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Car Insurance Declaration

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  • 05-03-2013 11:32pm
    #1
    Registered Users Posts: 2,157 ✭✭✭


    When taking out car insurance, the company informs the person that it is an offence under the Road Traffic Act not to declare a medical condition which would affect the premium. What extent of declaration is required? And where is this offence provided for in the Road Traffic Act?

    Is it section 64?

    http://www.irishstatutebook.ie/1961/en/act/pub/0024/sec0064.html#sec64



    Also, I heard somewhere that where a person suffers a seizure or an epileptic fit, then they must not drive for a period of twelve months. Is this true?


Comments

  • Moderators, Sports Moderators Posts: 14,599 Mod ✭✭✭✭CIARAN_BOYLE


    When taking out car insurance, the company informs the person that it is an offence under the Road Traffic Act not to declare a medical condition which would affect the premium. What extent of declaration is required? And where is this offence provided for in the Road Traffic Act?

    Is it section 64?

    http://www.irishstatutebook.ie/1961/en/act/pub/0024/sec0064.html#sec64



    Also, I heard somewhere that where a person suffers a seizure or an epileptic fit, then they must not drive for a period of twelve months. Is this true?
    Not sure where the laws are but you can find a lot of details here. It is 12 months for most type of seizures.

    http://www.rsa.ie/RSA/Licensed-Drivers/Safe-driving/Medical-Issues/


  • Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    When taking out car insurance, the company informs the person that it is an offence under the Road Traffic Act not to declare a medical condition which would affect the premium. What extent of declaration is required? And where is this offence provided for in the Road Traffic Act?

    Is it section 64?

    http://www.irishstatutebook.ie/1961/en/act/pub/0024/sec0064.html#sec64



    Also, I heard somewhere that where a person suffers a seizure or an epileptic fit, then they must not drive for a period of twelve months. Is this true?

    First off insurance requires that all information required by the insurance company is provided to them "upmost good faith". In relation to section 64, all insurance companies I have had dealings with ask about disabilities or medical conditions. Section 64 says the important bits bold.

    "64.—(1) A person shall not, for the purpose or in the course of obtaining the issue of an approved policy of insurance or an approved guarantee to himself or to another person, or for the purpose of securing his or another person's participation in the cover afforded by an approved policy of insurance or an approved guarantee, commit any fraud or make any representation or statement (whether in writing or verbally or by conduct) which is to his knowledge false or misleading in any material respect."

    So if a person is asked do you have any medical conditions, and if that person has say Parkinson's, and says no then they have knowledge, but have given false information.

    If in doubt tell them.

    In relation to any 12 month rule I am aware of no such rule. It maybe doctors say if a person has been seizure free for 12 months then maybe its safe to drive, but again best to ask both doctor and insurance company. A person medically unfit to drive should not drive.


  • Registered Users Posts: 14,681 ✭✭✭✭P_1


    If in doubt ask the company.

    I remember from my time working in insurance that a doctors letter stating that they've cleared you medically to drive usually satisfies the insurance companies


  • Registered Users Posts: 776 ✭✭✭pillphil


    Sorry for the hijack, but from the RSA link:
    A person who is dependent on or regularly abuses psychotropic substances, ie, those that can induce mood changes or distorted perceptions, is barred from holding any learner permit or driving licence.

    What does dependent on mean in this context?
    Is someone taking antidepressants dependent on them?

    What does regularly abuses mean?
    Can you have your licence taken off you for being an alcoholic?
    Can you have it taken off you for smoking weed, doing coke etc?
    Is there a distinction between recreational drug use and drug abuse?

    (If it's a no to the above,then this one's already answered, but just in case)
    If in the event of a crash, let's say due to being drunk, could you're licence be taken off you retroactively?


  • Closed Accounts Posts: 805 ✭✭✭SB2013


    http://www.citizensinformation.ie/en/travel_and_recreation/motoring_1/driving_offences/driving_offences.html
    Special Disqualification: Unlike the first two types of disqualification orders (which require someone to have been convicted of an offence before they can be imposed), special disqualification orders do not require someone to be convicted in order to impose the disqualification. If the Gardaí or the Motor Tax Office have reasonable grounds for believing that a licence holder is either:

    Unfit to drive by reason of a physical disease; or
    Unfit to drive because of a physical or mental disability; or
    Incompetent to drive any vehicle or any class of vehicle;

    They can apply to the District Court for a special disqualification order.


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  • Moderators, Education Moderators Posts: 7,439 Mod ✭✭✭✭XxMCRxBabyxX


    [Quote=Johnny Utah;83525867
    Also, I heard somewhere that where a person suffers a seizure or an epileptic fit, then they must not drive for a period of twelve months. Is this true?[/Quote]

    This is certainly true for someone who suffers from epilepsy. I would presume that the rule applies to anyone who has had a seizure.


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