Can your penalty points be checked?

lazylad · 24-09-2005 1:03am #1

Hey,
I was just wondering if your employers, insurance companies etc can check for penalty points on your licence? I know that points aren't printed on your licence but is there another way of checking? I mean if you say to them you don't have any points can they prove otherwise?

24-09-2005 1:39am

Only one insurance company has access to the penalty points register and thats hibernian so only then can tell if your being honest. As far as insurance goes though on most policys there is a non discloure excess clause which means if you had points and didnt tell them, in the event of an accident you would be stung with a certian eccess usually a few thousand.

Employers cant find out about penalty points, possibly under the data protection act , unless your employer is the department of the enviroment lol

dahamsta · 24-09-2005 5:16am

I've often wondered, why is it only Hibernian that has access?

lau1247 · 24-09-2005 8:09am

i suppose any authority figure can check if they wish to i.e garda

RainyDay · 24-09-2005 9:17am

Jana Victorious Sorceress wrote:

As far as insurance goes though on most policys there is a non discloure excess clause which means if you had points and didnt tell them, in the event of an accident you would be stung with a certian eccess usually a few thousand.

It's much worse than this. If you have lied on your proposal form (and that goes for all the Mummy's boys who have Mummy listed as the main driver when she never gets near the car, and all those farm boys with the country address listed as their main address when they are actually living/working in Dublin), you are driving without insurance. The insurance contract is based on 'utmost good faith' and lying on your proposal form breaks the contract.

I understand that what normally happens in such cases is that the insurance company will pay any claim to 3rd parties, but may well legally pursue the lying customer personally for the costs of this claim. There is no 'few thousand' limit to your liability in such cases.

seamus · 24-09-2005 11:11am

RainyDay wrote:

It's much worse than this. If you have lied on your proposal form (and that goes for all the Mummy's boys who have Mummy listed as the main driver when she never gets near the car, and all those farm boys with the country address listed as their main address when they are actually living/working in Dublin), you are driving without insurance. The insurance contract is based on 'utmost good faith' and lying on your proposal form breaks the contract.

I understand that what normally happens in such cases is that the insurance company will pay any claim to 3rd parties, but may well legally pursue the lying customer personally for the costs of this claim. There is no 'few thousand' limit to your liability in such cases.

Hibernian run a non-disclosure excess though as part of the policy. If you don't tell them, they won't invalidate your insurance, they'll just make you pay the first €2,500 of any claims (which is almost as good as invalidating).

lazylad, Hibernian have access to the DB but they can't run a check on your name without your permission.

Our man in Havana · 24-09-2005 1:10pm

RainyDay wrote:

I understand that what normally happens in such cases is that the insurance company will pay any claim to 3rd parties, but may well legally pursue the lying customer personally for the costs of this claim. There is no 'few thousand' limit to your liability in such cases.

But you can't get blood out of a stone. Most insurers know this and won't bother.

RainyDay · 24-09-2005 6:09pm

seamus wrote:

Hibernian run a non-disclosure excess though as part of the policy. If you don't tell them, they won't invalidate your insurance, they'll just make you pay the first €2,500 of any claims (which is almost as good as invalidating).

You're right in terms of non-disclosure of penalty points. Non-disclosure of other significant items will still invalidate your policy.

Bond-007 wrote:

But you can't get blood out of a stone. Most insurers know this and won't bother.

Correct - but if any other parties (such as parents with signficant assets) are jointly liable, they may well be pursued.

30-6shooter · 24-09-2005 6:42pm

Would you get insured again, having lied and a claim was made. Having a policy cancelled wouldnt look good whe nyou go to get the next years insurance.

They ask ya tha tdont they, have you had an accident or insurance cancelled in the last 5 yrs.

damo · 25-09-2005 11:35pm

Penalty points CAN be checked. All you have to do is ring the department of transport, who have a licencse department, this is where all penalty point information is stored and they can tell you in 2 seconds whether or not you have points on your licence, all they need from you is your license number. So if your employer has a photocopy of your licence he/she can check if theres any points

dahamsta · 26-09-2005 1:16am

Ken Shabby wrote:

I've often wondered, why is it only Hibernian that has access?

Bueller?

RainyDay · 26-09-2005 7:24am

damo wrote:

Penalty points CAN be checked. All you have to do is ring the department of transport, who have a licencse department, this is where all penalty point information is stored and they can tell you in 2 seconds whether or not you have points on your licence, all they need from you is your license number. So if your employer has a photocopy of your licence he/she can check if theres any points

This is extremely unlikely, as Dept of Transport would be breaking the Data Protection Act if they operated in this way. If you have actual evidence that they release penalty point information by phone only requireing a licence number, please report them to the Data Protection Commissioner today.

RainyDay · 27-09-2005 8:11am

Bond-007 wrote:

But you can't get blood out of a stone. Most insurers know this and won't bother.

Looks like the MRBI are taking a different attitude to this

From yesterday's Irish Indo [registration required]

Uninsured will be forced to pay 'windfalls' for motor offences

THE Motor Insurers' Bureau of Ireland has secured 50 court judgments forcing uninsured motorists to hand over cash windfalls to pay for the damage they caused.

Our man in Havana · 27-09-2005 10:50am

Anyone can secure a judgement, getting the money afterwards is another matter.

RainyDay · 27-09-2005 12:56pm

Bond-007 wrote:

Anyone can secure a judgement, getting the money afterwards is another matter.

True - but it can make it damn near impossible to get a loan or a mortgage.

Our man in Havana · 27-09-2005 12:59pm

RainyDay wrote:

True - but it can make it damn near impossible to get a loan or a mortgage.

How so?

seamus · 27-09-2005 1:02pm

If you owe someone money due to a court judgement, the banks won't touch you, since the court takes priority in extracting the cash from you.

Can your penalty points be checked?

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