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Reinstation of license after driving ban.

  • 14-10-2015 8:52pm
    #1
    Registered Users, Registered Users 2 Posts: 582 ✭✭✭


    Hi knowledgable patrons of the motoring forum.

    I am looking to find an insurance company - not broker - who will write a letter stating that they will insure me after the driving ban is lifted.

    I already tried my original insurer aviva, axa and one direct.

    And I tried a few brokers asking them if they could get a letter from insurance company that quoted them, but they can't.

    I must be doing something wrong because 90% of what Google throws up is for brokers and I was told by my solicitor that this won't do.

    so, if you know of an insurer that will write a letter for a person with no license, I would be really appreciative if you passed on the details. I'm sure it would help others too.

    Thanks,

    Emma.


Comments

  • Closed Accounts Posts: 454 ✭✭b_mac2


    Do you need this letter before you get your license back?


  • Closed Accounts Posts: 1,923 ✭✭✭To Elland Back


    Chicken and egg situation you have there. Your last insurer is obliged to quote you providing you have a licence. You need to face them down and remind them they have to provide you with a quote, subject to getting it back


  • Registered Users, Registered Users 2 Posts: 73,520 ✭✭✭✭colm_mcm


    I don't quite understand what's happening here, I assuming you're try some sort of appeal.


  • Registered Users, Registered Users 2 Posts: 17,875 ✭✭✭✭MugMugs



    I must be doing something wrong because 90% of what Google throws up is for brokers and I was told by my solicitor that this won't do.
    .

    Why?
    . Your last insurer is obliged to quote you providing you have a licence. You need to face them down and remind them they have to provide you with a quote, subject to getting it back

    Really? Even if that person has been since banned? Got a source /link?


  • Closed Accounts Posts: 1,923 ✭✭✭To Elland Back


    MugMugs wrote: »
    Why?

    Really? Even if that person has been since banned? Got a source /link?

    From Insurance Ireland

    What can I do if I am unable to obtain motor insurance?
    Insurance Ireland operates a Declined Cases Agreement, which is adhered to by all motor insurers in Ireland...................

    Where an individual has held a policy within the previous three years, the insurance company concerned is obliged to provide the individual with a quotation. Again this is subject to the proviso that refusals have been received from three insurers (of which the previous insurer may be one).
    The only grounds on which an insurer can refuse cover are where to provide insurance would be contrary to public interest.


    A previous ban is not deemed to be contrary to public interest


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  • Registered Users, Registered Users 2 Posts: 73,520 ✭✭✭✭colm_mcm


    But if it's a current ban, surely they could just say they can't insure you without a licence?


  • Closed Accounts Posts: 1,923 ✭✭✭To Elland Back


    colm_mcm wrote: »
    But if it's a current ban, surely they could just say they can't insure you without a licence?

    What happens is that during the course of an appeal, a judge will often want to ensure that the offender will/can get insurance if he reinstates his licence. Providing the driver has a licence, his last insurer is obliged to quote.

    Hence the reason I originally said it was a "chicken and egg" scenario and not easily resolved. OP's solicitor might need to make representations to the last insurer on his behalf


  • Registered Users, Registered Users 2 Posts: 17,875 ✭✭✭✭MugMugs


    From Insurance Ireland

    What can I do if I am unable to obtain motor insurance?
    Insurance Ireland operates a Declined Cases Agreement, which is adhered to by all motor insurers in Ireland...................

    Where an individual has held a policy within the previous three years, the insurance company concerned is obliged to provide the individual with a quotation. Again this is subject to the proviso that refusals have been received from three insurers (of which the previous insurer may be one).
    The only grounds on which an insurer can refuse cover are where to provide insurance would be contrary to public interest.


    A previous ban is not deemed to be contrary to public interest

    Not as clear cut as you eluded to.

    Three refusals in writing, refer to the declined cases committee who instruct the last insurer to quote.


  • Closed Accounts Posts: 1,923 ✭✭✭To Elland Back


    MugMugs wrote: »
    Not as clear cut as you eluded to.

    Three refusals in writing, refer to the declined cases committee who instruct the last insurer to quote.

    I can't account for your comprehension of my post. Bottom line is your last insurer is obliged to quote if you have a licence, as I stated


  • Registered Users, Registered Users 2 Posts: 2,674 ✭✭✭Skatedude


    I can't account for your comprehension of my post. Bottom line is your last insurer is obliged to quote if you have a licence, as I stated

    But he cant get his licence without the quote, and he cant get the quote until he has his licence,


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  • Closed Accounts Posts: 1,923 ✭✭✭To Elland Back


    Skatedude wrote: »
    But he cant get his licence without the quote, and he cant get the quote until he has his licence,

    I did say that originally too. The only solution I can see is to get the declined cases committee to force his last insurer to provide a quote 'subject to reinstatement of licence'


  • Registered Users, Registered Users 2 Posts: 17,875 ✭✭✭✭MugMugs


    I did say that originally too. The only solution I can see is to get the declined cases committee to force his last insurer to provide a quote 'subject to reinstatement of licence'

    Which would subsequently breach policy conditions which usually go along the lines of excluding cover for parties whom do not and are not permitted to hold a current licence. You'll never be directed to breach your own conditions. It's a moral hazard at the very least.

