Personal Injury Claim: provisional licence

islander35

Hi I was recently involved in a minor road accident, other driver was at fault. I injured my neck (soft tissue damage), had an xray and now have to get physio. Recurring pain in my neck, flares up after driving long distances. The problem in when the crash happened, I was on my 1st provisional licence, and had someone in the car with me who is on their 2nd provisional licence. I know I should have had someone with a full licence. I'm just wondering does anyone know if this would effect my claim. Thanks in advance for any advice.

jenny jinks

It seems like you should have been on the road in the first place. You are now alleging that someone was negligent towards a person they should not have encountered at all.

islander35

thanks for the quick reply. However that does not excuse the fact that the other party (full licence over 10 years!) crashed into me!! She had been driving for 3 and a half hours with out a break (admitted this at the scene), and is also a disabled driver (physically) which she also told me means she shouldn't be driving for long distances,so this probably was a contributing factor to the crash also. If she had crashed into someone else it would still have been her fault regardless of whether or not I had a full licence, and she should still be held accountable for her negligence

(insert name)

jenny jinks wrote:

It seems like you should have been on the road in the first place. You are now alleging that someone was negligent towards a person they should not have encountered at all.

A child ran out on front of me and got knocked down. He died instantly. There was no green man and he didnt look both ways before crossing.

I was driving well over the limit through a built up area but by your logic i can only get done for speeding...

An important part of driving is being able to react quickly to unexpected situations.

or What if the op was accompanied? they still could have a cock up and how many times have you ever heard of an accompanying driver grabbing the wheel etc... the same accident would have still occured.

I'm guessing you don't drive, are a hypocrite or passed your 4th test after 63 lessons (paid for by daddy). would you ever fuck off
edit: just looked at your previous posts - you a solicitors secretary who thinks she knows as much as the solicitor cos you sometimes are left running shit when he's in court, you admit you were a spoiled messy bitch and in a previous thread you offered help to somebody looking to get off on a charge of no insurance which they admitted to yet here, you castigate somone for having the cheek to get whiplash when some daft bitch drives straight through them cos she fell asleep.

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OP, when you say the other party was at fault, is this based on what the gardaí told you? If they attended and said this or if you were rear ended etc... then fair play.

If you go through the other parties insurance, they won't care about you being on a provisional.

In court, I'm not sure. Talk to a solicitor if it gets that far i'd advise

P.s. if the compo would be above €1k then who cares if you get fined for driving unaccompanied... (assuming you had L plates up; otherwise €2k), I mean losing a chunk of it to pay your fine is better than not claiming at all...

Smiegal

islander35 wrote: »

thanks for the quick reply. However that does not excuse the fact that the other party (full licence over 10 years!) crashed into me!! She had been driving for 3 and a half hours with out a break (admitted this at the scene), and is also a disabled driver (physically) which she also told me means she shouldn't be driving for long distances,so this probably was a contributing factor to the crash also. If she had crashed into someone else it would still have been her fault regardless of whether or not I had a full licence, and she should still be held accountable for her negligence

shouldn't matter, if you look (very) closely at your ins policy youll see that it says the insured is defined as a person who "curently holds or did hold a driving licence". It doesn't state whether or not its a full or provisional, in fact even if you no longer hold a driving licence but did at the time of purchasing the policy, then you are still covered from an insurance point of view....

The fact that you should not have been on the road at all is not relevant from the claim point of view but is an issue obviously from The RT Act side of things... Two completely seperate issues!

Heal well

Miaireland

It certainly will be brought up by the other side in the case but if the other person was totally in the wrong it should be of very little relevance.

At the end of the day if the other drivers was at total fault it would be unlikely having a full qualified driver in the car would make any difference to your injuries.

It will all depend on the circumstances of the accident.

StinkySocs

I've a provisional licence too, and when I was getting my insurance I asked what would happen if I was in an accient, would I be covered? They said yes I'd still be covered. The guy explained like, it would like if I had a full licence and was drink driving and was in an accident, I'm breaking the law but still covered by my insurance.

I've failed my test 3 times now and going again soon for my fouth fingers crossed I get the reverse round the corner right this time;)

Hope you get better soon!

islander35

Thanks a million for all replies!! I agree that even if I had had a fully licenced driver with me it would have had no impact on the accident! Guards came and confirmed that it was completely the other drivers fault. They didn't look for my licence as I was not at fault, they did check the other drivers licence though. Also had to present my certificate of insurance and licence at the local garda station and was not asked anything about it being provisional. I am claiming off her insurance although I have comprehensive insurance. Also had to take 3 days off work due to pain and having to get repeat xrays. Luckily in my job I get paid for time missed once I have a sick cert. I am not going to claim for anything that is not necessary, believe me I didn't even want to go for the xray but I was convinced by my mam! Just wish it had never happened to be honest!! Thanks again!! Sorry to hear about your situation insert name, it must have been very sad and upsetting for both parties. Best of luck with the test StinkySocs, still waiting to get a date for mine!!

unattendedbag

The Gardai will do a quick investigation on the facts they have but if one party has already admitted fault then it will be straight forward. Its still possilbe that you may recieve a summons for Driving unaccompanied but it really depends on the Garda. My guess is not if they didnt check your passengers details. Some insurance companies have a clause invalidates your policy if you are driving on your own with a Learner permit and some companies will still cover you. Best is to check with your company because I know 2 examples of companies that will and will not cover you.

shouldn't matter, if you look (very) closely at your ins policy youll see that it says the insured is defined as a person who "curently holds or did hold a driving licence". It doesn't state whether or not its a full or provisional,

In the republic of ireland, the term "provisional licence" was ammened a few years ago and is now reffered to as a Learner permit. This implies that the driver did not have a driving licence at the time. An insurance company still has an escape clause. It wont matter in the OP's scenario as he is not claiming through his own insurance.

Smiegal

unattendedbag wrote: »

In the republic of ireland, the term "provisional licence" was ammened a few years ago and is now reffered to as a Learner permit. This implies that the driver did not have a driving licence at the time. An insurance company still has an escape clause. It wont matter in the OP's scenario as he is not claiming through his own insurance.

This ammendment was done for the purposes of the RTA and as such is purely for enforcement reasons.
An insurance company cannot enter into a contract/policy in the knoledge that the other party cannot make a claim on the basis of his/her current credentials.

Maximilian

(insert name) banned for a week.

OP, this is not a legal advice forum.

Thread closed.