Motor In a crash, no license.

[peteb]

Do you have a case law reference for this, or is an opinion? The few policies I've seen make a distinction between the cover of a provisional driver and others. And given the fact that it goes to the skill of the driver being covered, I would expect it to be relevant in the context of "Utmost Good Faith".

Where? Show me an example in a policy wording. Utmost good faith has nothing to with whether you have cover depending on your licence type. You misunderstand the concept. Nobody said the that OP's friend said they had a full insteal of a provisional licence.

So if she fails to produce the documentation how should she proceed??? My expectation is that no insurance company will pay out if it's procedure is not followed. At this point she need to seek legal redress and of course the insurance company would be aware that there must be a problem, otherwise she simply show the licence... These questions are there for a reason, very often there is a problem with the licence and it gives them a possible opt out...
Jim.

Again you are misunderstanding the position here, the OP has indicated that his friend was not at fault here. Any issue with her licence does not apply here. The claim is not under her policy, the claim is under a third party policy. Even if she had no insurance policy, she is still entitled to indemnity under the third party's policy if the third party was at fault. And I have never seen an injured party have to provide a claim form to another insurance company.

 

[POTY]

And I have never seen an injured party have to provide a claim form to another insurance company.

Very common actually.

 

[peteb]

I'm not going back and forth about this. Deal with claims all the time and never before have I seen an insurance company ask a third party for a claim form to be completed. They are not a party to the insurance contract and therefore not subsequent to any conditions post accident to have their claim settled. Hence the reason they don't get asked.

 

[Ravima]

Peteb - theres none so blind as them that cannot see.

if someone is going to be dishonest in insurance, they are well aware that they are putting indemnity in jeopardy and you cannot being them back to the right path.

There's only so much guiding you can do!

 

[mercman]

Hang on one second. If the driver forgot about her licence for 25 years how are we expected to believe that the accident was the other parties fault. I would say her Insurance will be classed as null and void.

IMO, she deserves to do a nice stretch in jail, which might wake her up to remembering the important things in life. Humans do not simply forget about things for 25 years. The old biddy is probably one of those that calls the likes of Joe Duffy giving out about the way young people drive (and they more than likely have FULL licenses) She deserves her just deserts, regardless of the rights and wrongs and the ins and out of breaking the law.

Maybe six months sharing a cell with John Gilligan in Portlaois will ensure she never forgets again !

 

[Karl666]

Hi all,
In a bit of a quandary, friend of mine was in a crash recently, not her fault in any way. However she used to have a provisional license about 25 years ago and never renewed it. She is an elderly woman who pretty much just let it slip passed her. Now I know she is still insured by her own company as the clause 'hold or having held a driving license' applies. She recieved a claim form from the other companies insurance company which requests a copy of her licence and further such details, this has lever her in a bit of a worried state. I'm hoping someone here can advise us on what we should do.
Thank you.

Hi xennon i know threads old but what happened with your friend .?

 

[Ravima]

You're completely wrong here. The matter of a provisional licence and supervision whilst driving is nothing to do with the insurance contract. It is a civil law matter. A driving licence is a driving licence whether its full or provisional for insurance.

Do not Aviva and Axa (to my knowledge) insist that a Provisional Licence holder be accompanied at all times? failure to comply means that whilst the insurer must deal with the TP claim, they have the right under the policy to pursue both Policyholder and driver for their outlay?

 

[emeralds]

You're completely wrong here. The matter of a provisional licence and supervision whilst driving is nothing to do with the insurance contract. It is a civil law matter. A driving licence is a driving licence whether its full or provisional for insurance.

Do not Aviva and Axa (to my knowledge) insist that a Provisional Licence holder be accompanied at all times? failure to comply means that whilst the insurer must deal with the TP claim, they have the right under the policy to pursue both Policyholder and driver for their outlay?

Aviva do for sure. Our son was insured on my car - with Aviva - and he was only to be accompanied by people named on the policy ie. his dad and me. My brother offered to accompany him but son would not have been insured.

 

[Leo]

Just to note this is a 6 year old thread...

 

[PaddyBloggit]

Just to note this is a 6 year old thread...

If you posted or attempted to post to a 6 year old thread on boards they'd ban you, tell you it was all of your own making and probably throw in a few expletives as well!

 

[Leo]

If you posted or attempted to post to a 6 year old thread on boards they'd ban you, tell you it was all of your own making and probably throw in a few expletives as well!

We're all so much nicer around here. Now and again someone does come back with something useful. Here I'm guessing Karl is, or knows someone in a similar position to the OP. So we'll see where it goes.

 

[MangoJoe]

I always hated that dumb "don't drag up old threads" rule about Boards.ie - What a nonsensical and self-defeatingly arbitrary rule.

- Its for reasons such as this that Boards.ie membership is in serious decline to the point that they are seriously worried about their rapidly falling numbers.

I always thought of this crap approach as being roughly comparable to a group of people happily and contentedly chatting about a very interesting topic while sharing useful thoughts and ideas when suddenly some Moron runs into the room and commands them all to shut up and get out while saying "this topic has been discussed before!!!!"

 

[DirectDevil]

Just a view.

If the driver declared to her insurer at proposal that she had a provisional licence that is alright if the underwriters accepted her for insurance.

If the driver renewed her policy every year with the same insurer and there was no change in the licence held or the policy terms and conditions this may well not be a problem.

However, most motor policies are annual contracts. So, if the insurers change their terms and conditions and communicate those before renewal the driver may well have fallen outside the scope of the terms and conditions. By saying nothing where terms and conditions have altered adversely (to the holding of a provisional licence) the driver effectively misrepresents herself as the duty of disclosure of material facts revives at renewal.

She has certainly committed an RTA offence by driving without a current licence.

 

[galway_blow_in]

I always hated that dumb "don't drag up old threads" rule about Boards.ie - What a nonsensical and self-defeatingly arbitrary rule.

- Its for reasons such as this that Boards.ie membership is in serious decline to the point that they are seriously worried about their rapidly falling numbers.

I always thought of this crap approach as being roughly comparable to a group of people happily and contentedly chatting about a very interesting topic while sharing useful thoughts and ideas when suddenly some Moron runs into the room and commands them all to shut up and get out while saying "this topic has been discussed before!!!!"

boards.ie ( or the folk that run it ) appear to have a death wish , the ultra PC culture of administrators has resulted in anyone with a remotely controversial opinion , being site banned

 

[galway_blow_in]

regarding the topic in question here , always thought if you were involved in an accident without a licence , you were in deep trouble even the other driver was doing 100 mph and had just spent the entire day in the pub

 

[DirectDevil]

regarding the topic in question here , always thought if you were involved in an accident without a licence , you were in deep trouble even the other driver was doing 100 mph and had just spent the entire day in the pub

Certainly, you commit a RTA offence if driving without a current valid licence.

As regards the insurance position, much depends on the wording of the individual contract wording.