    Which brings me back to my original question of why a brokers letter isn't sufficent.


  • Closed Accounts Posts: 1,923 ✭✭✭To Elland Back


    MugMugs wrote: »
    Which would subsequently breach policy conditions which usually go along the lines of excluding cover for parties whom do not and are not permitted to hold a current licence. You'll never be directed to breach your own conditions. It's a moral hazard at the very least.

    Which brings me back to my original question of why a brokers letter isn't sufficent.

    You really are making a mountain out of a molehill, especially on a subject you claim to be knowledgeable, having penned an incomplete explanation in your sticky on Insurance FAQ's.

    What are you on about breaching policy conditions??? I said to get a QUOTE subject to obtaining a licence. The chain of events would be to a) get a guote subject to licence, b) show the quote to the judge to allow him reinstate the licence and finally c) go back to the insurer with the licence and effect cover

    As for a broker's letter being insufficient, they cannot quote or bind an insurer beyond their delegated authority. A situation like this would be beyond their remit, unless they operated a specific scheme for disqualified drivers


  • Registered Users, Registered Users 2 Posts: 73,520 ✭✭✭✭colm_mcm


    I assume xsdirect would do an online quote?


  • Closed Accounts Posts: 1,923 ✭✭✭To Elland Back


    colm_mcm wrote: »
    I assume xsdirect would do an online quote?

    Their Assumptions are that you've not been disqualified from driving


  • Registered Users, Registered Users 2 Posts: 17,875 ✭✭✭✭MugMugs



    What are you on about breaching policy conditions??? I said to get a QUOTE subject to obtaining a licence. The chain of events would be to a) get a guote subject to licence, b) show the quote to the judge to allow him reinstate the licence and finally c) go back to the insurer with the licence and effect cover

    No need to be so defensive dude.

    The DCC won't instruct an insurer to quote for somebody speculatively.
    As for a broker's letter being insufficient, they cannot quote or bind an insurer beyond their delegated authority. A situation like this would be beyond their remit, unless they operated a specific scheme for disqualified drivers
    I didn't ask you about the broker.

    I asked the OP. :)


  • Closed Accounts Posts: 1,923 ✭✭✭To Elland Back


    Defensive? You had a go at my correct information about obtaining a quote with ramblings about breaching policy conditions for having no licence.

    The DCC will instruct insurers to quote in these circumstances. I have obtained such letters in the past (though not easy)

    You asked me about brokers in Post 13, when quoting my previous comment.

    I'm done here. Best of luck OP


  • Registered Users, Registered Users 2 Posts: 582 ✭✭✭emmabrighton


    I couldn't tell you why the court does not see brokers as being sufficient but it could well be because a broker is merely an intermediary.

    So, it looks like the best approach is to obtain letters from 3 insurance companies declaring that they will not quote me and then go to the DCC where they will instruct the insurer to quote.

    No day out tomorrow so.


  • Registered Users, Registered Users 2 Posts: 17,875 ✭✭✭✭MugMugs


    Your case doesn't fall under the Declined Cases Agreement.

    You're not legally entitled to be on the road at the time of the quote.

    You'd fall "contrary to public interest"

    This has been floated for some reason but it's not relevant to you right now.

    As Colm said earlier, your best bet is to speak to a high risk insurer like the likes of XS direct but even then, a speculative quote is going to be near impossible to get.

    Best of luck either way :)


  • Closed Accounts Posts: 3,170 ✭✭✭WheatenBriar


    Would open driving on someone elses policy (a partner perhaps) not suffice?


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  • Registered Users, Registered Users 2 Posts: 17,875 ✭✭✭✭MugMugs


    Would open driving on someone elses policy (a partner perhaps) not suffice?

    The banned party still isn't named on a policy so it's moot.


  • Closed Accounts Posts: 1,923 ✭✭✭To Elland Back


    Why, why why, do I bite??

    It is not contrary to public interest to obtain a quote if you don't have a licence. It would be contrary to public interest to wilfully drive without insurance or a licence. This is a process to put the OP on a firm legal footing to be compliant on the road. It IS a matter for the Declined Cases Committee

    As for XS Direct, it has already been posted here that they cannot accommodate drivers with disqualifications


  • Registered Users, Registered Users 2 Posts: 17,875 ✭✭✭✭MugMugs


    It is not contrary to public interest to obtain a quote if you don't have a licence.
    I didn't say it was. I said it is contrary to public interest to quote somebody knowing that they're banned.
    It IS a matter for the Declined Cases Committee


    It's not.

    AXA site isn't playing ball with me
    AVIVA wrote:
    Keeping to policy conditions
    1 You must keep to these conditions
    before we will make any payment
    under this policy.
    d Any person whose driving is
    covered by the terms of the
    certificate must hold a licence to
    drive that vehicle and must meet
    the conditions and any limits
    of the driving licence held or, if
    they have held a licence to drive
    that vehicle, must not have been
    disqualified from holding that
    licence
    Liberty are a bit clearer.
    These general exceptions apply to all
    sections of this policy.
    We will not provide cover for any of the
    following.
    3. We will not cover the driver unless;
    a they hold a valid licence to drive the
    vehicle; and
    b they meet the conditions and any
    limits of the driving licence.

