the average car insurance policy runs for 18,000 words taking the average driver over an hour to read. Whilst insurers would claim that they are making sure they cover all eventualities, the cynics, me included, would simply say that they are including as many reasons as possible in order to decline an insurance claim.

According to Fairer Finance, the creators of the report, Endsleigh had the biggest policy containing 37,674 words, more than George Orwell’s classic, Animal Farm. Sheila’s Wheels were next with 32,860 words followed by Esure at 32,631 words. LV was by far the lowest at 6,901 words with next best being Nationwide at 9,302 words.

Fairer Finance are running a campaign to remove unnecessary small print in insurance policies. In order to make the point they analysed over 40 insurance policies, coming up with the average number of words. I agree with them, finance documents have already been scrutinised to keep them simple so applying the same rules to insurance policies is way overdue.

73 percent of people admit to not reading their insurance documents whilst only 17 percent admit to reading and understanding their policies. The conclusion reached by Fairer Finance was that paper is being wasted and raises the question why one company can have a policy of just 7,000 words whilst another uses 5 times as many words to say the same thing.

The Plain English Campaign said that the findings which revealed that some policies were longer than a major novel is a disgrace. A spokesman went on to say, ‘It is difficult to see that this is anything other than a cynical ploy, designed to confuse and frustrate the customer.’

I would go further and say that the longer the policy the more likely they have included obstacles to meeting  legitimate claims. Avoid them and also avoid Zurich who are incompetent crooks. Let’s see what they have to say when they read this, I still have all the evidence – give it your best shot you idiots! Oh and this isn’t the end – this is just the beginning!

That’s why I respectfully accepted the findings of the Ombudsman but refused the proposals as the compensation after 2 and a half years was insufficient. If you have had a claim with Zurich refused please let me know, whether it is car related or not. By Graham Hill

Related articles

• Car insurer small print can be longer than Animal Farm, study shows (theguardian.com)

How safe do you feel driving to work on a Monday morning? If the statistics produced by swiftcover.com are anything to go by you should feel less safe than any other day of the week. According to their 2013 claim data drivers were more likely to have a driving incident resulting in a claim on a Monday (17%) than any other day of the week.

Thinking of a change but unsure as to the best way to finance your car? Then you need a copy of my car finance book, Car Finance – A Simple Guide by Graham Hill. Click on the link below to buy the best car finance book on the market, available as a Kindle Book and Paper Back.

You are 36% more likely to have a windscreen claim on a Monday than any other

A car crash on Jagtvej in Copenhagen, Denmark. (Photo credit: Wikipedia)

day, their statistics showed that the average was 10,000 on a Monday compared to the daily average of 7,922. Monday also sees a rise in single vehicle incidents, i.e. a car that hits a bollard or lamppost with no other vehicles involved. So what are the reasons for this higher number of incidents on a Monday?

Maxine Tighe, head of motor claims at swiftcover.com, suggests that it is the result of bleary eyed motorists recovering from the weekend and trying to get back into work mode lacking concentration. They found that whilst Monday was a bad day for single vehicle collisions Friday was the worst for multi-vehicle collisions as people dash home for the weekend, especially during the rush hour mayhem.

The weekend is safest as there are fewer cars on the roads. On the other hand loss of keys, vandalism and theft all rise on a Saturday and Sunday as cars are more at risk parked outside homes. How very very interesting swiftcover.com! Yawn!

Over the years there have been many reports about claims management companies, otherwise known as ‘ambulance chasers’ allegedly paying off police, health staff and insurance staff for details of anyone involved in car accidents. They then contact the driver to see if he or his passengers suffered any personal injuries and offering to manage any claims, whether injuries were suffered or not.

Thinking of a change but unsure as to the best way to finance your car? Then you need a copy of my car finance book, Car Finance – A Simple Guide by Graham Hill. Click on the link below to buy the best car finance book on the market, available as a Kindle Book and Paper Back.

In extreme cases those involved in accidents have been ‘encouraged’ to make a personal injury claim after suggesting that a little bit of residual back pain could be whiplash. They also provide a management service including a hire car that is recharged to the insurance company.

You could often deal with these things much more efficiently yourself or via your broker than using the claims management company who have been known to recharge the insurance company with the cost of renting a BMW and providing a Citroen C1 (that’s nothing like a BMW).

The latest occurrence of this crime was a crooked staff member working for AVIVA Insurance who passed on details of accident claims to claims management companies. Drivers started getting calls from several claims management companies offering their services – free of charge following an accident.

They would say that they would look after the whole of the accident claim on your behalf. One gentleman had a simple bang into his neighbour’s car which was settled immediately, he then had up to 5 calls a day from accident management companies offering legal advice to cover his ‘injury claim’ when there clearly wasn’t one.

The AVIVA employee has been sacked and an investigation is being carried out by the police and AVIVA have confirmed that no personal or medical data has been passed on and apologised. Their advice, which is the same as mine if phoned, is simply say the claim has been settled and hang up.

They are charlatans trying to make a quick buck whilst increasing all our premiums. I’m sure, whilst greed exists, we haven’t heard the last of this type of crime. Just don’t get into a conversation whenever they call. By Graham Hill

GoCompare.com have analysed 6 million quotes to find out which occupations were most likely to make insurance claims only to find that at a shuddering 44% of healthcare workers were by far the most likely. The conclusions were based on analysis of 2013 figures and resulted in a top 50 of professions most likely to make an insurance claim.

Thinking of a change but unsure as to the best way to finance your car? Then you need a copy of my car finance book, Car Finance – A Simple Guide by Graham Hill. Click on the link below to buy the best car finance book on the market, available as a Kindle Book and Paper Back.

Next with a meagre 16% were professionals (this includes chartered surveyors and engineers). With the same percentage but in 3^rd place was Finance (advisors and accountants), followed by Local Government (town planners) with 12% and Legal at 5^th (probation officers/solicitors) with 8% making claims.

Of the medical profession it was GP’s most likely to make a claim with 28% making a claim in the last 5 years. That is nearly twice the national average of 13.1%. In the top ten list of jobs 8 were in healthcare with nurses, dentists and psychologists featuring highly. Professor Andrew Smith at Cardiff University, expert on occupational and health psychology, said that the stressful nature of healthcare no doubt made it top and added, ‘Stress can cause drivers to become clumsy and absent minded at the wheel.’

Many of the claims were the result of minor lapses in concentration brought about by stress and resulting in relatively minor bumps. Surprisingly car dealers had the best record of all with just 3% having made a claim in the past 5 years. Having said that, like all statistics, they aren’t all as they seem, having had Trader Insurance myself in the past it costs a fortune because it allows all named drivers on the policy to drive absolutely any car with maybe one or two restrictions.

But to get the premium down we took an excess of £1,500 so if any damage was under £1,500 we wouldn’t claim but simply pay for the repair. Even if the repair was a little more we still wouldn’t claim because the no claims discount was worth a fortune. So car traders aren’t any more responsible drivers than healthcare workers, it’s just that the costs were in favour of paying for the repair rather than making a claim.

However it doesn’t explain why a motor dealer would be quoted more for insurance if taken out in his own name than a GP! Something wrong there – or is there? By Graham Hill