"it wouldn't be fair to assume that every person paying a higher price for a vehicle should be aware that their vehicle could be modified. Such a suggestion is a little absurd. "
re your comments, why would the vehicle be at a higher price. Surely you would question this when you buy the vehicle otherwise you would go for the cheaper of the two vehicles? At the end of the day you are paying for the vehicle and having to insure it, make sure you know what you are buying (buyer beware)
I agree it is not common for insurers to pursue a policyholder to refund a TP claim but that is each and every insurers option to pursue if they wish.
To be honest I have dealt with quite a lot of cases like this and have always said, if the vehicle is modified and the policyholder is innocent of misrepresentation then we deal with the claim on the basis the premium is adjusted to reflect the insured vehicle's Correct specification.
I understand people will say that it is not the policyholders fault that he did not know what the vehicle was but why should the insurer pay for their mistake. They are only pricing the policy on the information given to them so if that information is wrong then as far as I am concerned why shouldn't the insurer adjust the premium before dealing with the claim?