    So they're quoting for a no indemnity policy. It won't happen
    I'm done here. Best of luck OP

    Welcome back :)


  • Closed Accounts Posts: 3,170 ✭✭✭WheatenBriar


    MugMugs wrote: »
    The banned party still isn't named on a policy so it's moot.

    You don't need to be named on a policy with open driving...


  • Registered Users, Registered Users 2 Posts: 17,875 ✭✭✭✭MugMugs


    You don't need to be named on a policy with open driving...

    Exactly, so it's hardly going to help the OP in a court.


  • Closed Accounts Posts: 3,170 ✭✭✭WheatenBriar


    MugMugs wrote: »
    Exactly, so it's hardly going to help the OP in a court.

    But isn't the question by the judge answered when the driver says he's insured or will be under his partners open policy
    So get them to have open driving if they don't already have it


  • Registered Users, Registered Users 2 Posts: 17,875 ✭✭✭✭MugMugs


    But isn't the question by the judge answered when the driver says he's insured or will be under his partners open policy
    So get them to have open driving if they don't already have it

    So confirmation of a commitment to cover from a professional outfit won't suffice for a judge but the OP's bestie or partners say so that they will let them use their car under Open Drive notwithstanding that the OP will be most likely endorsed which may run contrary to the "Open drive" insurers policy will suffice?

    No


  • Registered Users, Registered Users 2 Posts: 1,672 ✭✭✭thebiglad


    But isn't the question by the judge answered when the driver says he's insured or will be under his partners open policy
    So get them to have open driving if they don't already have it

    Open driving will have restrictions on who can use the car age/convictions will be amongst them so even if open drive was sufficient argument (which seems unlikely) OP would probably be excluded under the T&C of the open drive endorsement anyhow.

    Besides, open drive assumes OP not to be the owner and main user of the vehicle, what Judge is trying to see here is OP insured for their own vehicle in their own name.


  • Closed Accounts Posts: 3,170 ✭✭✭WheatenBriar


    MugMugs wrote: »
    So confirmation of a commitment to cover from a professional outfit won't suffice for a judge but the OP's bestie or partners say so that they will let them use their car under Open Drive notwithstanding that the OP will be most likely endorsed which may run contrary to the "Open drive" insurers policy will suffice?

    No

    Gosh you really are trying hard today aren't you?
    Licences are restored every day of the week in courts so your line as if its impossible isn't credible or helpful
    You've no evidence either that open driving on a husband or wives policy doesnt count so cannot discount that either
    I know I've open driving on mine and all that is required is a valid licence


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  • Registered Users, Registered Users 2 Posts: 17,875 ✭✭✭✭MugMugs


    I know I've open driving on mine and all that is required is a valid licence
    Zing !

    Open drive requires the driver to generally be over a certain age, not have a conviction, no endorsements and as pointed out by your good self above, have a licence.

    No.


  • Closed Accounts Posts: 3,170 ✭✭✭WheatenBriar


    thebiglad wrote: »
    Open driving will have restrictions on who can use the car age/convictions will be amongst them so even if open drive was sufficient argument (which seems unlikely) OP would probably be excluded under the T&C of the open drive endorsement anyhow.

    Besides, open drive assumes OP not to be the owner and main user of the vehicle, what Judge is trying to see here is OP insured for their own vehicle in their own name.

    But the OP has not gone into that kind of detail
    While Im here,I think its timely that I condemn the Op for being in this position
    Never Ever drink and drive

    My own policy btw does not have anything on it bar a valid licence stipulation,I keep it in the car and looked there


  • Closed Accounts Posts: 3,170 ✭✭✭WheatenBriar


    MugMugs wrote: »
    Zing !

    Open drive requires the driver to generally be over a certain age, not have a conviction, no endorsements and as pointed out by your good self above, have a licence.

    No.
    Eh,no not necessarily
    You're being ridiculous
    Hes asking the judge to restore a valid licence based on him having the ability to drive insured
    So in any situation of course he doesn't have one untill the judge restores it
    You'd imagine this never happens going by what you're letting on


  • Registered Users, Registered Users 2 Posts: 17,875 ✭✭✭✭MugMugs


    You're being ridiculous

    How ironic.

    Fair enough WheatenBriar.

    You've clearly missed your calling. Take the OP's case on and let us know how it goes :)


  • Closed Accounts Posts: 3,170 ✭✭✭WheatenBriar


    MugMugs wrote: »
    How ironic.

    Fair enough WheatenBriar.

    You've clearly missed your calling. Take the OP's case on and let us know how it goes :)
    Lol I'm not a lawyer and by your answers above clearly you aren't either, or have much experience of reading the court reports in the local rag,but seeing as you appear to use google to help you,I would respectfully suggest you use it to find a few correct examples of irony for future reference


  • Registered Users, Registered Users 2 Posts: 12,866 ✭✭✭✭bear1


    I'm lost, why would you need an insurance quote to get your licence back?


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