Hello all. I've posted on a few forums to see if anyone has similar experiences to us or can offer any help.
My partner and I had a holiday to the USA booked (flight, car hire, kennels, parking and one night's hotel) from the 18th September.
We had an annual insurance policy which expired on the 13th August. I was intending to replace this with a more competitive policy. However, on the 12th August my partner sustained a serious sprain to her ankle and is still unable to walk.
With the injury in mind I phoned the insurer we were with to ask if we would be covered if we did renew. I was told that we would not be covered for an existing injury at the time of renewal and would have to find specific insurance elsewhere. At this time we were not really concerned about the forthcoming holiday as it was 5 weeks away and the A&E department advised she would be walking within 1 to 2 weeks. With that in mind, I bought another policy on the 17th August.
Unfortunately, now it is apparent that our holiday is under threat. She still has not been able to walk and is now in an aircast after being reassessed by an orthopedic consultant. She has been advised to elevate her leg at all time while not walking and hence could be declared medically unfit to travel as the flight would not be practical.
Obviously our new policy does not cover us for any cancellation but I was wondering if the old policy (now expired) would do. The terms seem to suggest otherwise but I wondered if anyone has some specific experience of a similar event.
i think that you probably have a claim against your first insurer, (i can't see any claim against the second unless you break a leg as well )but you would need to read the T&Cs very carefully. you were insured when you booked the holiday so they should pay out.
i would suggest you either contact a lawyer who knows something about travel insurance, or the citizens advice bureau asap, and take some expert advice.
i would also sugggest you do this sooner rather than later.
i would also suggest that you get a claim form from the insurers asap, as there will almost certainly be a time limit for making a claim, and if you have no definitive expert opinion before the deadline then i would submit a claim anyway.
In your case I would think you will first need to get them to agree that your call did count as a notification. Assuming that they agree then the question arises did you tell them you would not need to cancel ?
Perhaps a member may have experience of such a case. For those of us with annual insurance then we are always going to run into the problem of an injury sustained whilst the policy is in force, but not travelling until it expires. Because in most cases we shall be well they then have the get out clause under the new policy they do not cover existing injuries/illness. A catch 22 problem.
fwh
The real problem is that obviously persueing the claim route I suspect they will reject the claim leading us down the complaint and ombudsman route.
Meaning by the time we get a resolution, positive or negative, the money paid for flights etc will be long gone.
Meanwhile, if I change the booking to next year, we'd keep our holiday albeit at a cost of around £500 odd quid.
Is paying an extra £500 better than losing £1500!!??
:-(
When I called them I didn't give any details (none were asked for) so it would be hard to prove anything.
But the T&Cs do state the trip has to have it's outward and inward journey during the insurance period. My only hope would be proving this is unreasonable......
If you had told them of your possible cancellation, and subsequentally did cancel while the policy was still in force, then yes, of course you would have a claim. As your policy is no longer in existence, I don't see how you can be covered, as at the date of cancellation there is no policy to claim against.
Also with regards to jimd-f suggestion to put a claim in even without a definitive expert opinion. What would you be claiming for? You can't claim for cancellation without providing cancellation invoices etc.
Can I just enquire as to why the holiday will incur an extra £500 if you change it to next year?
The change fee on the flights (which are non-refundable) is £85 each and the flights in June next year are currently £150 more each. Add the administration fees for other stuff and it's getting on to £500.
It's the flights that are the killer. We're going to Denver and the June price should be pretty similar to what we paid but they are currently overpriced.
We'd rather go sooner than June but anywhere between October and late May means having to worry about roads being open in the mountains.
you do not need to provide all the documentation when you initially make the claim. if you read my post again you will see that i was concerned about the time limits which will probably be in force for making a claim ie if you are timed out before you start then there will be no claim. i was purely saying that registering the claim would be a start.
after thinking about this further, i would definitely pursue the idea of changing the holiday, provided you can do this under the T&Cs,
as this will probably be lesss stressful than trying to claim insurance.
i presume the extra £500 is to get the same holiday at a future date. would you consider changing destinations to avoid this payment,
Fair point but I am confused as to where a time limit comes in when there hasn't actually been a cancellation made? There is usually a time limit in which you have time to claim after you have cancelled a holiday (at least there is on our policy).
I think changing dates would be the less hassle option if it is possible.
If you had cancelled on the day it happened, and been able to provide medical evidence that your partner could not travel, you would have been covered as the cancellation was within the policy period. However you are now wanting to cancel after the policy has expired so will not be covered.
You will also not be covered under the new policy unless you had declared the injury at the time of taking it out and had it accepted by the insurer.
luci
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