Car Accident Please Help

I have just been checking the policy again to be sure and my father did not have open drive on his endorsements. I thought as stated in the Description of Drivers that this was suffice.

Description of drivers

a. the insured

b. Any person between the ages of 25 and 71 years inclusive who is driving on the Insured's order or with his consent provided such person holds or has held a Licence(other than a provisional Licence) to drive

c. Any person specified by endorsement in the Schedule herto

Does this adversely affect me?
A question for your solicitor surely?

What definition of "license" does the policy have?
 
I have just been checking the policy again to be sure and my father did not have open drive on his endorsements. I thought as stated in the Description of Drivers that this was suffice.

Description of drivers

a. the insured

b. Any person between the ages of 25 and 71 years inclusive who is driving on the Insured's order or with his consent provided such person holds or has held a Licence(other than a provisional Licence) to drive

c. Any person specified by endorsement in the Schedule herto

Does this adversely affect me?

Sorry, but to me this reads as if it is an extract from the Insurance Certificate , usually a single or at most two-page document, which is not the same as the Insurance Policy, which is usually a multi-page A4 or A5 booklet. The totality of the contract between the Insured and the Insurer is usually both the policy and the certificate together as each document may refer to endorsements or inclusions / exclusions in the other document.

Your legal advisers will need both documents in order to advise you.

Sorry, this seems to crossed with ClubMan's post.
 
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Agree with the above post. As stated already the certificate is valid in conjunction with the policy booklet. The type of licence and exceptions etc are listed in the booklet.
 
I realise at this stage I really need the feedback from my solicitor who is going over the documents to enlighten me on the exact stance of the policy and can then be more knowledgeable in answering such pertinent questions that many of you pointed out. Until I know I can only hope that what I had thought does stand. Thanks for all the help.
 
Just logging to say i have an appoinment with my solicitor on Thursday and will let you know the outcome. thanks for all your input and I am deciphering it in the hope that I have some hope.
 
First off the MIBI appoints particular insurance companies on a rotation basis to deal with possible non insured claims. They act as "insurer concenered"

In many instances however, the insurer who covered the vehicle involved in the collision, will generally deal with the cliam of the Third Party.

The insurer concerned is not providing the uninsured driver with an indemnity and they have recourse to seeking recovery for any payments made. I would make an asumption that your dads insurance company did deal deal with the claim but as insurer concerned.

Some questions I would ask
As your dad was the policyholder did they ever write to him and let him know what happend re settlement of claim.

Did the insurance company reduce your dads No Claims discount - charge higher premium ? Doing so may suggest that they treated you as an insured driver at the time

Mary - the Motor Policy document really will be the key to your case.
In particular you should look at the exclusions under the policy and definition of Insured .

If it is the case that the wording was open driving ,You could (Your sols) argue that the policy wording did not give a clear and unambiguous definition of what consitutes a full licence, thus the courts can apply the Contra Preferandum rule and rule against the Insurance company seeking recovery. The Insurance company could be made indemnify you and treat you as if you were an insured person.

This case really deals with Insurance Law and as such it would be preferable to deal with a solicitor who has dealings with same.

In my expereince if you are unsucessful the MIBI and Insurer concened usually are quite happy to receive small affortable payments per month and your sols can negotiate that.
 
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