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Car insurance and disclosure of a medical condition

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  • 19-04-2018 4:52pm
    #1
    Registered Users Posts: 11


    My car insurance is up for renewal soon and I have a new medical condition that I will be disclosing to the insurance company. I have a form from my doctor saying that I am fit to drive.
    Do I need to disclose to the insurance company what the actual medical condition is or can I keep the medical condition private and send the form from my doctor saying that I am fit to drive? I would prefer to keep the medical condition private.


Comments

  • Registered Users Posts: 797 ✭✭✭cplwhisper


    Relax.. your condition itself is not required to be declare to insurer but you must contact the NDLS and clarify do you require your drivers licence to be coded 101. That simply means your Dr, confirms you a healthy to keepbdriving .

    The insurer will ask for
    - have you notified the ndls for any medical conditions or medication you must take Y/N
    - does your car need modifications Y/N

    Your policy will not be loaded by insurer


  • Registered Users Posts: 25,361 ✭✭✭✭coylemj


    cplwhisper wrote: »
    Relax.. your condition itself is not required to be declare to insurer.....

    Says who? You don't even know what 'condition' the OP is talking about.

    Below is a sample of the relevant sections for three motor insurance companies. In all cases you must report a medical condition if it 'may' affect your ability to drive. The OP's doctor may be in a position to certify that he is 'fit to drive', that is not the same as saying that his condition will have no effect on his ability to drive.

    Full disclosure is required. When in doubt, disclose.

    ====================================
    Aviva:

    You must let us know about any relevant or material facts that may possibly affect our decision to provide insurance, since the start date of the policy or your last renewal date (whichever is the latest). If you do not reveal these facts, your policy may not provide the cover you need or may not be valid at all.

    ====================================
    Liberty:

    5. You must tell us immediately if:

    e. you become aware of any medical or physical condition of any driver that may affect their ability to drive;

    i. there are changes to any other material fact.

    This is not a full list and you should tell us about any change if you are not sure whether it may affect your policy.

    ====================================
    Axa

    4 Changes to your policy

    You must tell us immediately about any:

    ....

    change in the driver’s health that may affect their ability to drive;

    ....

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


  • Registered Users Posts: 797 ✭✭✭cplwhisper


    coylemj wrote: »
    Says who? You don't even know what 'condition' the OP is talking about.

    Below is a sample of the relevant sections for three motor insurance companies. In all cases you must report a medical condition if it 'may' affect your ability to drive. The OP's doctor may be in a position to certify that he is 'fit to drive', that is not the same as saying that his condition will have no effect on his ability to drive.

    Full disclosure is required. When in doubt, disclose.

    ====================================
    Aviva:

    You must let us know about any relevant or material facts that may possibly affect our decision to provide insurance, since the start date of the policy or your last renewal date (whichever is the latest). If you do not reveal these facts, your policy may not provide the cover you need or may not be valid at all.

    ====================================
    Liberty:

    5. You must tell us immediately if:

    e. you become aware of any medical or physical condition of any driver that may affect their ability to drive;

    i. there are changes to any other material fact.

    This is not a full list and you should tell us about any change if you are not sure whether it may affect your policy.

    ====================================
    Axa

    4 Changes to your policy

    You must tell us immediately about any:

    ....

    change in the driver’s health that may affect their ability to drive;

    ....

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

    Coylemj- I presume you still work & qualified in insurance exams also
    Under data protection , I’m not gonna ask the OP his/her personal private info as none of my business

    I never says don’t disclosed. I explained that the exact condition be it Hearing/sight/MS/ME/ the ‘C’ or diabetics for example is not required under data protection rules BUT the insured must confirm that have made the requirement as required by ndLs whom wil have confirmed data with the RSA whom grant the licence.

    I have myself been through a major 101 scenario so know from both sides of cases


  • Registered Users Posts: 25,361 ✭✭✭✭coylemj


    cplwhisper wrote: »
    I never says don’t disclosed.

    Really?
    cplwhisper wrote: »
    Relax.. your condition itself is not required to be declare to insurer
    =================================
    cplwhisper wrote: »
    I explained that the exact condition be it Hearing/sight/MS/ME/ the ‘C’ or diabetics for example is not required under data protection rules....

    Data protection legislation was not designed to be used as an excuse to withhold medical information from your motor insurance company.

    What about if you're looking for travel insurance and have a pre-existing medical condition - can you invoke data protection legislation there to not disclose it?
    cplwhisper wrote: »
    ..... BUT the insured must confirm that have made the requirement as required by ndLs whom wil have confirmed data with the RSA whom grant the licence.

    We're discussing motor insurance here, not the driving licence. Disclosing your medical condition to the NDLS does not discharge your responsibilities under your motor policy.


  • Registered Users Posts: 21 cabbie04


    Would sleep apnea load your insurance


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  • Registered Users Posts: 21 cabbie04


    How did you get on with insurance companies


  • Registered Users Posts: 2,344 ✭✭✭NUTLEY BOY


    How would the Data Protection argument sit against the issue of non-disclosure of material facts ?

    Insurance contracts are of a species known as contracts written uberrima fides (utmost good faith). That requires candour on both sides to say the least of it.

    A material fact is one which might be capable of influencing a prudent insurance underwriter in deciding whether or not to accept a risk proposed for insurance and, if so, upon what terms and conditions.

    It is never the place of the proposer for insurance to decide what they think is a material fact. That decision is actually the province of the insurance underwriter.

    A non-disclosure could constitute misrepresentation and therefore an offence under RTA 1961,S64. Link [/I]http://www.irishstatutebook.ie/eli/1961/act/24/section/64/enacted/en/html#sec64

    Non-disclosure can render an insurance contract voidable ab initio by the insurer.

    If there is any doubt about a medical condition it should always be disclosed. The underwriter needs to assess whether or not the condition affects the insurance risk. Many conditions attract no penalties from insurance underwriters. For example, my mother had a cardiac pacemaker implanted. She declared it at renewal and sent a letter from the cardiologist that she was perfectly safe to drive. There were no terms imposed.

    BTW the duty of disclosure revives every year at renewal. i.e. renewal is like the initial application as far as disclosure goes.

    Be aware that if you have underwriting terms imposed upon you by an insurer - including terms based on a medical condition - that of itself becomes a material fact to be disclosed to other/future insurers. Equally, if your policy is cancelled for non-disclosure that is treated similarly.

    In summary, disclose it or run the risk of a shed-load of motor insurance problems.


  • Moderators, Business & Finance Moderators Posts: 17,652 Mod ✭✭✭✭Henry Ford III


    Imagine if the proposal was for life assurance? The principles are the same. It's not good enough to say "my doctor said I was insurable".

    It's not your G.P.'s call.


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