Insurance Question. Banned driver.

magser2

I am a banned driver and have had my van parked in driveway for 4 mths. now. Another person is insured on my insurance policy which expires in July 2012. Last night the van was stolen from the driveway. Will my ban effect any insurance claim I report to gardai and insurance company. I am going to report the matter now. Advice please.

MugMugs

You should probably have started a new thread however, It is generally a condition precedent to your Insurance Policy that you have or not prohibited from having a valid driving licence. Whilst this has no direct implications on your situation and claim, an insurer could well see themselves fit to decline your claim, refuse your policy and cancel it back to inception due to your non disclosure of a material fact.

To answer your question, you should have told them.

magser2

Thanks Mugs Mugs. Not familiar with site yet. I had a valid licence up until the day of the ban. As the ban was 4yrs. I decided to get temptation from outside the door and sell it. I couldnt get even close to its value and had no intention of informing insurance, but now I will have to. The other person is legally entitled to drive it, so does that give me some hope.

magser2

Ta cojomo2. I overinsured the car for €8,000, and would be happy if I got 4. However my main worry is that will the insurance co. entertain me on account of me being banned at present and not informing them. I didn't drive the car since the ban but tried to sell it. That's the reason I didn,t inform them as it would have been of no concern to them had it been sold. Any opinions. Cheers

MugMugs

magser2 wrote: »

Ta cojomo2. I overinsured the car for €8,000, and would be happy if I got 4. However my main worry is that will the insurance co. entertain me on account of me being banned at present and not informing them. I didn't drive the car since the ban but tried to sell it. That's the reason I didn,t inform them as it would have been of no concern to them had it been sold. Any opinions. Cheers

MugMugs wrote: »

You should probably have started a new thread however, It is generally a condition precedent to your Insurance Policy that you have or not prohibited from having a valid driving licence. Whilst this has no direct implications on your situation and claim, an insurer could well see themselves fit to decline your claim, refuse your policy and cancel it back to inception due to your non disclosure of a material fact.

To answer your question, you should have told them.

There's your answer.

oldyouth

magser2 wrote: »

I am a banned driver and have had my van parked in driveway for 4 mths. now. Another person is insured on my insurance policy which expires in July 2012. Last night the van was stolen from the driveway. Will my ban effect any insurance claim I report to gardai and insurance company. I am going to report the matter now. Advice please.

Right, let's just settle this. You only have a duty of disclosure at the inception or renewal of a policy so as long as your conviction was not pending at the time of your last renewal, you will be fine on that front. Note the word pending. If you had been stopped prior to your renewal date, it will be deemed that you should reasonably expect a conviction (even if no summons had been issued) and it should have been disclosed

MugMugs

oldyouth wrote: »

Right, let's just settle this. You only have a duty of disclosure at the inception or renewal of a policy so as long as your conviction was not pending at the time of your last renewal, you will be fine on that front.

Crazy talk. It's written into EVERY policy as a standard that if anything changes, the Insured is obliged to inform the company straight away.

You're talking rubbish.

oldyouth

You only have a duty of disclosure at inception and renewal. I stand by that "crazy talk".

Disclosure of material facts relate to information which an insurer wishes to consider in eirther accepting the risk or what premium thay may wish to charge for the cover. Neither of these apply to a policy mid-term as they are unable to charge an addition premium mid term or come off cover FOR AN INCIDENT THAT HAS MANIFESTED ITSELF DURING THE PERIOD OF THE POLICY. If they discover information of interest to them which occured before the inception or renewal date, they can take whatever action they deem fit.

You must notify them immediately if the subject mater of the policy changes such as changing the vehicle or adding drivers etc.

Alanstrainor

Moved to a new thread. OP please don't drag up old threads.

MugMugs

oldyouth wrote: »

You only have a duty of disclosure at inception and renewal. I stand by that "crazy talk".

