Problem with a named driver on my insurance

SeanFx

Hi,
I went out for a drink last week and I left my car outside the pub and got a taxi home. I came back the next day to find my car burned!

I am trying to make an insurance claim now but one of my named drivers was banned from driving and he only has his licence back about 2 years. We never told the insurance company this.

Is this likley to be a good enough reason for them to reject my claim?

Thanks

dillo2k10

I wouldnt think that they would reject your claim because of that.
Did they ever ask you if he had any convictions?

Henry Ford III

Hard to answer that tbh. Whilst it's not directly relevant to the claim, it may make the insurer suspicious.

How did the non disclosure come up, and why didn't you disclose the ban at the time?

SeanFx

Henry Ford III wrote: »

Hard to answer that tbh. Whilst it's not directly relevant to the claim, it may make the insurer suspicious.

How did the non disclosure come up, and why didn't you disclose the ban at the time?

They are asking us for a record from the tax office about our licences and his ban should show up on that. The reason that we didn't say anything at the time was because we got a letter saying that all of his bans were removed due to the penalty point system or something like that. So we thought that we wonldn't need to tell them.

But now lots of people are telling me that they can cancel claim because of it.

MugMugs

SeanFx wrote: »

They are asking us for a record from the tax office about our licences and his ban should show up on that. The reason that we didn't say anything at the time was because we got a letter saying that all of his bans were removed due to the penalty point system or something like that. So we thought that we wonldn't need to tell them.

But now lots of people are telling me that they can cancel claim because of it.

Hi OP.

They could attempt to cancel the policy Back To Inception due to the Non Disclosure of the endorsment / Ban however given that the vehicle was not driven to the pub by the Named Driver and in turn has no direct link to the loss that has occured you could potentially appeal their decision to the Ombudsman.

Also, if the statement you give them does list the bans then also furnish the initial letter that exonerated the ND from their bans...

Our man in Havana

The only consolation of them cancelling the policy would be they would have to return all the money you ever paid to them.

GSI

Has the pub got any cameras outside?

Gophur

Our man in Havana wrote: »

The only consolation of them cancelling the policy would be they would have to return all the money you ever paid to them.

Dream on!

By the way, should the Ins Co. successfully claim the policy is invalid, both the OP and the named driver would then be liable for prosecution for driving uninsured since the policy's inception. Be careful looking for a refund under these circumstances.

Our man in Havana

Dream on about any prosecution. Not going to happen. Gardaí would not touch it with a barge pole.
If they say the policy never existed they have no right to hold onto any money. Basic contract law.

MugMugs

Gophur wrote: »

Dream on!

By the way, should the Ins Co. successfully claim the policy is invalid, both the OP and the named driver would then be liable for prosecution for driving uninsured since the policy's inception. Be careful looking for a refund under these circumstances.

It's a matter of proof. The Gardai would be unable to prove that the OP drove the vehicle uninsured. Also, No judge would prosecute somebody who "had" a valid Insurance Policy at the time and I would hope that no Garda would do it either.

Our man in Havana wrote: »

The only consolation of them cancelling the policy would be they would have to return all the money you ever paid to them.

Yes, and you would have to disclose that fact to any future insurer for the next five years and face excessive premiums as a consequence.

slimjimmc

The OP is seeking a claim under the Fire and Theft cover of the policy. I seriously doubt a named driver's undisclosed disqualification that ended 2 years before the claim could be considered something that will materially affect F&T cover. It could be considered relevant for 3rd party cover & comprehensive, but not for F&T imo.

dell1211

slimjimmc wrote: »

The OP is seeking a claim under the Fire and Theft cover of the policy. I seriously doubt a named driver's undisclosed disqualification that ended 2 years before the claim could be considered something that will materially affect F&T cover. It could be considered relevant for 3rd party cover & comprehensive, but not for F&T imo.

it sounds like the insurance company are just getting their file updated. some insurance companies insist on having a copy of each drivers license before they issue the disk, others only look for it when a claim is lodged.

if the license is a problem then the insurance is null and void, you would have agreed to their assumptions when taking out your policy which would include any driver have any claims/convictions

Henry Ford III

slimjimmc wrote: »

The OP is seeking a claim under the Fire and Theft cover of the policy. I seriously doubt a named driver's undisclosed disqualification that ended 2 years before the claim could be considered something that will materially affect F&T cover. It could be considered relevant for 3rd party cover & comprehensive, but not for F&T imo.

I wouldn't agree as cover is a very black and white issue, and the contract is either valid, or not. If it's not it'd apply to all aspects of the cover.

To argue "the information I withheld that might have made the policy voidable wasn't relevant to the fire claim where I was driving last" or similar just wouldn't wash.

gebbel

Whatever about this case, you are taking a big risk having a named driver on your policy who was banned in the past......and you haven't even disclosed it to the insurance company.

It's reckless and dishonest and you need to tell them or get your mate off your policy.

Senna

Insurance companies pay people to scrutinise policies so they can get out of making payments. The fact that this named driver wasn't involved has nothing to do with it.
You may get away with it, but i'd say the insurance company will try and say your policy is void because you didn't answer the "any claims or convictions" question honestly and your story of "bans were removed due to the penalty point system" is a pretty poor effort at hiding the facts.