Car Accident Please Help

Usually the open driving restriction applies to EU licences only. A full American licence over here is deemed the equivalent of a provisional Irish as far as insurance is concerned (as you cannot change an American licence to an Irish without sitting a test)
 

Ailbhe, is this what you believe to be true or is there any link to an official body who state this? Haven't heard that before...
 
In the meantime my 'friend' made a claim and the insurance company paid her in excess og 300,000 punt.


Why would an insurance company pay out this sum on a policy they reckon isn't in force at the time of the accident for the reason of (your license not complying with their terms of the policy) why didn't they just walk away and say nothing to do with us? surely its an admission of liability.?
 
So when the OP states that the insurance company paid the 3ook setlement ,does she mean it was the MIBI who in fact settled the claim ?
 
GOBSTOPPER said:
So when the OP states that the insurance company paid the 3ook setlement ,does she mean it was the MIBI who in fact settled the claim ?
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I took it that that was the case after reading her second post, though it still isn't 100% clear I'd imagine that it was an MIBI settlement.

As a matter of interest mary, why do you refer to the passenger as your "friend", if her settlement was €300,000 (whether to her or the total including costs) you must have caused her serious injuries. Do you feel she shouldn't have sued?
 
Lauren said:
Ailbhe, is this what you believe to be true or is there any link to an official body who state this? Haven't heard that before...
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I work in insurance and a person can drive over here on an american licence if they are a tourist but insurance rates are based on a provisional licence holder. If a person with a full american licence moves permanantly to Ireland they must apply for a provisional licence and sit the Irish driving test.

[broken link removed]
 


Thanks for clarifying...I wonder if other posters were aware of this? I can see why the OP assumed she was ok to drive though...
 
Rules

If you are not from any of the above countries, (for example, if you are from Canada, the United States or New Zealand), and you hold a national driving license or an international driving permit from your own country, you may drive in Ireland for the duration of your temporary visit (up to 12 months).


If your stay in Ireland will be more than 12 months and you are not from one of the listed recognised countries/States, you can apply for a driving license in Ireland. You must first you must complete a driver theory test, apply for a learner driving permit and complete your driving test in Ireland. If you pass your driving test, you will be issued with a full driving licence for use in Ireland

If you returned to the U.S.A. within 12 months of entering Ireland then i think you could have a case for claiming that you were driving under a recognized full license at the time of the accident as described in the rules above from the citizens info website. therefore be covered under the original policy. you need a proven solicitor to Analise this case fully.
 
It might define what it means by "Licence"
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This is the key question. The word "Licence" in the policy has a capital letter, therefore there is a definition of "Licence" in the small print on the policy. This definition will say exactly what is or is not regarded as a license to drive under the policy. You need to check the definitions.
 
aircobra19 said:
Does the definition Licence vary between insurance companies?
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Yes. Some will only allow open driving with a full Irish licence, sometimes it's a full EU licence. In the case of tractors it is a valid licence for the vehicle (ie a 16 year old with a tractor licence can drive). The definition is usually too long to fit on the cert. Therefore it usually will have some reference (any driver aged 25 to 70 with a licence as defined etc etc). All companies have different variations and specifications for their open driving.

*I am assuming that the OPs dad had open driving on his car though it hasn't really been specified*
 
I am delighted to hear all of your responses. I will try my best to update you as I am trying to undestand myself all the implications and legal terms.

There is nothing in the Policy that states the laws of ireland apply to this policy.

I never had a full Irish Licence then but do now.

I have no documentation from the MIBI. Any correspondence I rreceived was from solicitors and Insurance Company. But that is a very intersting point and I wonder would it be too late to bring them into this?

As regard to my friend she still is my friend but unfortunately as it stands I have no assets or funds and a family that I take care of. I also received serious injuries and this is a serious situation for my family right now and they have no idea about this.
 
Thats a very interesting point also from Gobstopper. It is worth bringing to the solicitors attention.

Thanks again to all your responses.
 
Also i believe there is an International Driving Licence that can be obtained with a simple application and a small fee paid and no test required and is accepted in this country. Can anyone clarify this although I did not have one either.
 
There was a time when the AA (and possibly other organisations) issued grey-coloured International Driving Licences. I used to get these regularly when I needed id with a picture in the States and other countries, when we had the pre-EU licences here. They were always endorsed "not valid in country of issue" or some such. All you needed to get one was your licence, a passport photo and their fee. They normally had a 1-year validity.
 


Any chance the original poster could address these points?
 
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?
 
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