Need advise: Motor Insurance: Am I covered?

666bxg

Hi all, I hope this is the correct place to ask this question.

I'm comprehensively insured and have a full licence. My policy states that I'm covered for driving other cars with the Owner's consent.

Does this apply if the car I will be driving has no insurance on it? That means the only insurance policy in place is mine.

Details of my situation:

Took the wife's car for an NCT, and it has no insurance on it at the time. Arranged temporary cover from my insurance on the car. However was stopped by Garda after this period has elapsed by 2hours. To my understanding I am still covered as I have 3rd party cover from my insurance. Garda doesn't think so.

Many thanks for reading.

mcdonnst

AFAIK the other car has to be insured by the other owner to make your vaild. Thats what mine is with Quinn Direct.

Stops people insuring themselves on a small car and then having a 2l sports car to drive.

666bxg

mcdonnst wrote:

AFAIK the other car has to be insured by the other owner to make your vaild. Thats what mine is with Quinn Direct.

Stops people insuring themselves on a small car and then having a 2l sports car to drive.

Thanks for your reply

My policy states:

"The policyholder, if they have a full EU licence, may also drive, with the permission of the owner, any Privately owned Motor Car subject to the terms and conditions of the policy"

Does it require the other car to be insured like yours?

cheers

mcdonnst

I dont know from that. You better off just ringing your insurance company and asking them dose the other car need to be insured.

They will tell straight away

seamus

666bxg wrote:

Thanks for your reply

My policy states:

"The policyholder, if they have a full EU licence, may also drive, with the permission of the owner, any Privately owned Motor Car subject to the terms and conditions of the policy"

Does it require the other car to be insured like yours?

cheers

No, not really - but without having all of your policy documentation in my hands, I can't tell you yes or no.

This is blatantly not legal advice, but if your insurance documentation doesn't require that the other vehicle is insured, then the other vehicle doesn't need to be insured.
Note though that it is an offence to drive a vehicle in a public place without a valid insurance disc. So from that angle, in order to legally drive the vehicle, then yes it does have to be insured other than on your policy. This is probably why the "Other vehicle must be insured" myth appeared.

Read all of your insurance documentation. It'll be in there.

My own documentation (for comparison) allows me to drive other vehicles with third-party only insurance, provided that;

1) It is a category B vehicle (i.e. a car)
2) It does not belong to me or my spouse
3) It is not a rental vehicle
4) It is not already listed on the insurance policy
5) It is not being used for any purpose other than the type of insurance I have bought (i.e. Pleasure and Commuting - Pleasure doesn't include motorsports).

Jo King

It appears that you were driving the car on your wife's express instructions. If so you are highly likely to have a defence to any charge the guard may bring against you under S56 of the Road Traffic Act 1961 (as amended). There have been a couple of cases recently in the Dublin Circuit Court where the accused has been acquitted in circumstances similar to yours. These cases are quite unusual and many solicitors are unaware of them. If you do have to defend a case you will need good legal representation. I saw a case recently where the barrister was on his feet for three quarters of an hour taking the judge through a myriad of policy documents and case reports in order to show that his client was not guilty of an offence under S56.
Being convicted of driving without insurance is a pretty horrible thing. It means you have a criminal record and if you are ever charged again with a motoring offence the judge will be given details. This will do you no good at all. Driving without insurance is considered anti-social by judges who consider that you are inflating their own insurance premium. You will have to tell your own insurance company and may find you will have your premiums loaded. You will also get penalty points.

666bxg

Thanks for the reply and advise Jo

UrbanFox

You are probably alright.

The cover under your policy probably has what is known as a driving other cars (DOC) extension.

If you comply with the technical requirements set out in your policy - and you seem to on the basis of your post - then you are in order.

The DOC extension is intended to cover you in respect of your minimum RTA third party insurance requirements whilst driving other vehicles.

Be aware that DOC extensions usually do not cover damage done to the vehicle that you are driving under a DOC extension. I suspect that this is probably because you are a bailee for your wife's car in such a situation and insurance policies tend to exclude liabilities arising from bailment e.g. someone else's property in your custody and control.

If Garda Plod gets stroppy just ask your insurers for a letter of indemnity confirming that you were covered to drive your wife's car when you were stopped.

QED.