Disclosure of material facts relate to information which an insurer wishes to consider in eirther accepting the risk or what premium thay may wish to charge for the cover. Neither of these apply to a policy mid-term as they are unable to charge an addition premium mid term or come off cover FOR AN INCIDENT THAT HAS MANIFESTED ITSELF DURING THE PERIOD OF THE POLICY. If they discover information of interest to them which occured before the inception or renewal date, they can take whatever action they deem fit.

You must notify them immediately if the subject mater of the policy changes such as changing the vehicle or adding drivers etc.

Why would you stand by something you clearly don't have a clue about? And further to that, why would spout rubbish to somebody who is in need of advice.

I turned on my PC just for you this evening. I shall begin.

I picked AXA as a random insurer.

If you click this link you will see under the section on the right hand side three paragraphs down this;

Driving licence
There is no cover for anyone who is
disqualified from driving or has never held
a driving licence.

Now I will admit, that doesn't discredit your ludicrous statements. So if you go ahead and click this link you will see at the top of the policy document, General Conditions. Go to section four of those conditions and you will see the following. I've taken the liberty to highlight the relevant sections in bold and even underlined them for you.

4 Changes to your policy
You must tell us immediately about any:
change of car or any other vehicle you buy or take ownership of;
convictions, prosecutions or any penalty points which apply to you or any
other driver of your car;
change in the driver’s health, address or job;
modifications or alterations to your vehicle including, but not limited to, air
induction kits and filters, lower suspension, change to the exhaust, engine
maintenance computers or adding of body parts;
change in use or in the main user; or
other important change.

If you are not sure whether or not certain facts are important, please ask us.

Are you still standing by your babble or can we resolve this now and you can accept that you're wrong?

I'm cool either way, I've just backed up what I was saying by using a reputable source.

Pkiernan

OP:

1. Report the vehicle as stolen.

2. Don't volunteer now that you have no license. No point in doing this now!

3. Wait and see if they ask for your license.

4. If they don't, then negotiate your claim with them.

Otis Driftwood

Id have to agree with MugMugs on this,for a driving conviction that has been applied then the insured/OP should have advised his insurer as soon as the conviction went through.

OP,Im afraid to say that if your insurer asks for copies of licences and what not,which is very very common in the event of a claim being registered,they could well negate the claim because you did not inform them of a change in material fact.

It doesnt matter who else is named on the policy,the onus lies with you as the policy holder.

coylemj

magser2 wrote: »

I am a banned driver and have had my van parked in driveway for 4 mths. now. Another person is insured on my insurance policy which expires in July 2012.

Did you hold off cancelling the policy after you were banned in order to allow the named driver to continue to drive the van on the basis that the policy was still in force even though you couldn't drive it yourself?

It doesn't say so explicitly in my policy document but I would expect that if the policyholder gets banned the whole policy is down the toilet. Effectively your insurance stopped on the day you were banned, for third party cover on named drivers and theft.

marryabroad

dont tell them you're banned.

Henry Ford III

marryabroad wrote: »

dont tell them you're banned.

Wouldn't that be attempted fraud?

MugMugs

Henry Ford III wrote: »

marryabroad wrote: »

dont tell them you're banned.

Wouldn't that be attempted fraud?

It would be a breach of his policy..... To be fair, I never saw too many licences checked for thefts..

Satanta

MugMugs is correct. I know this from experience. You have a duty to inform your insurance immediately following your ban. It's difficult enough to get insured again afterwards, but by not telling your current insurers gives them and any other insurers further cause to refuse you because of non disclosure. Or charge you ludicrous amounts for cover.

matt70iu

Interesting, i got two points on my license for speeding last month. I checked with someone who works for the insurance company I'm with and she said I don't have to disclose this till renewal.

Could this be the case for OP also?

Otis Driftwood

How in the hell is getting two penalty points the same as getting a driving ban for 4 years?Seriously like.

The fact is,if anything happens during the year,be it penalty points,an accident,a conviction or whatever,the first port of call should be your insurer.

Aviva for example have a stipulation in their policy that if you receive ANY penalty points during the year of insurance and dont make them aware of it and subsequently submit a claim,your excess jumps to €1000.

coylemj

Otis Driftwood wrote: »

How in the hell is getting two penalty points the same as getting a driving ban for 4 years?Seriously like.

