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Purchasing car insurance/medical disclosure

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  • 09-10-2018 2:00pm
    #1
    Registered Users Posts: 750 ✭✭✭


    My motor insurance is up for renewal in a month and the most competitive quote I can get is through a small local broker. I am about to start taking medication for a condition I am very sensitive about. As a result I only want to disclose this if I absolutely have to but am afraid if I do not do so now it could negatively affect a future claim (the medication doesn't impact on driving). Does anybody know if a letter from my GP stating that I am not on any medication that will affect my driving will suffice, or should I have to disclose the nature of the condition? I would prefer to be absolutely upfront but protect my privacy at the same time. My driver's licence was renewed last year but I had no medical conditions to declare.


Comments

  • Registered Users Posts: 2,959 ✭✭✭Eggs For Dinner


    You must disclose any condition or medication which may affect your ability to drive to your insurer. In addition, you must disclose it to the Licencing Authority. The Licencing Authority may request a medical report to be completed by your doctor/consultant


  • Registered Users Posts: 16,625 ✭✭✭✭banie01


    The NDLS lay out very specically what conditions need to be disclosed.
    Should you have a disclosable condition, you need to inform the NDLS and have your license amended you are also required to disclose the condition to your insurer.
    Your insurer will ask you to disclose any material facts, if you believe the ailment affects driving tell them.


  • Registered Users Posts: 750 ✭✭✭Tisserand


    Thank you all for the replies above. I realise the NDLS lay out specifically what conditions need to be disclosed. My condition is not specifically listed but an insurance company could argue that it falls under one of the broad headings. Since my original post I have since phoned the NDLS and explained the situation and the agent said he didn't think I had anything to be concerned about. I then phoned the Insurance company who said they would note the condition but couldn't tell me if it would impact a future claim if the event arose. It's all a bit vague. So I am guessing it's down to my GP to confirm the situation one way or the other.
    I phoned my GPs surgery as well and the receptionist didn't sound very sure about providing a letter but is to check it out and get back to me tomorrow. Thanks again for all the replies.


  • Registered Users Posts: 2,959 ✭✭✭Eggs For Dinner


    You have disclosed the matter to your insurer. If they take no action or waive further investigation, it cannot affect any future claim (I presume you told your insurer and not a broker). Take a note of the day and time you spoke to them and keep it somewhere

    If you have told the NDLS and they have not restricted your licence, that too is compliant with your insurance


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


    Tisserand wrote: »
    Thank you all for the replies above. I realise the NDLS lay out specifically what conditions need to be disclosed. My condition is not specifically listed but an insurance company could argue that it falls under one of the broad headings. Since my original post I have since phoned the NDLS and explained the situation and the agent said he didn't think I had anything to be concerned about. I then phoned the Insurance company who said they would note the condition but couldn't tell me if it would impact a future claim if the event arose. It's all a bit vague. So I am guessing it's down to my GP to confirm the situation one way or the other.
    I phoned my GPs surgery as well and the receptionist didn't sound very sure about providing a letter but is to check it out and get back to me tomorrow. Thanks again for all the replies.

    The level of vagueness from the insurer is unprofessional and unacceptable and leaves you very exposed legally.

    MATERIAL FACT.

    Firstly, the concept known as a material fact. A material fact is one which is capable of influencing the judgment of 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 the decision of the insurance underwriter as to whether or not something is a material fact. This is never the decision of the proposer (or the policyholder at renewal).

    DISCLOSURE.

    There is a duty to disclose material facts. This duty applies at initial application for insurance and revives at renewal. If you are uncertain as to whether a fact is material the correct practice is to disclose it and let the insurer decide how to treat it.

    Insurance contracts belong to that species known as contracts uberrima fides. This means that there is a duty on both parties to act in good faith in their dealings with each other. The disclosure and material facts concepts come within the scope of this.

    If you disclose a fact you can never be caught subsequently for non-disclosure of that matter. Disclosure keeps you on the right side.

    ACTION.

    IMHO you should disclose the specific condition to the insurer in writing and be sure you get written acknowledgement of the disclosure. The insurer may reply and say that they have noted their records accordingly. They might not ask for a letter of confirmation from your GP. If so, that is the matter dealt with.

    Alternatively, the insurer may request a letter from your GP confirming that you are "medically fit to drive". In that case you will probably have to present yourself to your GP to secure the relevant letter. Be sure to get written acknowledgement of the letter if you have to send it in.

    Sorry for the lecture but this is far too important a matter to be dealt with in such an offhand way. The contents of telephone conversations are notoriously difficult to evidence when things go wrong.


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