The fact is,if anything happens during the year,be it penalty points,an accident,a conviction or whatever,the first port of call should be your insurer.

Aviva for example have a stipulation in their policy that if you receive ANY penalty points during the year of insurance and dont make them aware of it and subsequently submit a claim,your excess jumps to €1000.

matt70iu wrote: »

Interesting, i got two points on my license for speeding last month. I checked with someone who works for the insurance company I'm with and she said I don't have to disclose this till renewal.

All of which proves that no two companies have the same policy though it is definitely the case that you are supposed to inform your insurer if you get disqualified.

Axa expect you to inform them immediately if you get any points.....

4 Changes to your policy

You must tell us immediately about any:

• change of car or any other vehicle you buy or take ownership of;
• convictions, prosecutions or any penalty points which apply to you or any
• other driver of your car;
• change in the driver’s health, address or job;
• modifications or alterations to your vehicle including, but not limited to, air
• induction kits and filters, lower suspension, change to the exhaust, engine
• maintenance computers or adding of body parts;
• change in use or in the main user; or
• other important change.

matt70iu

Otis Driftwood wrote: »

How in the hell is getting two penalty points the same as getting a driving ban for 4 years?Seriously like.

The fact is,if anything happens during the year,be it penalty points,an accident,a conviction or whatever,the first port of call should be your insurer.

Aviva for example have a stipulation in their policy that if you receive ANY penalty points during the year of insurance and dont make them aware of it and subsequently submit a claim,your excess jumps to €1000.

coylemj wrote: »

All of which proves that no two companies have the same policy though it is definitely the case that you are supposed to inform your insurer if you get disqualified.

Axa expect you to inform them immediately if you get any points.....

4 Changes to your policy

You must tell us immediately about any:

• change of car or any other vehicle you buy or take ownership of;
• convictions, prosecutions or any penalty points which apply to you or any
• other driver of your car;
• change in the driver’s health, address or job;
• modifications or alterations to your vehicle including, but not limited to, air
• induction kits and filters, lower suspension, change to the exhaust, engine
• maintenance computers or adding of body parts;
• change in use or in the main user; or
• other important change.

Exactly what I was asking. So weather it be a ban or points, it's still a change in your circumstances since the policy was incepted.

Otis Driftwood: A change is a change, yes, a ban is more severe, but some insurers will not even except an insurance proposal if you have any points at all!

magser2

my solicitor requested(as he is entitled to) the record of the servicing of the intoxilyser used in this case and found that it was not serviced to the specified standard and worked once during my use of it. I used it 4 times and it gave a similar result 3 times and 1 other result. Unfortunately if you dont supply 2 simultaneous results you are deemed to have failed to supply the required results. The first result shown was the one taken by the garda and the other 3 dismissed, so in the eyes of the law I failed and there is a mandatory sentence of 4 yr. ban for this. So in my eyes there is as you say a huge difference between 2 pts. and a 4 yr. ban. I have not told my insurance of the ban and have no intention of doing so while they decide on their decision to reimburse me for an insured vehicle that I was not driving when stolen.. In addition I had this vehicle insured by the same company for 5 yrs. and only asked to produce my licence in the first yr. I appreciate all your replies and await a long time off the rd. Another breach of my rights is that I had 14 days to appeal my sentence, or take the penalty. However it took the garda 6 weeks to supply the service record of the machine that gave 3 similar results and 1 positive one that may have seen me off the rd. for 1 yr.

Marcusm

I'm not sure tat the insurance company could or would have cancelled the policy as a result of your ban although they could clearly have avoided liability for any loss which arose while you were driving it. You should read your policy and attempt to establish whether the policy was cancelled automatically as a result of your ban. It is pssible for a Venice to be registered in the name of a non driver and thus presumably possible for it to be insured for risks (such as theft or fire) which arise other than from it being driven. The question is whether it is voidable at the insurance company's option as a result of your non disclosure.